REDACTED 10/04/2013 Motion Event ID: 000945 MOTION REGARDING ORDERS TO PRODUCE RECORDS IN RESPONSE TO PSDT-3, PSDT-4 AND PSDT-5 FILED BY THE ATTORNEY GENERAL STD 201 10-4-2013 /REB 10/04/2013 Notice Filed Event ID: 000946 THE COURT ENTERS NOTICE OF LABELING OF OCTOBER 2, 2013 LETTER FROM THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS AS "C-66." COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 10/04/2013 Notice Filed Event ID: 000947 THE COURT ENTERS NOTICE OF LABELING AS "C-67" MOTION FILED BY THE OFFICE OF THE ATTORNEY GENERAL REGARDING ORDERS TO PRODUCE RECORDS IN RESPONSE TO PSDT-3, PSDT-4, AND PSDT-5. COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND TANYA SMITH. 10/04/2013 Order Event ID: 000948 THE COURT ENTERS ORDER REGARDING MOTION BY CMHIP AND WITH RESPECT TO ORDERS TO PRODUCE RECORDS IN RESPONSE TO PSDT-3, PSDT-4, AND PSDT-5 (C-67). COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND TANYA SMITH.
10/04/2013 Response Event ID: 000949 CERTAIN VICTIMS RESPONSE AND OBJECTION TO DEFENDANTS MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR HOLMES RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY (D-180) AND MOTION FOR EXTENSION OF EXISTING ORDER SEALING CERTAIN EXHIBITS TO THOSE VICTIMS AND FOR RELEASE OF EXHIBITS TO VICTIMS UNDER THAT ORDER WITH PRPOPOSED ORDER FILED BY ATTORNEY FOR VICTIMS - STD 201 10 4 13 /JR 10/04/2013 Reply Event ID: 000950 DEF/ HOLMES, JAMES EAGAN REPLY TO RESPONSE AND OBJECTIONS TO MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR HOLMES'S RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY (D-180) FILED BY DEFENSE - STD 201 10 4 13 /JR 10/04/2013 Motion Event ID: 000951 DEF/ HOLMES, JAMES EAGAN MOTION TO RECONSIDER ORDER REGARDING DEFENDANTS MOTION FOR SEQUESTRATION ORDER AND PROSECUTION'S MOTION FOR VICTIMS TO BE PRESENT AT ALL CRITICAL STAGES TO THE CRIMINAL JUSTICE PROCESS AND TO BE EXEMPT FROM SEQUESTRATION FILED BY DEFENSE (D-181) - STD 201 10 4 13 /JR 10/04/2013 Response Event ID: 000952 PEOPLE'S RESPONSE TO C-65, COURT'S PROTECTION ORDER REGARDING TEST MATERIALS AND RAW DATA, INCLUDING RAW DATA PRINTOUTS, FROM CMHIP [P-62] STD 201 10-4-2013 /REB
10/07/2013 Order Event ID: 000953 THE COURT ENTERS ORDER ORDER REGARDING PEOPLE'S RESPONSE TO C-65, COURT'S PROTECTION ORDER REGARDING TEST MATERIALS AND RAW DATA, INCLUDING RAW DATA PRINTOUTS, FROM CMHIP (P-62). COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND TANYA SMITH. 10/07/2013 Order Event ID: 000954 THE COURT ENTERS ORDER SETTING BRIEFING SCHEDULE ON MOTION TO RECONSIDER ORDER REGARDING DEFENDANT'S MOTION FOR SEQUESTRATION ORDER AND PROSECUTION'S MOTION FOR VICTIMS TO BE PRESENT AT ALL CRITICAL STAGES OF THE CRIMINAL JUSTICE PROCESS AND TO BE EXEMPT FROM SEQUESTRATION (D-181). COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 10/07/2013 Notice Filed Event ID: 000955 THE COURT ENTERS NOTICE OF LABELING AS "C-68" MOTION FILED BY CERTAIN VICTIMS RESPONDING AND OBJECTING TO DEFENDANT'S MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR. HOLMES RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY (D-180) AND MOVING FOR AN EXTENSION OF EXISTING ORDER SEALING CERTAIN EXHIBITS TO THOSE VICTIMS AND FOR RELEASE OF EXHIBITS TO VICTIMS UNDER THAT ORDER. COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, CHRISTINA HABAS, AND THOMAS TASKER.
10/07/2013 Order Event ID: 000956 THE COURT ENTERS ORDER SETTING BRIEFING SCHEDULE ON CERTAIN VICTIMS RESPONSE AND OBJECTION TO DEFENDANT'S MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR. HOLMES' RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY (D-180) AND MOTION FOR EXTENSION OF EXISTING ORDER SEALING CERTAIN EXHIBITS TO THOSE VICTIMS AND FOR RELEASE OF EXHIBITS TO VICTIMS UNDER THAT ORDER (C-68). COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, CHRISTINA HABAS, AND THOMAS TASKER 10/07/2013 Minute Order (print) Event ID: 000957 MOTIONS HEARING JUDGE SAMOUR REPORTER J. MARTIN DEFENDANT APPEARS IN CUSTODY WITH COUNSEL MS. TAMERA BRADY, MR. DANIEL KING, AND MS. KRISTEN NELSON PRESENT FOR THE PEOPLE ARE DDA MS. KAREN PEARSON, MR. DANIEL ZOOK, MR. RICH ORMAN, MR. JACOB EDSON, MS. LISA TEESCH-MAGUIRE, AND DA GEORGE BRAUCHLER THE MATTER IS SET FOR SUBPOENA RETURNS ON PSDT-3, PSDT-4, PSDT-5, AND PSDT-6, AS WELL AS FOR MOTIONS HEARING. SUBPOENA RETURNS: MR. STEPHEN ZWECK-BRONNER APPEARS FOR THE UNIVERSITY OF COLORADO WITH DOCUMENTS IN RESPONSE TO PSDT-6. MR. ZWECK-BRONNER INFORMS THE COURT THAT SOME OF THE DOCUMENTS HAVE BEEN REMOVED PER ORDER D-178-A. MR. ZWECK-BRONNER GIVES TWO ENVELOPES CONTAINING RECORDS RESPONSIVE TO PSDT-6 TO THE COURT. THE RECORDS ARE GIVEN TO THE PEOPLE. WITHOUT OBJECTION, MR. ZWECK-BRONNER IS RELEASED FROM HIS SUBPOENA. MS. TANYA SMITH AND MS. ALICIA CALDERON FROM THE ATTORNEY GENERAL'S OFFICE APPEAR ON BEHALF OF CMHIP AND TWO OF ITS CLINICIANS. ONE CLINICIAN FROM
CMHIP IS ALSO PRESENT. THE CLINICIAN TENDERS RECORDS TO THE COURT IN RESPONSE TO PSDT-4 AND PSDT-5. MS. SMITH ALSO TENDERS RECORDS TO THE COURT ON BEHALF OF CMHIP IN RESPONSE TO PSDT-3. THE COURT GIVES THE RECORDS TO MR. BRAUCHLER PER ORDER C-61-A. WITHOUT OBJECTION, CMHIP AND ITS CLINICIANS ARE RELEASED FROM THEIR SUBPOENAS. HOUSEKEEPING: THE COURT ADDRESSES THE FOLLOWING HOUSEKEEPING ISSUES: FIRST, THE COURT ASKS THE PARTIES TO SCHEDULE THE JURY SELECTION CAPITAL MOTIONS FOR A HEARING DURING THE WEEK OF DECEMBER 2, WHICH IS THE FIRST WEEK OF CAPITAL MOTIONS HEARINGS. SECOND, IN ORDER D-174, THE COURT GRANTED THE DEFENDANT'S REQUEST FOR AN EVIDENTIARY HEARING ON MOTION D-106. THE COURT ALSO EXPANDED THE SCOPE OF THE EVIDENTIARY HEARING IT HAD PREVIOUSLY GRANTED ON MOTION D-109 TO INCLUDE THE PROPOSED EXPERT TESTIMONY OF MS. ANDRIA MEHLTRETTER. TO DATE, THE COURT HAS NOT RECEIVED A REVISED HEARING SCHEDULE THAT INCLUDES EVIDENTIARY HEARINGS ON MOTION D-106 AND MS. MEHLTRETTER'S TESTIMONY. THE PEOPLE INDICATE THAT THEY BELIEVE MS. MEHLTRETTER WILL TESTIFY ON OCTOBER 22, WHICH IS CURRENTLY SET ASIDE FOR AN EVIDENTIARY HEARING ON MOTION D-109. IN ADDITION, THE PEOPLE REQUEST THAT THE EVIDENTIARY HEARING ON MOTION D-106 TAKE PLACE ON OCTOBER 25. HOWEVER, THE PEOPLE ADVISE THE COURT THAT THEY HAVE NOT RECEIVED CONFIRMATION FROM THE FBI REGARDING THE AVAILABILITY OF ONE WITNESS ON OCTOBER 25. THIRD, THE COURT ADVISES THE PARTIES THAT IT WOULD LIKE TO SET A SHORT, NON-EVIDENTIARY HEARING ON MOTION D-73. SPECIFICALLY, THE COURT WOULD LIKE THE PARTIES TO ADDRESS ITEM NO. 11 IN THE PEOPLE'S NOTICE OF RES GESTAE EVIDENCE. THE COURT BELIEVES THAT THE HEARING SHOULD TAKE NO MORE THAN 30 MINUTES TO AN HOUR. THE PARTIES AGREE THAT THIS ISSUE CAN BE ADDRESSED ON OCTOBER 10 AFTER THE HEARING ON MOTION D-108.
FOURTH, THE COURT INFORMS THE PARTIES THAT IT HAS A COMMITTEE MEETING SCHEDULED ON OCTOBER 17, AND, IF POSSIBLE, IT WOULD LIKE TO FINISH MOTIONS HEARINGS BY 2:00 P.M. THAT DAY (WITHOUT TAKING A LUNCH BREAK) SO IT CAN ATTEND THE MEETING. THE COURT ASKS THE PARTIES TO LET THE COURT KNOW WHETHER THEY ARE ABLE TO DO THAT. FIFTH, THE PEOPLE ASK THE COURT TO CONSIDER ALLOWING MORE THAN ONE PERSON FROM EACH SIDE TO EXIT THE COURTROOM DURING MOTIONS HEARINGS. THE DEFENDANT JOINS IN THIS REQUEST. THE REQUEST IS GRANTED WITHOUT OBJECTION. FOR PURPOSES OF THE MOTIONS HEARINGS, COUNSEL AND THEIR STAFF WILL BE ALLOWED TO LEAVE AND RETURN TO THE COURTROOM DURING THE PROCEEDINGS WHEN NECESSARY. JURY SELECTION: THE COURT AND THE PARTIES DISCUSS SOME OF THE PROCEDURES THAT WILL BE USED TO SELECT A JURY. THE COURT LIMITS THE DISCUSSION BASED ON THE CAPITAL MOTIONS THAT ARE PENDING WHICH RELATE TO JURY SELECTION. JUROR QUESTIONNAIRES: EACH SIDE SUBMITTED A PROPOSED QUESTIONNAIRE. THE COURT HEARS ARGUMENT FROM THE PARTIES REGARDING THEIR PROPOSED QUESTIONNAIRES. THE COURT TAKES THE PARTIES ARGUMENTS UNDER ADVISEMENT AND WILL DRAFT A QUESTIONNAIRE. THE COURT ASKS THE PARTIES TO COMPILE A JOINT LIST OF ALL WITNESSES WHOSE NAMES SHOULD BE SHOWN TO THE PROSPECTIVE JURORS TO DETERMINE WHETHER THEY KNOW ANY OF THE WITNESSES. THE PARTIES SHOULD ALSO FILE A SEPARATE JOINT LIST WITH THE NAMES OF ALL ATTORNEYS AND STAFF MEMBERS ASSOCIATED WITH THIS CASE. THAT LIST, TOO, WILL BE ATTACHED TO THE JUROR QUESTIONNAIRE. BOTH LISTS MUST BE FILED BY JANUARY 3, 2014. SPEEDY TRIAL: MR. ORMAN ASKS THE COURT TO ADDRESS THE ISSUE OF SPEEDY TRIAL. MR. ORMAN BELIEVES THAT THE DEFENDANT AGREED ON APRIL 1 TO WAIVE SPEEDY TRIAL AGAIN IN OCTOBER. THE COURT'S RECOLLECTION IS THAT ON APRIL 1 THE DEFENDANT BOTH TOLLED AND WAIVED SPEEDY TRIAL SO THAT IT WOULD NOT EXPIRE UNTIL APRIL 1, 2014. REGARDLESS, HOWEVER, THE DEFENSE IS WILLING TO HAVE THE
DEFENDANT EXECUTE ANOTHER WRITTEN WAIVER OF SPEEDY TRIAL. THAT WILL TAKE PLACE ON OCTOBER 10. HEARING ON MOTION D-117: THE COURT HEARS ARGUMENT FROM MS. NELSON AND MR. ORMAN ON THE DEFENDANT'S MOTION D-117 TO SUPPRESS EVIDENCE OF RECORDS OBTAINED FROM MATCH.COM AND ADULTFRIENDFINDER.COM. THE COURT TAKES THE MATTER UNDER ADVISEMENT; IT WILL ISSUE A WRITTEN RULING. THE HEARINGS ON OCTOBER 8 AND OCTOBER 9 ARE VACATED. THE MATTER IS CONTINUED UNTIL OCTOBER 10, 2013 AT 9:00 A.M. 10/07/2013 Motions Hearing 10/07/2013 10:00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) Status.: HELD-Hearing Held 10/07/2013 Motions Hearing 10/08/2013 09:00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) Status.: VACT-Vacated 10/07/2013 Motions Hearing 10/09/2013 10:00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) Status.: VACT-Vacated 10/08/2013 Notice Filed Event ID: 000958 THE COURT ENTERS NOTICE REGARDING JURY ORIENTATION VIDEO (C-69). COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON.
10/08/2013 Motion Event ID: 000959 MOTION REQUESTING LEAVE OF COURT TO SUPPLEMENT/REPLACE RECORDS PRODUCED IN RESPONSE TO PSDT-4 AND PSDT-5 FILED BY THE ATTORNEY GENERAL STD 201 10-8-2013 /REB 10/08/2013 Filing Other Event ID: 000960 PEOPLE'S SUBMISSION RELATED TO ITEM #11 OF NOTICE OF EVIDENCE BEST CHARACTERIZED AS RES GESTAE PURSUANT TO COURT ORDER (D-073) WITH SUPPRESSED ENVELOPE ATTACHED. STD 201 10-8-2013 SUPPRESSED ENVELOPE #42 /REB /JR 10/08/2013 Order Event ID: 000961 THE COURT ENTERS ORDER REGARDING MOTION FILED BY THE OFFICE OF THE ATTORNEY GENERAL REQUESTING LEAVE OF COURT TO SUPPLEMENT/REPLACE RECORDS PRODUCED IN RESPONSE TO PSDT-4 AND PSDT-5 (C-70). COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 10/08/2013 Notice Filed Event ID: 000962 THE COURT ENTERS NOTICE OF LABELING AS "C-70" MOTION FILED BY THE OFFICE OF THE ATTORNEY GENERAL REQUESTING LEAVE OF COURT TO SUPPLEMENT/REPLACE RECORDS PRODUCED IN RESPONSE TO PSDT-4 AND PSDT-5. COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON.
10/09/2013 Order Event ID: 000963 THE COURT ENTERS ORDER REGARDING JUROR QUESTIONNAIRE (D-82-B). COPIES SENT VIA EMAIL TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 10/09/2013 Response Event ID: 000964 CENTURYS RESPONSE TO CERTAIN VICTIMS' RESPONSE TO OBJECTION TO DEFENDANTS MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR HOLMES' RIGHT TO A FAIR TRIAL BY AN IMIPARTIAL JURY (D-180) AND MOTION FOR EXTNESION OF EXISTING ORDER SEALING CERTAIN EXHIBITS TO THOSE VICTIMS AND FOR RELEASE OF EXHIBITS TO VICTIMS UNDER THAT ORDER (C-68) FILED BY CENTURY THEATERS ATTORNEYS - STD 201 10 9 13 /JR 10/10/2013 Waiver of Speedy Trial Event ID: 000965 10/10/2013 Minute Order (print) Event ID: 000966 MOTIONS HEARING JUDGE SAMOUR REPORTERS: C. TROYANEK IN THE MORNING AND J. MARTIN IN THE AFTERNOON DEFENDANT APPEARS IN CUSTODY WITH COUNSEL MS. TAMERA BRADY, MR. DANIEL KING, AND MS. KRISTEN NELSON PRESENT FOR THE PEOPLE ARE DDA MS. KAREN PEARSON, MR. DANIEL ZOOK, MR. RICH ORMAN, MR. JACOB EDSON, MS. LISA TEESCH-MAGUIRE, AND DA GEORGE BRAUCHLER THE FOLLOWING MATTERS ARE SCHEDULED FOR TODAY: (1) THE DEFENDANT'S MOTION TO PRECLUDE EXPERT TESTIMONY CONCERNING FORENSIC COMPUTER ANALYSIS OR DATA EXTRACTION, D-108; (2) MOTION C-70, FILED BY THE OFFICE OF THE ATTORNEY
GENERAL, ASKING TO ALLOW CMHIP AND TWO OF ITS CLINICIANS TO REPLACE AND SUPPLEMENT CERTAIN DISCLOSURES IN RESPONSE TO PSDT-4 AND PSDT-5; (3) THE COURT'S SUGGESTED REVISION TO QUESTION 28 IN THE DEFENDANT'S PROPOSED QUESTIONNAIRE (SEE ORDER D-82-B REGARDING JUROR QUESTIONNAIRE); (4) THE DEFENDANT'S WAIVER OF SPEEDY TRIAL; AND (5) THE DEFENDANT'S OBJECTION TO PARAGRAPH 11 IN THE NOTICE SUBMITTED BY THE PROSECUTION PURSUANT TO ORDER D-73 (RES GESTATE/404(B) EVIDENCE). HOUSEKEEPING: WITHOUT OBJECTION FROM THE DEFENSE, THE COURT GRANTS THE PEOPLE'S REQUEST FOR TWO WITNESSES TO BE EXEMPT FROM THE SEQUESTRATION ORDER FOR PURPOSES OF THIS MOTIONS HEARING. DEFENDANT'S MOTION D-108: THE PEOPLE AGREE THAT AT LEAST PART OF THE PROPOSED TESTIMONY OF THE TWO WITNESSES TESTIFYING TODAY ON MOTION D-108 IS EXPERT TESTIMONY GOVERNED BY CRE 702. THE COURT INDICATES THAT THE TESTIMONY PROVIDED TODAY SHOULD FOCUS ON THE RELIABILITY PRONG OF THE SHRECK ADMISSIBILITY STANDARD AND THAT THE PARTIES CAN ADDRESS THE RELEVANCE PRONG OF THAT STANDARD BY OFFER OF PROOF. THE COURT GRANTS THE PEOPLE'S REQUEST TO SUBMIT A WRITTEN OFFER OF PROOF ON THE RELEVANCE STANDARD. THEY MUST DO SO BY OCT. 17. THE DEFENSE SHALL HAVE UNTIL OCT. 18 TO RESPOND. THE PEOPLE CALL THEIR FIRST WITNESS. EXHIBITS P-PT-1 THROUGH P-PT-12 ARE ADMITTED. THE MORNING SESSION CONCLUDES. COURT ADJOURNS BETWEEN 12:40 AND 1:40 P.M. DEFENDANT'S MOTION D-108 (CONT.): THE PEOPLE CALL THEIR SECOND WITNESS. THE DEFENDANT DOES NOT HAVE ANY EVIDENCE TO PRESENT. ACCORDINGLY, THE EVIDENCE WITH RESPECT TO D-108 IS CONCLUDED. SUBPOENA RETURNS: PURSUANT TO THE COURT'S ORDER C-70, MS. TANYA SMITH FROM THE ATTORNEY GENERAL'S OFFICE APPEARS ON BEHALF OF CMHIP AND TWO OF ITS CLINICIANS. MR. ORMAN MAKES A RECORD REGARDING HOW THE DISCS THAT WERE
SUBMITTED AT THE OCTOBER 7 HEARING IN RESPONSE TO PSDT-4 BECAME DAMAGED WHILE IN THE PEOPLE'S POSSESSION. MS. SMITH GIVES THE COURT THREE ENVELOPES CONTAINING DISKS WITH REPLACEMENT AND SUPPLEMENTAL RECORDS RESPONSIVE TO PSDT-4 AND PSDT-5. THE COURT INDICATED IN ITS PROTECTION ORDER (C-65) THAT SOME OF THESE RECORDS MUST BE GIVEN PERSONALLY TO MR. BRAUCHLER. HOWEVER, BECAUSE MR. BRAUCHLER IS NOT PRESENT, THE COURT GIVES THE ENVELOPES TO MR. ORMAN WITHOUT OBJECTION. AT THE REQUEST OF THE PEOPLE AND CMHIP, THE COURT HAS MADE SEVERAL MODIFICATIONS TO THE PROTECTION ORDER. DEFENSE COUNSEL HAVE PREVIOUSLY INDICATED THAT THEY WILL ALSO BE FILING A MOTION ASKING FOR A MODIFICATION TO THE PROTECTION ORDER. ONCE THE COURT HAS RULED ON THE DEFENDANT'S ANTICIPATED MOTION, IT WILL ISSUE A REVISED PROTECTION ORDER INCORPORATING ALL THE CHANGES THAT HAVE BEEN ALLOWED BY THE COURT. WAIVER OF SPEEDY TRIAL: AFTER ADVISING THE DEFENDANT, THE COURT ACCEPTS THE WAIVER AND TOLLING OF SPEEDY TRIAL SUBMITTED BY THE DEFENDANT. THE DEFENDANT AGREES TO WAIVE SPEEDY TRIAL TODAY AND TO TOLL SPEEDY TRIAL UNTIL APRIL 10, 2014. AS A RESULT, SPEEDY TRIAL WILL NOW EXPIRE ON OCTOBER 10, 2014. JURY QUESTIONNAIRE: THE DEFENDANT OBJECTS TO THE COURT'S SUGGESTED REVISION TO QUESTION 28 IN THE DEFENDANT'S PROPOSED QUESTIONNAIRE (SEE ORDER D-82-B). HOWEVER, THE DEFENDANT DOES NOT DISPUTE THAT THE COURT'S STATEMENT OF THE LAW IS CORRECT. THE PEOPLE HAVE NO OBJECTION. THE COURT OVERRULES THE DEFENDANT'S OBJECTION. DEFENDANT'S MOTION D-117: THE COURT ASKS FOLLOW-UP QUESTIONS ON THE ISSUE OF STANDING WITH RESPECT TO MOTION D-117, WHICH WAS HEARD ON OCT. 7. THE COURT HEARS ADDITIONAL ARGUMENT ON THE ISSUE FROM BOTH SIDES. BECAUSE THE DEFENDANT HAS THE BURDEN OF PROOF ON STANDING, THE COURT ACKNOWLEDGES THAT
IT SHOULD HAVE GRANTED THE DEFENDANTS REQUEST FOR AN EVIDENTIARY HEARING (AT LEAST ON THAT ISSUE). THE COURT OFFERS TO SET AN EVIDENTIARY HEARING WITHIN THE NEXT 2 WEEKS. DEFENSE COUNSEL WILL LET THE COURT KNOW IF THEY DESIRE AN EVIDENTIARY HEARING ON THE ISSUE OF STANDING SOON. DEFENDANT'S MOTION D-73/PEOPLE'S NOTICE OF RES GESTAE EVIDENCE: THE COURT HAS REVIEWED THOSE SUPPRESSED MATERIALS SUBMITTED BY THE PEOPLE ON OCT. 8. BEFORE PRESENTING ARGUMENT, MR. EDSON INFORMS THE COURT THAT NEW DISCOVERY RELATED TO THIS ISSUE WAS GIVEN TO THE DEFENSE VIA E-MAIL LATE YESTERDAY AFTERNOON. MS. NELSON ARGUES THAT THIS DISCOVERY IS UNTIMELY, BUT SHE BELIEVES SHE IS PREPARED TO ADDRESS ITEM 11 TODAY. THE COURT HEARS ARGUMENT FROM MR. EDSON AND MS. NELSON. THE COURT TAKES THE MATTER UNDER ADVISEMENT AND WILL ISSUE A WRITTEN RULING. DEFENDANT'S MOTION D-180: MR. ORMAN ASKS TO ORALLY SUPPLEMENT HIS RESPONSE TO D-180. WITHOUT OBJECTION, MR. ORMAN EXPRESSES CONCERN RELATED TO JURORS HAVING ACCESS TO PLEADINGS AND ORDERS ON THE COURT'S WEBSITE DURING THE TRIAL. HOWEVER, THE PEOPLE ARE NOT ASKING THE COURT FOR ANY PARTICULAR RELIEF. FURTHER, THE PEOPLE ACKNOWLEDGE THAT EVEN IF THE COURT GRANTS MOTION D-180, JURORS WILL HAVE ACCESS TO ARTICLES PUBLISHED BY THE MEDIA, INCLUDING THOSE CONTAINING LINKS TO PLEADINGS AND ORDERS. ADDITIONAL HOUSEKEEPING: MR. ORMAN INFORMS THE COURT THAT THE TWO FBI AGENT EXPERT WITNESSES RELATED TO THE DEFENDANT'S MOTION TO PRECLUDE OPINION TESTIMONY CONCERNING CRIME SCENE RECONSTRUCTION, D-106, ARE NOT AVAILABLE OCTOBER 25, BUT ARE AVAILABLE ON OCTOBER 28. THE DEFENSE IS NOT AVAILABLE OCTOBER 28. THE PARTIES AGREE THE MOTION WILL BE ADDRESSED DURING THE CAPITAL MOTIONS HEARINGS IN DECEMBER. MATTER CONTINUED TO TEN O'CLOCK ON OCTOBER 15, 2013. FLG: WAIVER OF SPEEDY TRIAL
10/10/2013 Motions Hearing 10/10/2013 09:00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) Status.: HELD-Hearing Held 10/10/2013 Motions Hearing 10/11/2013 09:00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) Status.: VACT-Vacated End of Case: 2012 CR 101522