Miscellaneous Matters

Letecia is sitting in the middle of the defense table today. Unknown why but guesses are so the judge can see her easier to monitor her behavior

Juror 12

Juror 12 has been dismissed; deciding factor is if it had been known the challenge in selection would have been granted.

Document Issue

Something with Dr. Torres and the MMPI2, and the scores on scales F, FP, FB, SC, D.
They want Dr. Torres to release the questions and how the defendant completed it. The defense says prosecution is claiming that her scores are more consistent with someone who was coached than someone who is ill.
The prosecution objects to raw data being released to a defense attorney. This is for use by psychologists or psychiatrists. The experts retained by the defense have received the raw data and can testify to their opinion on what the data actually says. There is a privacy concern with this raw data. They request to hear from Dr. Torres directly on her position regarding the raw data.
The MMPI2 was administered to Letecia two to three times. The defense expert was given raw data on February 7th. A protection order should be placed on the raw data if it is released to the defense.
The defense says only himself and a clinical social worker would be reviewing it. The prosecution wants a copy of it.
Judge Werner grants protection order. There will be no copies or distribution to anyone not associated with the case or not in the defense or prosecution counsel’s office. Both sides must take sufficient steps to make sure this stays private. After the case both sides will need to provide their copies for destruction.
The prosecution is concerned someone down the line decides this is not sealed and asks the court to upload it under seal instead of the parties. It won’t be unsealed without court order.

Admonishment

Information and photos regarding Letecia’s behavior, flipping the bird. Judge Werner asks for the photos. It was screen captured from the Webex stream.
These are being uploaded to the record.
Judge Werner says the tables have been rearranged because one of the tables was wasting space.
Judge Werner tells Letecia she has the right and obligation to be present for the trial to see the evidence, communicate with her lawyers, and assist in her defense. She has the right for the jury to not see her in restraints so that the jury does not see her as a prisoner and is not prejudiced against her. These rights are not without limitation. You also have the responsibility to behave with respect and decorum. You have the responsibility to behave in such a fashion as to make the use of additional restraints unnecessary. Sometimes, a defendant chooses to act out. The likelihood rises the longer the trial is and the more severe the charges are. She is not the first or last defendant to act out. Judge Werner can’t imagine the pressure a defendant must feel and though they may not agree or like a witness they must behave. Jurors have already noticed. This makes her attorneys job much harder. Judge Werner is aware of the practical realities that exist in this case. He could hold her in contempt (6 months in jail for each misconduct) but this does not seem to be a deterrent though he is not without remedy.
Tables have been moved, her chair does not rock or swivel. She will be directly facing the bench and more in his line of sight. Judge Werner cautions her against waving her hands or trying to stretch her fingers out and leaving one more prominent than the others. It is disrespectful to proceedings, court, and legal process and is a form of witness intimidation. If that conduct occurs again it is a violation of the expected decorum. Everyone in the gallery sees signs that have warned them of the same kind of conduct; you can’t do it either. He may impose other remedies - a bolt installed on the other side of the table and her hands cuffed to the bolt. It would be uncomfortable and she would be unable to use her hands. He can have her removed from the court room but she would be held in a holding cell in the courthouse. She knows how uncomfortable they are. She will be taken to the courtroom during every break to see if she has changed her mind. She will be brought over for the next day of trial and start all over again.

Other Matters

Regarding Ms. Bell there are 5 to 10 minutes from the 2/21 search that the prosecution forgot to cover. Defense does not object to re-calling her.
The second matter is more private and they have gone to sidebar, we can’t hear.
Juror 12 is brought in. Judge Werner dismisses her and apologizes that she had to come down
The jury is brought in.
Judge Werner tells jury they can stay in their same seats or they can decide to move down now that there is more space.