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Dzhokhar Tsarnaev— Case Archive
2015 Federal TrialtranscripttranscriptRule 403 Video Ruling — Part B Audio Suppressed - Day 27 - 2015 Federal TrialThe Court ruled on a Rule 403 audio objection, directing that Part B of the first video be played without sound.
Nadine PellegriniWilliam D. WeinrebMiriam ConradGeorge A. O'Toole Jr.Paul BruemmerTHE COURTMS. CONRADMS. PELLEGRINIPaul BruemmerMR. WEINREBCourt Clerkprocedural
2015 Federal Trial/Day 27/March 4, 2015
13 pages·6 witnesses·1,317 lines
Guilt-phase rulings and jury instructions preceded competing opening statements about the brothers' roles. Marathon organizers, a store manager, and injured spectators then testified about the blasts, emergency aid, and injuries, with photographs and videos presented to the jury.
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Procedural

9.Rule 403 Video Ruling — Part B Audio Suppressed

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Rule 403 Video Ruling: Part B Audio Suppressed
ProceduralProc.Rule 403 Video Ruling: Part B Audio Suppressed
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THE COURT: I understood there was a 403 issue with the videos. I've looked at the videos, which I think I've seen what you intend, over the lunch break. I understand that -- I don't know -- who am I addressing here?

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MS. CONRAD: I'm sorry? I am.

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THE COURT: Okay. From the status report --

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THE COURT: -- it appears that the issue is with the audio --

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MS. CONRAD: Correct.

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THE COURT: -- only?

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THE COURT: I think I understand the issues. I don't think we need extended argument.

My reaction is that the audio should be suppressed on the second of the first three but is okay on the third of the first three -- I guess on the first if there is an audio. I focused on 2 and 3. And with the second witness, I think it's okay as is.

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MS. CONRAD: I'm a little confused because I only had two in the status report. So when you say "three," I'm not sure --

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THE COURT: No, the first one is in three parts as I saw it on the machine, and I was talking about the three parts. A, B and C, I think it's called. Is that right?

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THE COURT: And it was the B part that I think the audio should be suppressed on. C, it's okay. Can we do that technically?

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PAUL BRUEMMER: Yes, your Honor. Would you like me to turn the volume off or do you want to --

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THE COURT: Yes. No, no, you do it. Well, only because -- I mean, you have absolute control over it. This would be secondary control of it and I think it's best...

All right. So with that solved, I think we can proceed, then.

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(Pause.)

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THE COURT: Is she getting the witness?

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MR. WEINREB: Yes, and she's going to let the witness know about the Court's ruling so the testimony can be adjusted appropriately.

Your Honor, just to clarify, I assume the Court's ruling goes only to the audio and not the exhibit itself?

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COURT CLERK: All rise for the jury.

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(The jury enters the courtroom at 2:12 p.m.)

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COURT CLERK: Be seated.

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THE COURT: Ms. Pellegrini?

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MS. PELLEGRINI: Yes, your Honor. The government calls Colton Kilgore.

Continue to next page10.Colton Kilgore — Direct
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