2.Case-Agent Sequestration Exemptions and Defense-Table Camera Privacy
28 linesMS. CONRAD: Your Honor, the other matter is we had raised with the Court before, the government wanted to have a number of FBI agents who they described as case agents exempted from the sequestration. They've given us a list of four, one of whom will not testify. We have no objection to him being present. The other three we're told are likely not to testify, but I think that's a little less definitive than we feel comfortable with at this point.
THE COURT: Well, I think -- I don't know. Normally a case agent who is present is also permitted to testify.
MS. CONRAD: A case agent.
THE COURT: Right. And we said we could expand that by some number. Four may be a little higher than I had in mind.
MR. CHAKRAVARTY: It's actually three, your Honor.
THE COURT: Yeah, I thought we talked about three.
MR. CHAKRAVARTY: It's been the same three.
THE COURT: Yeah. So I think that's within what we discussed.
MS. CONRAD: Can we be heard at sidebar, your Honor, with regard to one, your Honor?
THE COURT: If he's not going to testify this morning, we'll do it some other time.
MS. CONRAD: All right. Thank you.
MR. BRUCK: One last matter.
THE COURT: Line up the jury while Mr. Bruck is making his last point.
MR. BRUCK: I'm sorry, your Honor?
THE COURT: I'm asking the clerk to line up the jury while you're making your point.
MR. BRUCK: And that concerns the camera next to your Honor that is trained, first of all, on defense counsel, also slightly to a lesser extent on the government table. It's closer to us than it is to the government. This is, of course, for the overflow courtroom.
And we are asking that this camera be turned off. It is -- it affords a view to people in the overflow courtroom that is not available to anyone sitting in this courtroom, and it is trained directly on defense -- on the defense table. Obviously, counsel and the defendant sitting at this table are not in a private setting, but there is a tiny zone of privacy in which we can confer with the client, interact with the client, with our backs to the public and to the government, but not to that camera.
If that was somehow part of the proceedings that everyone was entitled to witness, then we would just have to get used to being in a fishbowl, but it doesn't make any sense to us to have a camera that gives unique access to the defense table to the people in the overflow courtroom that is denied everyone else in the courtroom. And for that reason, we think that that camera should be turned off and the people in the overflow courtroom should see the same things that the people who are here in the trial courtroom itself see.
THE COURT: All right. I take note of that and I'll look into it.
MR. BRUCK: Thank you.
THE COURT: Ready?
COURT CLERK: All rise for the jury.
(The jury enters the courtroom at 9:24 a.m.)
COURT CLERK: Be seated.
THE COURT: Good morning, jurors.
JUROR: Good morning.
THE COURT: I appreciate your patience. The lawyers and I had a few things we had to iron out before we getting started. We're ready to proceed.
Have you all followed my instructions to avoid any contact with reporting about the case overnight and any discussion with anyone?
JUROR: Yes.
THE COURT: Okay. Thank you.
Next government witness. Ms. Pellegrini?
MS. PELLEGRINI: Yes, your Honor. Officer Frank Chiola.