1.Motion in Limine Denied as to Matthew Levitt
38 linesP R O C E E D I N G S
THE COURT: Morning.
MR. CHAKRAVARTY: Your Honor, Agent Swindon is still on the stand. I have a few minutes left with him just to clarify some things, and then I would hand him over for cross-examination. My understanding there's anticipated to be a lengthy cross-examination of this witness. And the next witness is Dr. Levitt, who is our terrorism expert. He has a flight to Europe scheduled for this afternoon after the court day. And so our hope was that we would get all of his testimony in.
In light of the prospect of Mr. Swindon potentially going longer than expected, if the Court has no objection, I'd like to potentially call Mr. Levitt out of order -- Dr. Levitt out of order and then conclude Agent Swindon's.
THE COURT: Mr. Bruck?
MR. BRUCK: That's fine with us, your Honor. I should note, however, that there is a motion in limine respecting the terrorism experts, of which Dr. Levitt is one. And his report is specifically referenced in that motion. So that will have to be addressed before his testimony.
THE COURT: Well, I've reviewed his report, and I think he can testify. So as to him, it's denied. The motion is denied as to him. I've reviewed the report and the motion. The motion was addressed to a number of people, and I take no position whether it applies to others or not -- whether this ruling applies to others or not. As to him, he may testify.
MR. BRUCK: That leaves me, I guess, with the question about the extent to which I will have to continually object during the course of his testimony on the grounds stated in the motion in limine or whether we can have a continuing objection to the background information.
THE COURT: Yes, you may have a continuing objection to it.
MR. BRUCK: Thank you very much.
THE COURT: How long will the Levitt testimony be?
MR. CHAKRAVARTY: I anticipate -- it's my anticipation so it might be generous -- about an hour and a half on direct, your Honor.
THE COURT: On direct?
MR. CHAKRAVARTY: On direct.
THE COURT: And how much on cross?
MR. BRUCK: Considerably less than that, your Honor.
THE COURT: Well -- so who's doing the cross of this witness?
THE COURT: And your estimate?
THE COURT: Yeah. Well, why don't we proceed -- well, there's two ways of doing it, I guess. You can finish the direct, and we can go to Levitt and get him done and then have the cross uninterrupted, or you can have some cross and we'll see how the clock goes.
MR. BRUCK: As far as Levitt goes, I don't think there's any danger, that if we proceed in the normal order, that he wouldn't be finished by 4:00 at least based on --
THE COURT: Okay. All right. Let's see how the morning goes then in the normal order.
THE COURT: So you'll begin with cross after the direct; is that all right?
THE COURT: Fine. Any other issues before we get the jury? So why don't you line them up. It takes awhile usually.
Miss Conrad filed a motion under seal this morning.
MS. CONRAD: Yes, your Honor.
THE COURT: That matter has to be addressed to the presiding judge in the other case.
MS. CONRAD: Okay. Thank you.
THE COURT: As a preliminary matter.
MS. CONRAD: Okay. Thank you.
THE COURT: It may then be appropriate depending on the ruling, okay?
MS. CONRAD: Yes.
(The jury entered the courtroom at 9:13 a.m.)
THE COURT: Morning, jurors. I hope you had a good weekend, and I hope you abided by my instructions not to discuss the case. Did you?
JUROR: Yes.
THE COURT: Thank you. We'll resume with the direct examination of Agent Swindon.
MR. CHAKRAVARTY: Thank you, your Honor.