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2015 Federal TrialtranscripttranscriptExhibit 639, Reserved Rule 29 Motion, and Defense Witnesses - Day 41 - 2015 Federal TrialCounsel disputed the display of Exhibit 639. The court reserved decision on the defendant’s Rule 29(b) motion pending a government response and discussed plans for further testimony.
Aloke ChakravartyWilliam D. WeinrebDavid I. BruckJudy ClarkeMiriam ConradGeorge A. O'Toole Jr.THE COURTMR. BRUCKMR. WEINREBMS. CONRADMR. CHAKRAVARTYMS. CLARKEsidebar
2015 Federal Trial/Day 41/March 30, 2015
8 pages·4 witnesses·2,554 lines
The government rested after medical testimony about Lingzi Lu and Martin Richard and examination of bombing-scene imagery. The defense presented search evidence and digital-record analysis, with witnesses acknowledging limits on timing and location conclusions. The Rule 29 motion and proposed defense evidence remained unresolved.
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Exhibit 639, Rule 29 Motion, and Witness Scheduling
sidebarsidebarExhibit 639, Rule 29 Motion, and Witness Scheduling

(Discussion at sidebar and out of the hearing of the public:)

THE COURT: I have a motion from the defendant.

MR. BRUCK: One quick matter before we take that up, your Honor, and that is to put on the record that with respect to Exhibit 639, to which we earlier objected, that was a front view of the little Richard boy, the record should reflect that the arm was greatly magnified and expanded when it was viewed, which we think increased the prejudicial effect. There was no ability to object to it since it was in evidence and the government had the right -- and that was implicit in the decision admitting it -- but I think the record should reflect what the jury saw, was a close-up that was very graphic --

MR. WEINREB: I would dispute that the defense had no opportunity to object. They could have just stood up and objected but they chose not to.

THE COURT: Okay. Both points are noted.

I have the motion. Under Rule 29(b), I reserve.

MS. CONRAD: We're filing electronically on that, your Honor, but we wanted to make sure we made the motion.

THE COURT: It raises some interesting legal points and I'll hear from the government on it before I rule, but under Rule 29(b), I reserve.

MS. CONRAD: On a housekeeping matter, I was going to re-call Agent Gamble at this point.

THE COURT: It won't be too long?

MS. CONRAD: I assume she's in the vicinity. It won't be too long. And I had asked the government to produce one of the items that -- I don't know what the status of that is now.

MR. CHAKRAVARTY: They're going to grab it now.

MS. CONRAD: Well, the question is how long it will take to get it here. I thought it was here earlier.

THE COURT: Is it in the building?

MR. CHAKRAVARTY: It is in the building. I just sent somebody up to get it.

THE COURT: So we'll probably do her and then break for lunch. And then what else? You have a cell phone person or something?

THE COURT: Cell tower.

MS. CONRAD: That's Mr. Watkins.

MS. CONRAD: It partly depends on the government's [sic] rulings on a number of pleadings.

MS. CLARKE: I'm looking forward to a stipulation regarding fingerprint evidence to avoid having the fingerprint examiner from Washington, D.C. And I don't think we've reached a conclusion on that. It's sitting with Mr. Weinreb right now.

THE COURT: What I want to know is will there be evidence tomorrow.

MR. WEINREB: I think a lot of that depends on the motion in limine that the government filed.

THE COURT: Right. So I think what we should do is do the two witnesses that were identified, let the jury go for the day, and then we can confer. But letting the jury go for the day, we'll instruct them to return tomorrow.

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