5.Exhibit 639, Reserved Rule 29 Motion, and Defense Witnesses
27 lines(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?
MS. CONRAD: Yes.
THE COURT: Cell tower.
MS. CONRAD: That's Mr. Watkins.
THE COURT: Then?
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.
MS. CONRAD: Okay.
MS. CLARKE: Okay.
MR. WEINREB: Okay.