3.Duplicative Aggravating-Factor Motion Denied, Rule 29 Reserved, and Mitigating-Factor Requests
44 linesMS. CLARKE: Rule 29.
MR. BRUCK: The question was whether we could further reserve this or whether the motion needs to be made now. I don't know.
MS. CLARKE: I think we just want to make sure the record was clear we made the Rule 29.
THE COURT: I wasn't clear whether you made it on Friday or you were saying you were going to make it this morning.
MS. CLARKE: We consider it made. And the motion on duplicative aggravating factors is renewed.
THE COURT: Okay.
MS. CLARKE: That was 249.
THE COURT: 289, I think.
MS. CLARKE: Whatever.
THE COURT: Anyway, that one is denied. I reserve, as I did before, the Rule 29 motion.
MR. WEINREB: Your Honor, we filed a motion to strike mitigating factors.
THE COURT: Oh, yes. That's granted. I don't think there was much opposition, 1113, 14, and 15.
MR. BRUCK: Yikes.
THE COURT: Go ahead.
MR. BRUCK: We hadn't even responded to it.
MS. CONRAD: We just got it last night.
THE COURT: Can you not address them in the opening?
MR. BRUCK: We're not going -- the opening does not list mitigating factors.
THE COURT: I tipped my hand. I think you've got an uphill battle, but I'll give you the opportunity to change my mind. Let me just say I don't think they meet the statutory standard of the defendant's characteristics and character and the circumstances of the offense. That's my general take on it, but I'll hear from you, obviously.
MR. BRUCK: Okay.
THE COURT: I thought we had sort of previewed this the other day.
MS. PELLEGRINI: We did.
MR. WEINREB: Also, I think 13 was withdrawn.
MR. BRUCK: 13 was withdrawn.
MS. CLARKE: Not on Friday but another day.
MR. BRUCK: Although it will be reasserted if --
THE COURT: As long as you're not going to make reference to the topics in the opening or with the witnesses today, there's no problem.
MR. BRUCK: No.
THE COURT: Okay.
. . . END OF LOBBY CONFERENCE.)
(The Court and jury entered the courtroom at 10:03 a.m.)
THE COURT: Good morning, jurors. Once again, thanks for your patience. We had some organizing work to do, and, hopefully, that will makes things move a little smoother.
Again, I ask you: Have you all been able to avoid any contact with reporting about the case with the news? Yes? And avoid any discussions with people about the case?
JUROR: Yes.
THE COURT: Thank you. We're now at the stage where the defense will present its case in this phase of the trial. And as usual, we'll begin with an opening statement which I told you was reserved from the beginning to this point. Mr. Bruck will now present the opening statement.
MR. BRUCK: Thank you, your Honor. Mr. --
MR. WATKINS: Before we begin, may we have the jurors pull out the monitors and also have the feed go --
THE COURT: Is it the CART feed as opposed to the table?
MR. WATKINS: Yes.
THE COURT: Okay.
MR. BRUCK: Everybody ready?
THE COURT: No notes during the opening statement. That's because? You know the answer. Because it's not part of the evidence.
MR. WATKINS: Judge, it's not yet feeding into any of our monitors.
THE COURT: I don't have it yet here myself. Try again.
There. I'm getting it now.
MR. WATKINS: Thank you, your Honor.