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FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
AFTERNOON SESSION 12/06/2018
WEEK 32, DAY 111
ATTEMPTING TO MISLEAD THE JURY
Court was supposed to start out at 1:30PM, but Judge Zuniga was delayed in her chambers meeting with the State Attorney General. She is meeting with him to hash out what she can allow to be shown to the jury concerning the private personnel files of Scott McFarlane and other materials that were collected by the CHP. The courtroom was opened up for the spectators at 2:00PM. Judge Zuniga states that she had just gone through a huge amount of files, and will have to get together once again with the Attorney General to finish this work to make a record for appellate review. She is going to disclose an interview that was done on Kevin Pickett by CHP Sargent Domby, and someone with the last name of Hutsel. This interview of Kevin Pickett was done on 07/28/2015. She is also going to disclose a telephone call that was made between Brian and Robert Woody. Also being disclosed, is an interview that was done with Dawn Poma. This interview was done over the telephone. She is also disclosing a diagram that was prepared during the interview of someone named Jesse Lebeaux. I do not know anything about this person except that he is a law enforcement employee. The follow up meeting with the Attorney General is set for 9:30AM on December 20th.
The jury is called up by the Bailiff at 2:20PM, and arrives in the courtroom at 2:26PM. Eduardo Quintanar is seated on the stand at 2:26PM, and we are back to Marlisa Ferreira’s direct examination of the former CHP Officer. Marlisa Ferreira immediately begins hammering Mr. Quintanar with questions why Daljit Atwal and Baljit Athwal did not trust Scott McFarlane. Mr.Quintanar does not remember why they did not trust Scott McFarlane. She has him read a transcript. He denies saying in an interview that the Athwal brothers believed Scott McFarlane was an informant.
Marlisa Ferreira now starts asking Eduardo Quintanar about his testimony that he did not know anything about tracking devices. Mr. Quintanar denies ever being a part of STANCAT. This is a team in Stanislaus County that investigates automobile thefts. He states that he did patrol Hwy 99, and later patrolled Hwy 99 and Interstate 5. He testifies that he did have some contact with STANCAT, and that a CHP Officer was always assigned to STANCAT. He denies ever being trained by STANCAT in the use of trackers. He admits to having some conversations about tracking devices. He states that when he worked with STANCAT, he was used to transport car theft suspects that had been arrested. He testifies that he never heard “chatter” on the police radio about the use of tracking devices. He admits to hearing radio communications about pursuits, and had been involved in pursuits of car theft suspects. He testifies that he had never been called off from a pursuit because of a tracking device being in use. Marlisa Ferreira asks Eduardo Quintanar what he learned about tracking devices by his conversations about them. He states that he merely had asked about what was being carried in a box by one of the officers. He states that he was working on some reports, and an officer came into the room with something contained in a box.
Now we get into some real testy stuff folks. Marlisa Ferreira asks Eduardo Quintanar if he had a conversation with Daljit Atwal about Daljit Atwal being involved with a fight with Korey Kauffman. There are numerous objections to this question, and we immediately have a side bar. After the side bar, Marlisa asks Eduardo Quintanar if he had a conversation with Daljit Atwal about a fight where Daljit Atwal had a fight with Korey Kauffman where Korey Kauffman had been killed. Eduardo Quintanar: “No.” Marlisa Ferreira: “Did you have knowledge of that?” There is an objection to that question, and Judge Zuniga states that it is not relevant. Marlisa Ferreira asks Eduardo Quintanar what kind of vehicle that Baljit Athwal drove early in 2012. Mr. Quintanar states that Baljit Athwal drove a Chevy pickup, and is not aware of what happened to the pickup. He states that he is aware of Robin Attenhoffer, but never had a conversation with her. He denies having a conversation with Daljit Atwal about the Chevy pickup, and was not aware that Baljit Athwal was not driving the pickup truck after 2012. He states that he had seen Baljit Athwal driving Daljit Atwal’s blue BMW once or twice. He states that he can’t recall if the windows were tinted on the blue BMW, but then states that he remembers the back windows and the rear window being tinted.
Marlisa Ferreira asks Eduardo Quintanar what Pop N Cork Liquors did with the expired Costco milk that they sell at their store. He states that they would donate this milk, but does not know who the Athwal brothers would donate the milk to. He denies having a conversation with Baljit Athwal about Frank Carson. He states that he never had a conversation with Scott McFarlane about the Athwal brothers suspecting him being an informant. He testifies that he stopped going to Pop N Cork Liquors because he was a law enforcement official, and things were “Scary” after Pop N Cork Liquors had been searched. He states that he does not remember if he had a conversation with Baljit Athwal and Daljit Atwal on 07/15/2012 about them asserting their rights against self-incrimination. Marlisa Ferreira shows Eduardo Quintanar some transcripts. At this point, Alonzo Gradford, who is Mr. Quintanar’s attorney, requests some time to speak to his client. They exit the courtroom to a small room where they can speak. After they return to the courtroom, Alonzo Gradford and Kirk Bunch go to the same room to speak.
After these two conversations were done, Marlisa Ferreira tells Eduardo Quintanar how he had testified yesterday that he did not know until after the 07/15/2012 search warrants had been served on Pop N Cork Liquors, about what was going on. He admits to having a telephone call with Daljit Atwal where Daljit said something like: “Remember like what I told you.” This question was objected to, and Judge Zuniga tells Marlisa Ferreira that she is leading with her question. Marlisa Ferreira then asks Mr. Quintanar if Daljit Atwal discussed with him what was going on in that telephone call. Eduardo Quintanar: “No.” Marlisa Ferreira asks Mr. Quintanar how he responded to what Daljit Atwal had said to him in that telephone call. Eduardo Quintanar states that he answered by saying: “Yea.” Marlisa Ferreira asks Mr. Quintanar what Daljit Atwal said later in the phone call. Mr. Quintanar can’t remember, and is refreshed with some transcripts. He states Daljit Atwal said something like: “Mother Fucker think we involved somebody missing.” Marlisa Ferreira asks Eduardo Quintanar how he responded to this statement by Daljit Atwal. Eduardo Quintantar states he said: “Right.” Eduardo Quintanar states that he still does not know what happened. He admits to being told about the same thing on 07/12/2012. He states that Daljit Atwal told him that he had gone to the Sheriff’s Deparment on 07/15/2012. He admits that he asked Daljit Atwal if he had a lawyer. Marlisa Ferreira pounces on this, and asks Eduardo Quintanar why he asked Daljit Atwal if he had a lawyer. Mr. Quintanar states that Daljit Atwal has rights, and that he was concerned about his rights. He admits to asking Daljit Atwal if the investigators had read him his Miranda Rights. He states that Daljit Atwal asked him: “What Fuck they want?” He states that he then said: “Huh?” Marlisa Ferreira asks him why he said that. Eduardo Quintanar states that he was trying to figure things out. Marlisa Ferreira: “Were you conducting your own investigation?” Eduardo Quintanar: “No.” This question was objected to, and the objection was sustained. Marlisa Ferreira: “Were you trying to help Daljit Atwal?” Eduardo Quintanar: “Yes.” Marlisa Ferreira then tries to ask Eduardo Quintanar about the CHP Code of Honor. There is immediately an objection, and Judge Zuniga tells her to move on to another topic. The jury is sent down to the basement, because Judge Zuniga anticipates that there will be long arguments. Eduardo Quintanar is asked to stop down from the stand, and leave the courtroom.
We now go into a side bar. Alonzo Gradford is allowed to participate in the side bar. After the side bar, Alonzo Gradford goes out to the hallway to speak with his client. Marlisa Ferreira argues that the reason why her question is relevant is because Eduardo Quintanar tells no one about what he knew until after he was arrested. She speaks about all the scenarios that he had gained knowledge about, and yet he tells no one. She states that Eduardo Quintanar was in possession of knowledge for over a year, yet told no one. She speaks about a conversation that was had between Daljit Atwal and Walter Wells where Daljit Atwal told Walter Wells about a fight that he had with Korey Kauffman where Korey Kauffman was killed. She states that this goes directly to the credibility of Eduardo Quintanar. She states that Eduardo Quintanar is trying to make the jury believe that he is a good guy doing his job. Judge Zuniga reminds Marlisa Ferreira that Eduardo Quintanar has denied on the stand that he was told about this. She questions Marlisa Ferreira about what question she could ask that would change this fact. Marlisa Ferreira tells the judge that she will once again ask the same question. She states that the question is not offered for hearsay. She states that if Eduardo Quintanar says “yes” to the question, she will ask him if he told anyone about it. She states that if Eduardo Quintanar says “No” to the question, she will impeach him. She will then ask Eduardo Quintanar if he had told Detective Navarro about this.
Marlisa Ferreira has judge Zuniga read this report. Defense Attorney Hans Hjertonsson tells Judge Zuniga that it is clear in the report that Walter Wells explains that this scenario is only a theory that was believed by the investigators, and is so very misleading. Hans states that Marlisa Ferreira has no good faith basis for asking this question, and is therefore once again committing misconduct. He calls what she is trying to do improper. Jai Gohel agrees what Walter Wells had said was referring to a theory that the investigators had in this case, and also calls it misleading. He agrees that Marlisa Ferreira has once again committed misconduct. Hans Hjertonsson wants the jury to be instructed on this issue. Judge Zuniga states that questions are not evidence, and it amount to nothing. She states that the attorneys should only be concerned when she rules that misconduct has occurred. She then tells Marlisa Ferreira that she has already found in an earlier ruling that she had committed misconduct. She tells the attorneys that they can file complaints to the Attorney General about misconduct in this case. I hope Judge Zuniga files a complaint of misconduct with the Attorney General about the misconduct that she found that was committed by Marlisa Ferreira. I think she is legally bound to report this misconduct. Judge Zuniga now states that her clerk needs a break.
It is 3:43PM when we get back into the courtroom after the break. The jury is still in the basement. Eduardo Quintanar is still outside of the courtroom. Marlisa Ferreira speaks about how Eduardo Quintanar’s story had changed after he had spoken to his lawyer Alonzo Gradford. She states that he began speaking about it being a theory after speaking with his lawyer. She calls this deceitful, and starts pounding her table. Judge Zuniga seems annoyed by this, and tells her to stop pounding her table. Marlisa Ferreira states that it is not misconduct if she has a basis for her question. She complains that the jury is being influenced by the defense lawyers saying misconduct under their breath. Judge Zuniga has the jury sent up so that they can be sent home for the day. Judge Zuniga speaks about Walter Wells being on for Friday at 9:00AM. This is going to have to be rescheduled, because we are nowhere near done with Eduardo Quintanar. Marlisa Ferreira is still on direct examination, and the defense has to do their cross examination. Percy Martinez speaks about some witnesses that they have that need to be rescheduled. Judge Zuniga wants the jury to be in at 10:00AM. We then go into some more scheduling issues. I will not go into these, because they never happen as planned.
Defense attorney Hans Hjertonsson states that Marlisa Ferreira has changed her argument now, and what she is trying to do is triple hearsay. He states that the purpose of what she is trying to do is to mislead the jury. Judge Zuniga states that Marlisa Ferreira’s question segways into a fight between Daljit Atwal and Korey Kauffman, where Korey Kauffman dies. She states that this is just a theory, and that she discovered this after reading the report for the second time during our break. She once again asks Marlisa Ferreira how she is going to impeach Eduardo Quintanar if he answers “No” to her question. She states that she is going to exercise her 352 powers, and states that the question is prejudicial. Judge Zuniga sustains the defense objection. We are now done for the day. Sometimes Marlisa, you just don’t get what you want.
Sincerely; William Thomas Jensen (Tom)
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Good evening everybody, this is Marty from Dawg’s Blog with tonight podcast on 12/6/2018. It was just a half a day, there was no noon report.
Judge Zuniga had a continued in camera hearing of the personnel files of the CHP officers with the Attorney General and guardian of the files. So, I wasn’t there this morning, and neither was Tom. They did put some things on record this morning, but the bottom line is the Judge made some decisions today in regards to that. Apparently, the Attorney General Office requested it be expedited to make this go easier, so they put it all on disk. The Judge had a disk to go thru all their files, the interviews, emails and so on. She said some of the files were really large and it took her some time to go through them. She has received everything at this point. She will have to make a record on another day to be clear for any Appellate Review. She loves to use that term, Appellate Reviews. Some files on the disk were not accessible and that is to be resolved later. Apparently, there were some emails she couldn’t open. She had an IT person involved and discovered they were not relevant. So, she disclosed 4 items out of all that information. I believe it was Eddie Quintanar and Scott McFarland and I’m not sure if there was anything on Walter Wells. So, one item she is releasing to the Attorneys is a Kevin Pickett interview by then-Sgt Domby and somebody by the name of Hutzel, CHP investigators. She turned over a copy of that transcript of that interview to Marlisa Ferreira. She released a telephone call between Brian and Robert Woody, sounds like it is a jail call. Marlisa Ferreira said that was already discovered. There was a telephone interview with Dawn Poma (Kevin Pickett’s wife or girlfriend who was living in the house with Korey Kauffman and the others in that house). She turned over a diagram that was drawn in an interview with someone named Jesse LeBeaux. That is all the Judge is going to disclose at this point. On December 20, 2018 at 9:30 am the Attorney General is going to return to finish everything up.
The jury was up at 2:25 PM. Eddie Quintanar back on the stand. The deposition continued. Remember Eddie Quintanar has a lawsuit against Stanislaus County, against Marlisa Ferreira personally, against Kirk Bunch personally and she is doing a direct examination of Eddie Quintanar on that stand and going into many things that are unnecessary and don’t really relate (but I’m an idiot, what do I know?). There is a gentleman sitting in the back of the room from the Civil Service Division and he has been taking a lot of notes during Eddie Quintanar’s testimony.
Marlisa Ferreira started out asking why the Atwal’s didn’t trust Scott McFarland? He didn’t recall telling his superiors in CHP about that. In the 10/24 interview with CHP Investigators he did not say anything about Scott McFarland and the mistrust the Atwal’s had. Marlisa Ferreira asked him as a CHP officer did he engage with any StanCat? (an auto theft task force in Stanislaus County) He said he had not had any type of engagement with StanCat. He said he patrolled Hwy 99 in Merced. His beat covered from the Wesley Truck stop down to Madera County, but he never went that far over into I-5, his area was more eastward. When he transferred to the Modesto Office, he did have some contact with StanCat and he’d patrolled Hwy 99 and I-5 in this area. She asked as a CHP officer if CHP officers are assigned to StanCat? Do StanCat people provide training and 2 field officers? He said yeah, they give training. what she is getting at is the tracker information again. She keeps trying to get him to admit he knows something about trackers, as he’s been saying he hasn’t had any training about trackers and doesn’t know anything about them. He said he did have a conversation with a StanCat officer, but he was never given any formal training with trackers. She asked him if he had radio communications in regard to arrests and activities of auto theft suspects? He was never aware of trackers being used on those type of arrests and radio traffic. She asked him if he had used the term used pursuits or assisted in pursuits? Had he never been told not to chase suspects due to trackers? He was not familiar with that. (I thought that was a strange question and she has an agenda. What does this have to do with Baljit and Daljit Athwal or Korey Kauffman?) He saw an officer at the Modesto station (I believe) with a tracker that was in a box. He asked what it was, and the officer told him it was a tracker, but he didn’t go into any specific information about it.
Marlisa Ferreira asked him if there was a fight with Daljit Athwal and Korey Kauffman which ended up in the homicide of Korey Kauffman? Objection! Sidebar. They came back, and she asked him did he ever have a conversation about a fight with Daljit Athwal and Korey Kauffman that ended with the homicide of Korey Kauffman? He said no he didn’t.
She asked if he knew what kind of vehicle that Baljit Athwal drove during that time period? It was a Chevy Pickup. He said he never heard what happened to that pickup and he doesn’t know anything about it. He also said he knew Baljit drove Daljit’s vehicle at times which was a blue BMW. He knew Robin Attenhoffer, which was Robert Woody’s girlfriend at the time, she has since passed away from cancer. He said she never said anything about the pickup or Daljit Athwal or Robert Woody being involved in that. He was not aware that Baljit was not driving the truck. Again, he saw Baljit Athwal driving Daljit’s car once or twice. He didn’t recall seeing Bobby Athwal driving Daljit Athwal’s car in May or March of 2012. She asked him to describe Daljit’s car? He said it was a blue BMW? She asked if it had darkened windows? He said maybe in the back, I’m not sure. She asked him if milk was donated from Pop n Cork to charities? He said he heard something to that effect, but he didn’t know where they were donating the milk. It was getting to the end of the shelf life, so they donated it somewhere for someone to use immediately. He was not aware of any events that had occurred when they were taking milk or returning from delivering milk. She asked if he would ever talk to Daljit Athwal with regards to Frank Carson. He said no, never had a conversation about Frank Carson. She asked if Frank Carson had represented Robert Woody? He said no, he wasn’t aware of that.
After the search warrant with Scott McFarland the Athwals were feeling he was an informant and he’d never talked to Scott McFarland about that. He stopped going to Pop N Cork after the search warrant. As a law enforcement officer, he said they were friends being searched, but that could still get him in trouble as an officer. She asked if he had a conversation with any of the Athwals and talked about their rights on 7/15/12 at 8:27 pm? He requested a transcript to refresh. He said he had a call from Daljit Athwal. Daljit Athwal was making comments like our lawyer Frank Carson piece of s–t, motherf**********, things like that. Eddie Quintanar said he really didn’t know what he was talking about on some of this stuff. Daljit Athwal discussed a reason the officers were there in regard to a missing person. He was talking about Frank Carson, again calling him names. Daljit Athwal was blaming Frank Carson. Daljit Athwal said someone was missing and Eddie Quintanar was asking a few basic questions, like the last time he was seen and stuff like that. There were 2 calls, one on July 12, 2012 and July 15, 2012 and says many of the same things in both calls. Daljit Athwal said he’d been at the police station (sheriff’s office) and Eddie Quintanar told him he should get a lawyer and make sure he maintained his rights, don’t talk unless he has a lawyer, asked if they read him his rights when he was taken in. He said Daljit Athwal really didn’t seem to understand what he was saying. Eddie Quintanar told him he has a right to remain silent if he chooses to. Marlisa Ferreira asked him why were you concerned about Daljit Athwal’s right? Eddie Quintanar says as a law enforcement officer he is concerned about everybody’s rights. He was also a friend. He was just trying to find out what was going on. Marlisa Ferreira said are you the investigator in this case? What were you trying to find out? Why were you trying to find things out? He said he was trying to find out what was going on for a friend. Marlisa Ferreira asked him if he was Daljit’s lawyer? Many objections! The objections were sustained. She asked if he was trying to help Daljit Athwal? He says yes, I was. He was a friend. Marlisa asked about the CHP code of honor. Objections! Sidebar. The jury went out. The jury was in the courtroom from 2:25 PM to 3:06 PM, so about 41 minutes.
The Judge sent them downstairs, because she wanted to see if they could resolve this quickly. Marlisa Ferreira said it is relevant that Eddie Quintanar had information on Daljit Athwal and told no one. His answers are different than his conduct. Eddie Quintanar had inside information and knowledge and he didn’t tell anybody Marlisa Ferreira claims. He never said anything until he was taken into custody in 2015. He never talked about an altercation with Korey Kauffman when Korey Kauffman disappeared and died. She said it goes to credibility. She said Eddie Quintanar is trying to show the jury he is a good guy. She said he is not a good guy. He withheld information from law enforcement.
Judge Zuniga asked Marlisa Ferreira, what is it you want to ask? She wasn’t sure where she was going with this CHP code of honor. Marlisa Ferreira said he was told there was a fight with Korey Kauffman where he ended up being killed and he did not tell anybody. She went to give the Judge a transcript or police report (I’m not exactly sure).
Attorney Hans requested that Judge Zuniga also read the following page that Marlisa Ferreira is requesting to give perspective on what the conversation entailed. The second page was taken up to the Judge. Hans Hjertonsson said Marlisa Ferreira was talking about the conduct of Eddie Quintanar is showing Marlisa Ferreira misconduct. She’s the one who is causing the misconduct right now. Hans said there was a conversation between Eddie Quintanar and Walter Wells that the DA theory that Korey Kauffman was killed after a fight or altercation. Marlisa Ferreira is not giving a truthful, accurate description of what is going on. She’s trying to make it sound like this information came from Athwals, like they had fought with Korey Kauffman and he died. It is not done in a good faith basis and this rolled into Walter Well’s conversation the DA office had a theory that this is what happened. Walter Wells was saying the investigators think this happened. This is gross misconduct and mischaracterization to the court and the jury by Marlisa Ferreira.
Jai Gohel says Marlisa Ferreira casts at Eddie Quintanar like the Atwals were confessing to Eddie Quintanar and that isn’t what happened. It was only a theory conversation with Walter Wells as Marlisa Ferreira is trying to represent. It is misleading and contrary to the facts.
Attorney Hans said there is no good faith basis for that question.
Judge Zuniga again says the questions are not the evidence only the answers.
Marty’s commentary: Marlisa Ferreira will not accept his answers. She demands he say yes/no. She is trying to dictate his answers. She’s not wanting to hear his answers. He will explain, she’ll object, and the Judge will say, please answer yes/no. Many of these questions are not yes/no answers, but that is what Marlisa Ferreira is trying to convey to the jury.
We took a break. We came back.
Marlisa Ferreira said she asked if a conversation with Daljit Athwal. He said no, he was not investigating. She said Eddie Quintanar makes references to what was said. She’s trying to represent this came from Daljit Athwal. He was told not to talk to Walter Wells and they talked for a long time that day about the theory the investigators had. Eddie Quintanar did say that Wells said it was a theory of all the people involved meaning the investigators. Eddie Quintanar talked to his attorney, Alonzo Gradford, alone when the investigators took a break. When the investigators came back in, she said Eddie Quintanar’s story changed (suspiciously-she said). He said the scenario that he was told by Walter Wells and he denied everything. He changed his from Daljit Athwal to Walter Wells talking about the theory. She also said Walter Wells was at Pop N Cork and it was proven by the cell phone evidence. (They cannot prove that anyone was in a particular spot – They are in a damn sector – and she knows that. She is grossly misrepresenting this again!) She says Walter Wells was seen by Robert Woody at the store on their theory night that the body was moved from Pop N Cork to the mountains. Robert Woody has told many stories. Walter Wells denied to Eddie Quintanar that he was involved. Why wouldn’t we believe Walter Wells? Eddie Quintanar put that information out when he talked to the investigators and then said it was a theory and Eddie Quintanar was deceitful at the time and the testimony here in this trial. Eddie Quintanar knows the information from Walter Wells, but told no one. She says it is not misconduct based on information that she is asking the witness. She’s defending herself saying she is not creating misconduct by asking these questions. She says the defense is unprofessional and continually engaging in misconduct, making comments so the jury can hear what is said.
I know Marlisa Ferreira has rabbit ears, she hears everything and can’t ignore anything.
She said the attorney cannot say these things. That in itself is misconduct. She said she listens to it every day and she said these are reasonable questions but has to hear all the gibberish from the attorneys.
The jury was called back up at almost 4:00 and they were released for the day. The jury is not happy and are sick and tired of this. They are coming back tomorrow at 10 AM.
Attorney Hans said Marlisa Ferreira has changed her argument and saying Wells said it was theory and didn’t bring anything up until 2015. It is unclear when these statements were made and regardless it is triple hearsay. The purpose is to make inference that there was a statement of a homicide of Korey Kauffman. Her previous arguments are different than the one she is making now. She is misleading the jury and the court.
Judge Zuniga stated to Marlisa Ferreira that her accusations that the defense is trying to prejudice the jury, this is a good jury and they know what is happening. They are not that gullible when they hear comments from attorneys. The end result is all attorneys can report each other to the state bar when it is all over and hash it out that way. If the Judge thinks that is going on, she has an obligation herself to do something about it. She does not deal with these issues, if it is an issue. She doesn’t deal with these issues. She said she can hear some of the comments made by Jai Gohel along with Kirk Bunch and Percy Martinez. (I don’t believe it for a minute, but that is what she says). Judge Zuniga says she can’t be thin skinned as a judge and lets it bounce off her. She tells Marlisa Ferreira to block it out and quit having rabbit ears (my term). Zuniga said the question of having knowledge and his answer was he said no, he didn’t know. She said it is unclear, she doesn’t really see anything substantial here. Reading the transcript, it does say theory, but again it is not clear.
Marlisa Ferreira did say it was suspicious that the attorney talked to Eddie Quintanar during the break, then made a different comment. But it is not clear in the report, so Marlisa Ferreira can’t impeach him. There is nothing clear there to impeach with. She says under 352 of the evidence code she is finding it is relevant, but could be more prejudicial than relevant. She sustained the defense objections.
We were at the end of the day. A short day. The jury is back at 10 AM tomorrow.
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