4.Defendant Decision to Testify
69 linesJUDGE EVERETT: If attorneys can approach.
AT THE BENCH
JUDGE EVERETT: Are there any more witnesses or has the hour arrived?
MR. RASHBAUM: There are more witnesses.
JUDGE EVERETT: Okay. How many more for today?
MR. RASHBAUM: well, our client is going to testify, I believe, if that's what you're asking me.
JUDGE EVERETT: Yes. Do you want to do this now then with the colloquy, outside the presence of the jury?
MR. RASHBAUM: Yes, Your Honor.
JUDGE EVERETT: All right, then.
IN OPEN COURT
JUDGE EVERETT: Members of the jury, the bailiff will escort you back to the jury room and then we'll resume with the defense's case.
(Jury excused from the courtroom at 4:15 p.m.)
JUDGE EVERETT: Everyone but the Defendant can be seated at this time.
Mr. Adelson, please raise your right hand, sir.
(Defendant sworn.)
JUDGE EVERETT: You can lower your hand.
Mr. Adelson, do you understand that you have the ability to testify on your own behalf?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: Do you also understand that if you choose not to testify, your silence cannot be held against you?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: Have you had an adequate opportunity to discuss with your counsel whether you wish to testify?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: Have you also been able to discuss with your counsel how this decision would fit into your theory of defense and also the strategy that you wish to present before the jury?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: Have you made a decision concerning whether you wish to testify?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: what is that decision?
CHARLIE ADELSON: JI will testify.
JUDGE EVERETT: Are you firm in this decision?
CHARLIE ADELSON: Yes.
JUDGE EVERETT: Do you need any additional time to discuss with your attorneys whether you wish to remain silent?
CHARLIE ADELSON: No, Your Honor.
JUDGE EVERETT: Do you understand in testifying you will be cross-examined by one of the prosecutors?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: Do you also understand as well that your credibility will be placed before the jury as it relates to the testimony that will come out?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: Do you have any questions concerning that particular issue that you wish to discuss with counsel or raise before the Court?
CHARLIE ADELSON: NO, Your Honor.
JUDGE EVERETT: Mr. Rashbaum, do you wish there to be any further inquiry concerning this matter?
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: You may be seated.
MS. CAPPLEMAN: Your Honor, may I be heard? It's the State's request that we either go late tonight -- plan to go late tonight or begin this examination tomorrow so that the examination of the witness can be --
JUDGE EVERETT: Unfettered?
MS. CAPPLEMAN: Yes, sir.
JUDGE EVERETT: Mr. Rashbaum?
MR. RASHBAUM: May we approach, Your Honor.
JUDGE EVERETT: You may.
AT THE BENCH
MR. RASHBAUM: I think it -- I'm going to leave it up to you, obviously, but I think the examination is going to be lengthy.
JUDGE EVERETT: Your direct you mean?
MR. RASHBAUM: Correct. I think it makes sense, from a perspective of the jury understanding it, to start tomorrow. But I think the examination could go more than one day. I just want to be clear, so... And it could go well -- I think it could be more than -- if we start it today, it could go more than tomorrow as well.
JUDGE EVERETT: So if we start tomorrow you have eight hours of direct testimony?
MR. RASHBAUM: The short answer is -- the short answer is I don't know. TI plan on playing almost every wire -- not Dolce Vita, we'll do that in a different way -- but I plan on playing almost every wire and some others.
JUDGE EVERETT: To give him an opportunity to rebut.
MR. RASHBAUM: Correct. So I just don't want the Court to be caught off guard by what we're doing. I do think it makes sense to start tomorrow but I want to -- I don't want to also -- we can go late tomorrow but I don't want to then be in a situation where tomorrow I'm still going into Friday.
JUDGE EVERETT: Ms. Cappleman.
MS. CAPPLEMAN: I think we'll have to cross that bridge when we come to it, Judge, but I'd like to try to complete the examination in one piece, if possible.
JUDGE EVERETT: we'll send them home for the night then. That will give you an additional opportunity to speak with your client to prep him. Given the stakes, it's only fair that he come up to the stand completely ready.
MR. RASHBAUM: And we're ahead of schedule anyway.
MS. CAPPLEMAN: Ish. It's our Dugan day is what we're calling it.
(Laughter. )
JUDGE EVERETT: No comment.
MR. RASHBAUM: No comment here either.
IN OPEN COURT
JUDGE EVERETT: All right. Please bring in the jurors. In case your client changes his mind, I will not advise the jurors that he's taking the stand. But we'll just let them know they're going home early for the evening.
(Jury returned to the courtroom at 4:22 p.m.)
JUDGE EVERETT: Everyone can be seated.
Members of the jury, after consulting with the attorneys, we are actually going to end a little bit early this evening. So you'll get to go home in just a few minutes.
Once again, I'm going to give you the same instruction. Don't discuss the case with each other or anyone else. Don't seek out any media coverage. Don't read anything or watch anything concerning this case. We will resume with the defense's case tomorrow morning. Please report at 8:30 and we will try to get started at the normal time of 8:45. Enjoy your early night off.
JUROR: Thank you.
(Jury excused at 4:22 p.m.)
JUDGE EVERETT: All right. Everyone can be seated.
Do the parties have anything additional to raise before we go into recess for the evening?
MS. CAPPLEMAN: Nothing from the State.
JUDGE EVERETT: All right. Mr. Rashbaum, if anything changes as far as the expected witness lineup, please e-mail Ms. Cappleman and my assistant. This will probably go a long way towards getting to the finish line.
MR. RASHBAUM: I understand, Your Honor.
JUDGE EVERETT: All right. we're in recess. Have a good night, everyone.
(Court adjourned at 4:25 p.m.)