Day 5 - October 3, 2019
The court settled key jury-instruction issues as relationship, dental-office, and phone-record testimony continued.
Full day summary
7:26:011. June Umchinda — Direct/Cross/Redirect
The court addressed opening-statement limits and jury instructions before the jury entered, then June Umchinda testified about Charlie Adelson, her 2018 interview with law enforcement, and her limited knowledge of Katherine Magbanua.
Highlights
Evidentiary Rulings and Jury-Instruction ConferencerulingOver both defense objections, the court ruled that the jury would receive second-degree-murder and manslaughter lesser-included-offense instructions.Evidentiary Rulings and Jury-Instruction Conference“there are many cases where I'd love not to give any lesser includeds, but I think the law is pretty clear that Category 1 lesser includeds, either party or any party can request and the Court is obligated to give them.”— James C. HankinsonThe court explained its ruling to give the requested lesser-included-offense instructions despite the defense objections.
5. Christopher Corbitt — Direct/Cross (Recall 1)
Christopher Corbitt's phone-record testimony continued, followed by cross-examination on the limits of the location evidence and related court rulings.
Highlights
Christopher Corbitt - Direct (Recall, Part 2)testimony highlightCorbitt testified that the Prius arrived near Premier Health & Fitness around 9:16 a.m. on July 18 and departed immediately after Markel left at 10:38 a.m.; he said Garcia's and Rivera's handsets were consistent with the cell sites serving Premier at that time.Christopher Corbitt - Cross“That's correct. And in all of these, I'm only providing a general location or a general area that may be serviced by that cell site.”— Christopher CorbittCorbitt expressly limited what his cell-site analysis could establish.iCloud Evidence, Sequestration, and Wiretap RulingsrulingAfter recalling Corbitt to clarify his use of iCloud records, the court overruled the State's objection and allowed the defense to use other portions of the same records.