7.Garcia Waives Testimony and Rests
46 linesMR. ZANGENEH: Judge, if I could just get a few minutes to consult, we have no other witnesses; and then we need to make a determination as to whether or not my client's going to testify.
JUDGE HANKINSON: well, we just got here five minutes ago.
MR. ZANGENEH: JI understand that, but Mr. Garcia's here --
JUDGE HANKINSON: All right. we will give you 10 minutes.
MR. ZANGENEH: Judge, if there is a place where I can have a private discussion with Mr. Garcia?
JUDGE HANKINSON: You need to discuss that with the bailiffs, and I need to make one comment after the jury's out.
(Jury exits.)
JUDGE HANKINSON: I do just want to put the attorneys on alert that if a defendant decides not to testify, I am going to colloquy that defendant to make sure they understand that that's their decision, and they have a right to testify if they so choose. So I just wanted to give you a heads up so if you're having that discussion. we'll take 10 minutes.
(Court is in recess.)
JUDGE HANKINSON: Be seated, please. How are we proceeding, Mr. Zangeneh?
MR. ZANGENEH: Judge, we're going to be resting.
JUDGE HANKINSON: Okay. So Mr. Garcia does not choose to testify?
MR. ZANGENEH: Correct, Judge. we had a final conversation with Mr. Garcia in the cell behind the courtroom, and we confirmed what our position has been throughout the pendency of the case that he is not going to testify.
JUDGE HANKINSON: All right. Let's place him under oath, Madam Clerk.
(Defendant is sworn.)
JUDGE HANKINSON: All right. State your name, please, sir.
SIGFREDO GARCIA: Sigfredo Garcia.
JUDGE HANKINSON: And, Mr. Garcia, are you currently under the influence of any alcohol, drugs, or medication?
SIGFREDO GARCIA: NO, Your Honor.
JUDGE HANKINSON: I'm not picking on you. I do this in all cases where a defendant chooses not to testify. You have a good lawyer, and you should consider his advice. But, ultimately, he's not the one on trial. Ultimately, you're the one on trial, and only you can decide whether you should testify or not.
Do you understand that?
SIGFREDO GARCIA: Yes, I do.
JUDGE HANKINSON: I hear lots of claims after the fact of -- defendants come back and they say, My lawyer told me I could not testify or somebody pressured me into not testifying.
There are many things that are up to a lawyer to decide that are strategic decisions during the course of the trial, but one of the things the Court's have left to a defendant to decide is whether to testify or not. That's strictly your decision.
Do you understand that?
SIGFREDO GARCIA: JI understand that, sir.
JUDGE HANKINSON: Has anybody told you anything different?
SIGFREDO GARCIA: NO, Sir.
JUDGE HANKINSON: Has anybody tried to pressure you into not testifying?
SIGFREDO GARCIA: NO, Sir.
JUDGE HANKINSON: Do you have any questions about your right to testify?
SIGFREDO GARCIA: No, I do not.
JUDGE HANKINSON: All right. You have a right not to testify; and if you should so decide, I will tell the jury that they should not hold that against you. You also have a right to testify. If you do testify, I will tell the jury that they should consider your testimony just like any other witness.
Do you understand those two things?
SIGFREDO GARCIA: Yes, Your Honor.
JUDGE HANKINSON: Do you have any question about that?
SIGFREDO GARCIA: No, sir.
JUDGE HANKINSON: Do you wish to testify?
SIGFREDO GARCIA: No, I do not.
JUDGE HANKINSON: All right. Thank you, sir.
SIGFREDO GARCIA: You're welcome.
JUDGE HANKINSON: All right. Are you ready with your first witness?
MR. DECOSTE: If I could step outside?
MR. ZANGENEH: Judge, I need to rest in front of the jury, correct?
JUDGE HANKINSON: Yes, you do. All right. So I will say, call your next witness, and you can rest.
MR. ZANGENEH: Yes, Judge. Thank you so much, sir.
JUDGE HANKINSON: All right. Let's have the jury.
(Jury enters.)
JUDGE HANKINSON: All right. Everybody be seated. Mr. Zangeneh, you may call your next witness.
MR. ZANGENEH: At this time the defense rests.