Name: Garcia Waives Testimony and Rests - Day 8 - Garcia–Magbanua
Uploaded: 2019-10-08
Description: Garcia waived his right to testify after a formal colloquy with Judge Hankinson outside the jury's presence, then the Garcia defense rested without presenting defendant testimony.

Garcia waived his right to testify after a formal colloquy with Judge Hankinson outside the jury's presence, then the Garcia defense rested without presenting defendant testimony.

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Procedural Proc. Garcia Waives Testimony and Rests

1 2:18:31

JUDGE HANKINSON: Well, we just got here. Five minutes.

2 2:18:32

MR. ZANGENEH: I understand that, but Mr. Garcia's here.

3 2:18:36

JUDGE HANKINSON: All right. We'll give you ten minutes.

4 2:18:40

JUDGE HANKINSON: You need to discuss that with the bailiffs.

5 2:19:08

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 the defendant to make sure they understand that that's their decision and they have a right to testify if they so choose. So just wanted to give you a heads up. So if you're having that discussion, we'll take ten minutes.

6 2:30:42

JUDGE HANKINSON: Mr. Garcia, are you currently under the influence of any alcohol, drugs, or medication?

7 2:30:42

SIGFREDO GARCIA: No, Your Honor.

8 2:30:47

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?

9 2:30:47

SIGFREDO GARCIA: Yes, I do.

10 2:31:11

JUDGE HANKINSON: I hear lots of claims after the fact that 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 courts have left to a defendant to decide is whether to testify or not. That's strictly your decision. Do you understand that?

11 2:31:47

SIGFREDO GARCIA: I understand that.

12 2:31:48

JUDGE HANKINSON: Has anybody told you anything different?

13 2:31:50

SIGFREDO GARCIA: No, sir.

14 2:31:51

JUDGE HANKINSON: Has anybody tried to pressure you into not testifying?

15 2:31:51

SIGFREDO GARCIA: No, sir.

16 2:31:56

JUDGE HANKINSON: Do you have any questions about your right to testify?

17 2:32:02

SIGFREDO GARCIA: No, I don't.

18 2:32:03

JUDGE HANKINSON: 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'll tell the jury that they should consider your testimony just like any other witness. Do you understand those two things?

19 2:32:24

SIGFREDO GARCIA: Yes, sir.

20 2:32:24

JUDGE HANKINSON: Do you have any question about that?

21 2:32:24

SIGFREDO GARCIA: No, sir.

22 2:32:24

JUDGE HANKINSON: Do you wish to testify?

23 2:32:28

SIGFREDO GARCIA: No, I do not.

24 2:32:28

JUDGE HANKINSON: All right. Thank you, sir. You're ready with your first witness?

25 2:32:28

MR. DECOSTE: If I could step outside.

26 2:32:43

JUDGE HANKINSON: So I'll say call your next witness and you can press for this.

27 2:32:55

JUDGE HANKINSON: Let's have the jury.

28 2:33:04

BAILIFF: All rise for the jury.

29 2:33:25

JUDGE HANKINSON: All right, everybody. Good to see you. Mr. Zangeneh, you may call your next witness.

30 2:33:29

MR. ZANGENEH: Judge, the defense rests. All right.

Insights

Proc. Garcia Waives Testimony and Rests

Judge Hankinson conducted an on-record colloquy with Garcia, who said he understood his rights, had not been pressured, and did not wish to testify; Zangeneh then rested the Garcia defense.

Case Significance

Garcia stated on the record that he understood the choice, was not impaired or pressured, and did not wish to testify. The Garcia defense then rested. The colloquy documents his answers; it does not itself foreclose every later claim.

Garcia formally and voluntarily waived his right to testify under structured judicial inquiry
Garcia's defense rested immediately after, ending the Garcia case-in-chief without defendant testimony
The colloquy created a contemporaneous record addressing whether counsel or anyone else prevented or pressured Garcia from testifying

Highlights

Procedural

Judge Hankinson conducted a structured defendant colloquy confirming Garcia's voluntary and informed waiver of his right to testify: Garcia confirmed he was not impaired, had not been pressured, understood the decision was his alone, and declined to testify.

“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?”

— James C. HankinsonThe judge explained that the decision belonged to Garcia and then asked directly about advice, pressure, and understanding. The exchange created a contemporaneous record of Garcia's answers.

“No, I do not.”

— Sigfredo GarciaGarcia's formal on-record waiver of his right to testify in his own defense in a first-degree murder trial.Procedural

With the jury seated, Zangeneh announced the Garcia defense rested, closing the Garcia case-in-chief without defendant testimony.

People Mentioned

Sigfredo Garcia

Deep Analysis

Procedural Action

Garcia testify-waiver colloquy

Judge Hankinson placed Garcia's waiver on the record through a structured inquiry covering impairment, understanding of the right, absence of coercion, and voluntary election not to testify.

Garcia defense rests

Zangeneh announced the Garcia defense had rested before the jury, closing the Garcia case-in-chief.

Summary

Outside the jury's presence, Judge Hankinson conducted a formal colloquy confirming that Garcia was not under the influence of any substance, understood that the decision to testify or remain silent was his alone, had not been pressured by anyone, and had no questions about either right. Garcia stated he did not wish to testify. The judge advised him that if he chose not to testify the jury would be instructed not to hold that against him, and if he did testify his testimony would be weighed the same as any other witness. With the colloquy complete, the jury returned and defense counsel Zangeneh immediately announced that the Garcia defense rested, closing the Garcia case-in-chief without defendant testimony.

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