Day 1 pre-jury housekeeping — appearances, sequestration, and exhibit logistics
65 linesJUDGE WHEELER: Good morning. Please be seated.
JUDGE WHEELER: All right. Good morning to everyone. We are here this morning in the case of the State of Florida versus Katherine Magbanua. It's 2016 CF 3036 and 2018 CF 497. And Ms. Magbanua is present along with her counsel, Mr. DeCoste and Ms. Kawass, and Ms. Cappleman and Ms. Dugan on behalf of the State.
JUDGE WHEELER: Okay. So I have a few things here on my desk we probably need to address. I know that we do have all the jurors present and accounted for, so we're ready to go in that regard. And a joint stipulation that will be necessary for testimony this morning — is that regards to the DNA?
MS. CAPPLEMAN: Yes, Your Honor. Yes, sir. I'll ask that that be read during the appropriate time during Joanne Maltese's testimony.
JUDGE WHEELER: All right. And just for the record, Ms. Kawass, you've signed this, so there's no objection from the defense?
MS. KAWASS: That is correct, Your Honor. Thank you.
JUDGE WHEELER: All right. So just ask the court at the appropriate time, and we'll make sure that that is read to the jury.
MS. CAPPLEMAN: Would the court like me to email the stipulation instruction to Your Honor?
JUDGE WHEELER: Well, we're going to need to do that. So if you could — do you have the ability to print it out right there?
MS. CAPPLEMAN: I don't have it here, but I can on our first break. I expect the stipulation to be read between Witnesses 3 and 4, so I will probably have a break before then.
JUDGE WHEELER: Okay, if you could print that instruction out for me, then I'll read it at the same time.
JUDGE WHEELER: All right. And we have the witness list. This, Ms. Cappleman, has been provided to the defense also?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE WHEELER: Okay, and any discussion about that for any reason?
MR. DECOSTE: Good morning, Your Honor. No.
JUDGE WHEELER: Good morning. Okay, thank you.
JUDGE WHEELER: All right, great.
JUDGE WHEELER: Okay. Let's see. Do we have — I can't see over there — but yes, we have pads and pens that have been provided for the jurors. And so that's all taken care of.
JUDGE WHEELER: Mr. DeCoste, during my initial instructions to the jury, I remind them of the defendant's right to remain silent. Do you have any objection to that?
MR. DECOSTE: No objection.
JUDGE WHEELER: All right. Thank you.
JUDGE WHEELER: And has a rule been invoked?
MR. DECOSTE: We will now, Your Honor.
JUDGE WHEELER: Okay. And so, Ms. Cappleman, have you advised all your witnesses that are intended to testify in the case to remain outside the courtroom?
MS. CAPPLEMAN: Yes, sir. I'll take responsibility for doing that as we go along as well.
JUDGE WHEELER: All right. And have you instructed them not to have any conversation amongst themselves about anything that they are going to testify to or anything about the case?
MS. CAPPLEMAN: Yes, sir. I'll take responsibility for doing that as the witnesses arrive.
JUDGE WHEELER: All right, thank you. Okay. And then also, if there's any defense witnesses also, we need the same operations that go with that. They'll need to remain outside the courtroom and be instructed. They can certainly have conversations with the attorneys but not amongst themselves.
MR. DECOSTE: Okay. The only request that we would have is we have one expert witness, John Cewecki, so we would like him to potentially sit in and watch the testimony of their expert witness in the same field.
JUDGE WHEELER: All right. Do you have any objection to that?
MS. CAPPLEMAN: No, sir. As long as it goes both ways.
JUDGE WHEELER: So, okay, so the expert witness — do we know, Ms. Cappleman, when will that witness be testifying, so I'm not surprised if we have somebody in the courtroom? Anticipate approximately?
MS. CAPPLEMAN: Friday.
JUDGE WHEELER: Okay. All right, so Friday — if you could just advise the court that he is sitting in so that I know who he is, please.
MS. CAPPLEMAN: Will do, Your Honor.
JUDGE WHEELER: All right, thank you.
JUDGE WHEELER: All right, exhibits.
JUDGE WHEELER: Ms. Cappleman, we have those all marked and ready to go?
MS. CAPPLEMAN: Yes, Your Honor. However, the State has not had an opportunity to view the defense exhibits yet, so we would ask that before those are proffered or used that we have an opportunity to do that. Perhaps at lunch today might be a good time.
JUDGE WHEELER: All right, Mr. DeCoste.
MR. DECOSTE: Your Honor, that's completely fine. We did discuss it. We were having Internet issues and being able to send it over.
MR. DECOSTE: As I explained to the State, all of our exhibits are coming from their discovery, so there's no surprises in what we're using. We don't know exactly what we're going to use yet — it's contingent upon what they do. This leads me to one other question. I think the government would have an objection — they did the last time — which is us entering in exhibits during their case-in-chief. It moves things a lot faster than us having to recall witnesses in our case-in-chief, but I'll leave it to them if they have an objection to it.
JUDGE WHEELER: Ms. Cappleman, do you have an objection to that in general?
MS. CAPPLEMAN: I do, Judge. I might make an exception, so I just need to see what the item is and who the witness is. So my preference on that would be to object as I see fit as we go along.
JUDGE WHEELER: All right. So any exhibits that you anticipate that you're going to be using — I know that there's some that you might not eventually use — but let's make sure that the State is able to see those. If we need to do that at lunch, and then, as you anticipate with any individual witnesses, if you can check with the State first, and if there's not a problem, then we'll admit them at that time.
MR. DECOSTE: Will do. I have my stack of evidence that goes to the innocence of Ms. Magbanua.
JUDGE WHEELER: All right. Okay, thank you. All right, just a reminder about the questioning of the witness — that any witness that is on the stand, the attorney that's responsible for that witness in regards to questioning will be the one making any objections.
JUDGE WHEELER: So with either side, there'll be no double-teaming. There'll be one attorney that is responsible for the objections and the questioning for that particular witness.
JUDGE WHEELER: Mr. DeCoste, do you intend to concede any guilt to any of the criminal charges before the jury?
MR. DECOSTE: Your Honor, I'm going to defer to equal co-counsel, Ms. Kawass.
JUDGE WHEELER: Ms. Kawass?
MS. KAWASS: No, Your Honor.
JUDGE WHEELER: All right, thank you.
JUDGE WHEELER: All right, any other issues that we need to address at this time? Ms. Cappleman?
MS. CAPPLEMAN: I just wanted to let Your Honor know that Ms. Dugan will handle opening for the State this morning.
JUDGE WHEELER: Okay.
MS. CAPPLEMAN: And I'm going to handle the witnesses this morning.
JUDGE WHEELER: All right, thank you. And then for the defense, who will be handling opening?
MS. KAWASS: I'll be handling opening, Your Honor.
JUDGE WHEELER: All right, thank you, Ms. Kawass.
MS. KAWASS: Thank you, Your Honor.
JUDGE WHEELER: All right. Anything else before we bring the jury in? We're all good?
JUDGE WHEELER: Okay. Thank you. Okay, Deputy, we're ready for the jury, please. Madam Clerk, when the jury comes in I'm going to ask that they please remain standing. If you could swear them in.
JUDGE WHEELER: Madam court reporter, if you need anything from me, you just make sure you let me know. Okay.
JUDGE WHEELER: All right. Thank you, everyone.