1.Day 1 pre-jury housekeeping — appearances, sequestration, and exhibit logistics
61 linesPROCEEDINGS
JUDGE WHEELER: All right. Good morning to everyone. we are here this morning in the case of the State of Florida v. Katherine Magbanua. It is 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.
Okay. So I have a few things here on my desk that we probably need to address. I know that we do have all the jurors present and accounted for; so we are ready to go in that regard.
And so, Ms. Cappleman, this is a joint stipulation that will be necessary for testimony this morning?
MS. CAPPLEMAN: Is that in regards to the DNA, Your Honor?
JUDGE WHEELER: Yes.
MS. CAPPLEMAN: Yes, sir. I will 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 is no objection from the Defense?
MS. KAWASS: That is correct, Your Honor.
JUDGE WHEELER: Thank you. All right. So just ask the Court at the appropriate time, and we will make sure that that is read to the jury.
MS. DUGAN: Would the Court like me to email the stipulation instruction to Your Honor?
JUDGE WHEELER: well, we are going to need to do that. So if you could -- do you have the ability to print it out right there?
MS. DUGAN: I don't right here, but I can on our first break. I expect the stipulation to be read between witnesses three and four; so we will probably have a break before then.
JUDGE WHEELER: If you could print that instruction out for me, then I will read that at the same time.
MS. DUGAN: Yes, sir.
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: All right. Any discussion about that for any reason?
MR. DECOSTE: Good morning, Your Honor.
JUDGE WHEELER: Good morning.
MR. DECOSTE: No.
JUDGE WHEELER: Okay. Thank you. All right. Great. 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.
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. And has the 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 intending to testify in the case to remain outside the courtroom?
MS. CAPPLEMAN: Yes, sir. I will 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 will take responsibility for doing that as the witnesses arrive.
JUDGE WHEELER: All right. Thank you. And then, also, if there is any Defense witnesses, also we need the same operations that go with that. They will need to remain outside the courtroom and be instructed they can certainly have conversations with the attorneys but not amongst themselves. Okay?
MR. DECOSTE: Your Honor, the only request that we would have is we have one expert witness, John Sawicki. we would like him to potentially sit in and watch the testimony of their expert witness in the same field, Sergeant Chris Corbitt.
JUDGE WHEELER: All right. Do you have any objection to that?
MS. CAPPLEMAN: No, sir, aS long as it goes both ways.
MR. DECOSTE: what's fair is fair.
JUDGE WHEELER: 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: We anticipate that he will at least begin his testimony on Friday, Judge.
JUDGE WHEELER: All right. So Friday -- if you could just advise the Court that he is sitting in so that I know who he is, please.
MR. DECOSTE: will do, Your Honor.
JUDGE WHEELER: Thank you. All right. Exhibits -- Ms. Cappleman, we have those all marked and ready to go?
MS. CAPPLEMAN: Yes, Your Honor. However, the State has not had the 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 with being able to send it over. As I explained to the State, all of our exhibits are coming from their discovery; so there's no surprises in what we are using. we don't know exactly what we are 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 will leave it to them if they have an objection to it.
JUDGE WHEELER: Ms. Cappleman, do you have an objection to that?
MS. CAPPLEMAN: In general, I do, Judge. TI 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 are going to be using -- I know that there are 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 will admit them at that time.
MR. DECOSTE: will do. I have my stack of evidence that goes to the innocence of Ms. Magbanua, and at lunch I will go over it with the government.
JUDGE WHEELER: All right. Thank you. 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. So with either side, there will be no double-teaming. There will be one attorney that is responsible for the objections and the questioning for that particular witness.
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 on this.
JUDGE WHEELER: MS. Kawass?
MS. KAWASS: No, Your Honor.
JUDGE WHEELER: All right. Thank you.
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, and then 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 will be handling opening, Your Honor.
JUDGE WHEELER: Thank you, Ms. Kawass.
MS. KAWASS: Thank you, Your Honor.
JUDGE WHEELER: All right. Anything else before we bring the jury in? we are all good?
MS. CAPPLEMAN: Nothing else from the State.
JUDGE WHEELER: Okay.
MS. KAWASS: Nothing from the Defense at this moment.
JUDGE WHEELER: All right. Thank you. Deputy, we are ready for the jury, please.
Madam Clerk, when the jury comes in, I'm going to ask that they please remain standing. And if you could, please swear them in.
COURT CLERK: Yes, sir.
JUDGE WHEELER: Thank you.