1.Mistrial Denial and Pretestimony Directives
32 linesTHE COURT: Let's wait for the Defendant.
(Pause in proceedings.)
THE COURT: Appearances.
MS. PENZA: Moira Penza, Tanya Hajjar, and Mark Lesko for the United States. Good morning, your Honor.
Also at counsel table is Special Agent Michael Wenniger with the FBI and paralegal specialist Teri Carby.
THE COURT: Good morning.
MR. AGNIFILO: Good morning, your Honor. Marc Agnifilo, Teny Geragos, Paul DerOhannesian, Danielle Smith, and Keith Raniere, all at defense table.
THE COURT: Good morning. You all may be seated. A few things before we get to the next witness.
I received this morning a motion for a mistrial. The motion is denied.
Also, I noticed more and more yesterday that there's conversation going on at defense counsel's table between the Defendant and one of his attorney. I find it distracting. It's during witness testimony. I overheard a comment from the Defendant while the witness was testifying. I think it's a distraction for the jury.
If there's to be communication at counsel's table during testimony, simply write a note, all right? That way, there won't be any issue. I just want to avoid any problem that might occur. During testimony, I'm saying; otherwise, you're free to talk all you want.
MR. AGNIFILO: Understood.
THE COURT: Also, the next witness is going to be known by only her first name; is that right?
MS. PENZA: That's right, your Honor.
THE COURT: And I'm instructing any sketch artists in the room that they are not to sketch the face of the witness.
MS. PENZA: Your Honor, we may also be introducing -- I expect we will introduce a photo of her sister, who should also not be sketched, your Honor.
THE COURT: All right. I just wanted to share that with the sketch artists who are here, and I know they will follow the instruction.
Also, yesterday, there was some discussion with the witness about the validity of a plea proceeding before me and whether the witness had been disingenuous or lying to the Court during that proceeding. The jury knew that the proceeding was in front of me. It implicated the validity of the proceeding.
If there's going to be any discussion of court proceedings in which I am involved, I want an offer of proof provided to me beforehand so that we can determine whether this is something that is appropriately put in front of this jury.
So, this is just a warning about that kind of questioning. I'm not saying the questioning can't go forward, I just don't want to be at the surprised end of that kind of inquiry where the issue is something that happened in my court where I took a guilty plea and the person was under oath before me and I accepted the guilty plea. So, just bear that in mind.
Do you understand?
MR. AGNIFILO: I do. I can only think of it happening possibly with one other witness.
THE COURT: I understand that. I'm just pointing it out.
MR. AGNIFILO: I know.
THE COURT: I didn't tell you before this, so I'm telling you now. Now that it's come up, I just want you to understand that so there's no misunderstanding.
MR. AGNIFILO: Understood.
THE COURT: All right. Now we need a sidebar on two issues that we need to resolve at sidebar.
(Continued on the following page.)
(Continued on the following page.)
(Sidebar ends; in open court.)
THE COURT: Anything else before we proceed?
MS. PENZA: Not from the Government, your Honor.
THE COURT: Mr. Agnifilo, anything else.
MR. AGNIFILO: No, thank you.
THE COURT: Let's bring in the jury, please.
Do you expect the testimony of this witness will take all day?
MS. PENZA: Absolutely, your Honor. Probably well into Tuesday.
(Jury enters.)
THE COURT: Please be seated.
Good morning, members of the jury.
(A chorus of good mornings.)
THE COURT: We will now continue with the next witness. You may call your witness.