Mr. Britt (09:09):
Come to order.
Speaker 2 (09:09):
We got the verdict.
Judge (09:09):
Yeah, I know. Just wanted to make sure it's still sealed. All right, we're back on the record. Is there anything that we need to discuss on behalf of the defense?
Speaker 3 (09:21):
No, sir.
Judge (09:21):
Behalf of the State?
Speaker 1 (09:22):
No, Your Honor.
Judge (09:22):
All right, let's bring our jury back in.
Mr. Britt (09:23):
Bring in the jury. Jury's seated, your honor.
Judge (10:07):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom.
(10:10)
Members of the jury, you are now excused to continue your deliberations. Mr. Bailiff, I'm handing you the verdict forms.
Bailiff (10:18):
Thank you, Your Honor.
Judge (10:21):
Thank you.
Bailiff (10:21):
Okay, Jurors 1 through 12, when ready, front rows and back, this way, please.
Judge (10:25):
Our alternates, remember those restrictions that I placed upon you, they continue to remain in full force and effect. Make sure that nobody is discussing the case in your presence while you're away from the courtroom, and you're not discussing it amongst yourselves. You are excused.
Bailiff (11:12):
All the jurors left the court, Your Honor.
Judge (11:14):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. We will be at ease until such time as the jury returns with a verdict or 12:25 for lunch.
Mr. Britt (11:26):
The Court will be at ease.
Speaker 4 (34:00):
(silence)
Speaker 5 (01:08:00):
(silence)
Mr. Bailiff (01:08:00):
... may be seated [inaudible 02:02:47] come back in session.
Judge (02:02:56):
We're back on the record. The jury has two requests. The first is a note that I will address in a little bit. The second is that they would like to take a break. So we're going to bring the jury in and allow them a 15-minute break, which according to the deputy allows them to go out into the parking lot, smoke if they need to. And I think that we'll give the alternates that same privilege if they want it. Anything we need to discuss on behalf of the state?
Speaker 6 (02:03:30):
No, Your Honor.
Judge (02:03:31):
This defense?
Speaker 8 (02:03:32):
No, sir.
Judge (02:03:33):
Okay. Let's bring our jury in, including the alternates.
Mr. Foreperson (02:03:37):
Including the alternates. Bring in the jurors. Jury seated.
Judge (02:05:01):
Thank you, sir. Let the record reflect that the jury has reentered the courtroom. Mr. Foreperson, do you have the verdict forms in the envelope with you there?
Speaker 6 (02:05:13):
I do.
Judge (02:05:15):
Okay. And those are placed inside of the envelope, correct?
Speaker 6 (02:05:15):
Everything is inside the envelope, yes sir.
Judge (02:05:15):
Perfect. If you can hand those to the bailiff, please. Thank you, sir. All right, members of the jury have requested a 15 minute break, so I'll allow you to do that. Just remember not to talk about this case amongst yourselves. Do not discuss this case with anybody else or allow anybody else to discuss this case in your presence. Do not conduct any independent investigation and don't post online on any social media sites. And as far as our alternates, I'll allow you the same privilege as far as a 15-minute break if you would like one. Just make sure that you're not discussing this case with each other. Okay? Sir, you'll be excused for 15 minutes.
Mr. Bailiff (02:06:09):
Thank you, Your Honor. Make sure your notebooks are closed [inaudible 02:06:09] the very front row, back this way, please.
Judge (02:06:09):
Mr. Bailiff?
Mr. Bailiff (02:06:09):
Yes, Your Honor.
Judge (02:06:12):
Do not have them line up after 15 minutes. Depending on how long this takes to discuss, we will let you know when we are ready to have them line up. Okay?
Mr. Bailiff (02:06:20):
Yes, Your Honor.
Judge (02:06:21):
All right. Thank you.
Mr. Bailiff (02:06:21):
Yes, sir.
Judge (02:06:24):
[inaudible 02:06:23] that's fine. As long as they don't go into the jury room.
Speaker 9 (02:06:55):
Jury's left the courtroom, Your Honor.
Judge (02:06:56):
Thank you, sir. Let the record reflect that all the jury members have left the courtroom. I should have been writing this down. Madam Clerk, what number am I on with court exhibits?
Madam Clerk (02:07:25):
Three. So you'll be on four.
Judge (02:07:27):
We'll be on four.
Madam Clerk (02:07:28):
Yes.
Judge (02:07:28):
Thank you. Written request looks like to view certain portions of evidence. And I'll try and read this in as coherent a way as possible and verbatim. It says, "We need photos of Paitin's neck and the earbuds that have already been touched by the defendant's attorney, and so now they are contaminated and a box of gloves in our room. Item number 10, Exhibit 43. State Exhibit 93, photos, 83, 84, enhanced. We also want to see the DNA lab results in our room, all of them, Exhibit 109. We need the internet searches that were used, Exhibit 118 and 119. We need these items to discuss them in private. Please get these so we discuss them in private." That will be Exhibit 4, court's Exhibit 4.
Speaker 8 (02:08:54):
Your Honor, what were those Exhibit numbers regarding the photographs?
Judge (02:09:04):
The Exhibit numbers that are written down, Exhibit 43, item number 10, state Exhibit 93, photos 83 and 84 enhanced.
Speaker 8 (02:09:24):
Thank you.
Judge (02:09:30):
All right. Let's start with Exhibit 43.
Speaker 6 (02:09:32):
Judge, 43 is listed as red earbuds.
Judge (02:09:37):
So that's the earbuds themselves?
Speaker 6 (02:09:47):
Yes, Your Honor.
Madam Clerk (02:09:47):
Do you want me to give [inaudible 02:09:51]?
Speaker 6 (02:09:57):
[inaudible 02:09:50] so we know they're in front of us. All right. 43, Judge.
Judge (02:09:59):
And then 93, that's a disc.
Speaker 7 (02:10:00):
93.
Speaker 6 (02:10:20):
Judge, 93 is a disc labeled photos. I believe those are Eric Kelly's enhanced photos, Judge.
Judge (02:10:31):
All right. Thank you. And then-
Speaker 7 (02:10:36):
Judge, I think when they said 83 and 84, that was the number of the enhanced photos we published.
Speaker 6 (02:10:43):
That is correct.
Judge (02:10:44):
That was going to be my question because 83 and 84 are the evaluation summaries.
Speaker 6 (02:10:49):
Correct, Judge.
Judge (02:10:54):
Okay. All right. Exhibit 109.
Speaker 7 (02:10:56):
Did they say that was lab results?
Judge (02:11:02):
They said that that was lab results, but that doesn't show with my 109.
Speaker 6 (02:11:07):
Judge, 109 are lab results for eight, nine, 10, 11, 12.
Speaker 7 (02:11:12):
It's a digital copy.
Speaker 6 (02:11:13):
That's a digital copy of them. Eight, nine, 10, 11, 12. Those are Shane Wilcox's lab results.
Judge (02:11:22):
Okay.
Speaker 7 (02:11:23):
Judge, we could potentially clarify if they just want the summary reports and print it out.
Speaker 6 (02:11:29):
And we have those printed out and in a binder.
Judge (02:11:34):
I think that we'll go ahead and give them the summary reports. Which exhibits are those?
Speaker 6 (02:11:39):
Judge, those are-
Judge (02:11:40):
106 and 107.
Speaker 7 (02:11:49):
110, 111, 112, 113, and 114 are the labs eight through 12 the paper copies.
Speaker 6 (02:11:58):
But if we start at the very beginning, Judge, That's 97 is Choudhury's report. I'll pull that out. 103 is Choudhury's second report. 106, Kristin Meyer's first report. 107, Kristin Meyer's second report. 110, Shane Wilcox's first report. 111, Shane Wilcox's second report. 112, Shane Wilcox's third report. 113, his fourth report. 114, his fifth report. 116, Sanney's report. 123, Melinda Wilson's first report. 125, Melinda Wilson's second report. Those will conclude all the...
Speaker 7 (02:13:26):
[inaudible 02:13:31].
Speaker 6 (02:13:30):
Those conclude all the reports, Your Honor.
Judge (02:13:32):
Okay. Thank you.
Speaker 6 (02:13:33):
Those are the paper summaries, Judge.
Judge (02:13:36):
Thank you.
Speaker 6 (02:13:57):
What's next, Judge?
Judge (02:14:01):
The internet searches they have labeled as 118 and 119. There's a little Google records, Haley Fawcett and Lisa Flowers.
Speaker 6 (02:14:14):
So 118 is Haley Fawcett's, 119 are everybody else's.
Judge (02:14:19):
Those are CDs?
Speaker 6 (02:14:21):
CD and a flash drive.
Judge (02:14:23):
Thank you.
Speaker 7 (02:14:31):
And none of those were published.
Speaker 6 (02:14:32):
And none of those were published, Judge.
Speaker 7 (02:14:32):
[inaudible 02:14:34] testified to.
Judge (02:14:32):
Correct.
Speaker 6 (02:14:56):
What else, Judge?
Judge (02:14:58):
So that would be it.
Speaker 6 (02:14:59):
Okay.
Judge (02:15:00):
So Exhibit 43 are the earbuds, the physical earbuds. And then state's Exhibit 93 contains the enhanced photos, and those photos were labeled 83 and 84.
Speaker 6 (02:15:13):
Well, there's 83, 84 and 2664, Judge. There were three enhanced photos. If you'd like us to show them to you, we can.
Judge (02:15:22):
They specifically have 83 and 84 enhanced. So let's pull those up.
Speaker 7 (02:15:36):
You said 118 and 119.
Speaker 6 (02:15:50):
We published some from the lab reports, including pictures. I think we need to clarify. The lab summaries don't show pictures. The digitals do show pictures, Judge.
Judge (02:15:59):
Right.
Judge (02:16:00):
Right.
Speaker 10 (02:16:22):
And then...
Speaker 11 (02:16:28):
Where's the other one?
Speaker 10 (02:16:35):
How did they list... They said photos of Peyton Field's neck. Did they...
Judge (02:16:44):
I think that the State's Exhibit 93 photos, 83 and 84 are the ones that they're requesting. It's the exhibits next to that question are in a column right next to it.
Speaker 11 (02:17:07):
Judge, I'm publishing 83 off of State's 93.
Judge (02:17:17):
Hold on. Before you keep going, let me amend that. Maybe that isn't quite as clear because there is another portion above. We need photos of Peyton's neck, ER and enhanced.
Speaker 10 (02:17:34):
So that would be... All right. Judge, as you remember, we have same photographs... I believe that there's some of her neck were the same photographs. Some were in Leatherwood's.
Speaker 11 (02:17:57):
Nine would be... State's Exhibit Nine would be photos of her neck that we put in through Dr. [inaudible 02:18:01] from the hospital. That would be all the neck photos from the same report.
Judge (02:18:03):
Correct.
Speaker 10 (02:18:08):
Then we have...
Speaker 11 (02:18:09):
They're the same ones.
Speaker 10 (02:18:09):
Then Leatherwood's.
Speaker 11 (02:18:09):
The one through... 31?
Speaker 10 (02:18:27):
State Exhibit 31. Leatherwood hospital photos.
Speaker 11 (02:18:31):
And we did some through here. Leatherwood Hospital photos will be State's 31 and State's 121.
Judge (02:18:56):
121 was just the blanket of Peyton in the hospital bed, correct?
Speaker 10 (02:19:03):
Correct.
Speaker 11 (02:19:05):
I think so.
Speaker 10 (02:19:05):
That was with the blanket. Is that what it says?
Speaker 11 (02:19:07):
I have Leatherwood's final photos.
Speaker 10 (02:19:11):
That's only in the bed. It doesn't show.
Speaker 11 (02:19:13):
Okay. Then it'd just be the other one.
Judge (02:19:21):
31?
Speaker 10 (02:19:21):
31 and nine. Nine and 31, Judge. So it goes... That doesn't count the autopsy photographs.
Judge (02:19:28):
Correct.
Speaker 10 (02:19:35):
And then we still have the enhanced 93, Judge.
Judge (02:19:40):
All right. Let me make sure these photos are not on the broadcast, correct? Okay. Thank you. All right. And the other one?
Speaker 10 (02:19:51):
84, Judge.
Mr. Britt (02:19:57):
What is 84?
Speaker 10 (02:19:59):
Same enhanced of that one right here. Enhanced of 84.
Speaker 11 (02:20:02):
Okay. And there's one more on here, that's the 6624
Speaker 10 (02:20:07):
The 6624 from the autopsy.
Speaker 11 (02:20:11):
I think they just requested 83 and 84.
Judge (02:20:14):
Correct.
Speaker 10 (02:20:36):
Do we want to go through them? Judge, do you want to see nine and 31 before we display them to them?
Judge (02:20:44):
Yeah. Let's take a look at them again.
Speaker 10 (02:21:07):
Which one is this one?
Speaker 11 (02:21:12):
Nine. Do you want me to just thumb through them?
Judge (02:21:43):
Yeah, you can go as quick as you need to.
Speaker 11 (02:22:20):
That's it.
Judge (02:22:21):
Okay. Thank you. And then 31? Okay, so that's all of them from that one.
Speaker 11 (02:23:27):
Mm-hmm.
Judge (02:23:30):
I think that we'll just do state's Exhibit nine since they don't have them listed specifically.
Speaker 11 (02:24:00):
Do you have the case for six? I need the sleeve.
Judge (02:24:15):
All right. Let's pull up on the computer, 118. Even though it wasn't published, I'd like to see what's on there. This is the Google search. Haley Faucet. Looks like it's a pretty large file. Is that accurate?
Speaker 11 (02:27:01):
Yes, and it's broken into a bunch of sub-folders. It's not like you can easily bring up what they want to see.
Judge (02:27:09):
Okay. We'll scrap that. Is 119 similar?
Speaker 11 (02:27:13):
Yes, Judge.
Judge (02:27:14):
Okay.
Speaker 11 (02:27:15):
I think it'd probably for that one best if you just advise in your discretion, you asking them to recall the testimony as they remember it of Detective Short involving the searching.
Judge (02:27:27):
Okay. Mr. Britt, your input with regard to 118 and 119?
Mr. Britt (02:27:37):
I would agree that they just need to be instructed to recall what it was since it's so large.
Judge (02:27:46):
Yeah. I agree also. I think that we would be here all day just trying to go through all the information that's on state's Exhibit 118 and 119, especially given the very small amount of testimony. With regard to the lab reports that were not published, state?
Speaker 10 (02:28:54):
Say that one more time, Judge.
Judge (02:28:55):
With regard to the lab reports, the lab summaries that were not published.
Speaker 10 (02:28:59):
The only ones that were not published were Melinda Wilson's lab reports. Every other lab report was published. The summary was published on the overhead projector and then many of them were published by way of the digital versions when going over the pictures. So I think I would ask that you ask the jury which...
Judge (02:29:26):
I think I won't ask any questions. I think I'll just send them with the summaries. And then if they need more clarification that's on the lab reports, then they can submit an additional question to view the lab reports themselves.
Speaker 10 (02:29:41):
Yes.
Judge (02:29:42):
So as far as submitting state's exhibits 123 and 125, are there any objections on behalf of the state, even though they weren't published?
Speaker 10 (02:29:51):
No, Judge.
Judge (02:29:53):
Anything you wish to say, Mr. Britt, regarding sending all those exhibits, including the ones that were not published?
Mr. Britt (02:30:02):
No, sir. There's no objection to that.
Judge (02:30:22):
Okay. Okay. Do you have all of those summaries there?
Speaker 10 (02:30:24):
Yes, Judge.
Judge (02:30:24):
All right.
Speaker 10 (02:30:25):
Yes, Judge.
Judge (02:30:27):
Thank you. State wish to be heard regarding Exhibit 43, the red earbuds?
Speaker 10 (02:31:29):
No. Judge, I have no objection to them seeing the red earbuds. I believe that they have to have consent, both parties, to send them to the back.
Judge (02:31:42):
Any objection to sending them to the back?
Speaker 10 (02:31:44):
I don't have any objection, Judge.
Judge (02:31:46):
Mr. Britt, you-
Mr. Britt (02:31:47):
No objection.
Judge (02:31:48):
No objection? Okay. Do we have an extra box of gloves? Wow. Look at that.
Speaker 12 (02:31:56):
I have three unused boxes, medium, large, and extra gloves.
Judge (02:32:01):
I hadn't even made any decision, but you already knew what I was going to do. All right. I'll go ahead and allow them to have Exhibit 43 in the jury room. Can I see Exhibit 43 and its package? Thank you.
Speaker 10 (02:32:32):
Judge, just sort of anticipating the next round of questions, and I think they alluded to it in this question, they wanted all the pictures and they wanted the pictures back there.
Judge (02:32:43):
That was going to be my next question. Do you have any input?
Speaker 10 (02:32:56):
Again, Judge, I've never had pictures sent back to the back, because really nobody's ever consented. The question is how are we going to send them to the back even if we all consent when they're digital photographs?
Judge (02:33:17):
We don't have anything to facilitate that, do we?
Speaker 12 (02:33:25):
No, I don't, because all our computers are locked protected and... So no, sir, not that I can think of. I can step out and...
Speaker 11 (02:33:41):
I think, Judge, we could do it like yesterday where he tells us if he wants us to pause on something.
Judge (02:33:47):
I think that's going to be the only option, because I don't think that we'd be able to provide them with anything. Yeah, we'll just have to show them in the courtroom and I'll explain that to them. Okay, so that would be exhibits 93 and nine.
Speaker 11 (02:34:43):
And do you want to do 31 as well, which were the hospital photos Detective Leatherwood took?
Judge (02:34:50):
No, I don't think that that is within the scope of what they were asking for. Okay. I think what we'll do is we'll bring the jury back in, we'll break for lunch for an hour, and then when we come back at one o'clock we'll go through those pictures and then send the exhibits back with them. I think we're just too close to our lunch break for that to be very effective for them. Any last input regarding this question on behalf of the state?
Speaker 10 (02:36:14):
No, Judge. I feel quite certain that if we didn't provide them what they wanted, they would send us another question.
Judge (02:36:20):
I agree. Yeah. I think that what we will provide them is probably about as close as we can get, and if they need anything else, they'll let us know.
Speaker 10 (02:36:29):
Judge, I would ask... I don't want to tell you how to do your job. I would just ask that when we say, "You can't do a certain thing or can't see a certain thing," that it's in your discretion. I believe the court of appeals have hammered the courts for not saying the magic words, "In my discretion I'm not allowing you to see this, of course." Thank you, sir.
Judge (02:36:47):
Thank you. I appreciate that. Mr. Britt, any input?
Mr. Britt (02:36:52):
No, sir.
Judge (02:36:53):
Okay. Let's bring our jury back in. Bring in the jury.
Speaker 11 (02:36:56):
What numbers are we sending back? 43?
Judge (02:36:56):
43, 97...
Speaker 12 (02:36:56):
Jury is seated, Your Honor.
Judge (02:38:27):
Thank you, sir. Let the record reflect that the jury has entered the courtroom. Members of the jury, it took us a minute to be able to parse through all those things and have a discussion with the attorneys. Given how close it is to the lunch hour, what we'll do is we'll break for lunch right now, and then when you come back we'll allow you to either have or view those particular pieces of evidence that you've requested. We're only going to have one hour lunch so that you can get back to your deliberations. So as you break for lunch, make sure you don't discuss this case amongst yourselves or have anybody discuss it in your presence. Don't conduct any independent investigation. Don't have any contact with any of the parties, attorneys, or witnesses. Do not post online on any social media sites. And do not discuss this case with anybody else. So we'll go ahead and excuse you for one hour. Please return by one o'clock. All right. Thank you.
Speaker 12 (02:39:20):
Thank you, Your Honor. Make sure that your notebooks are closed [inaudible 02:39:24] your chairs. When ready, front rows and back this way, please.
Speaker 11 (02:39:20):
May I approach the exhibits?
Judge (02:39:20):
You may.
Speaker 12 (02:39:20):
Jury has left the courtroom, Your Honor.
Judge (02:39:57):
Thank you, sir. Let the record reflect that the jury has exited the courtroom, so we'll be in recess until 01:00 PM.
Speaker 12 (02:40:03):
Court will be in recess till 01:00 PM.
Speaker 13 (02:50:00):
(silence)
Judge (03:39:04):
We're back on the record. So, just for review, we are going to send the DNA lab summaries, Exhibits 97, 103, 106, 107, 110, 111, 112, 113, 114, 116, 123, and 125, back with the jury.
Speaker 14 (03:39:33):
Judge, may I be heard?
Judge (03:39:34):
Yes.
Speaker 14 (03:39:35):
After thinking about it a little bit, the fact that some evidence goes back into the jury room, some does not, I'm going to object to evidence going back into the jury room. Let's let them review it as they saw it here.
Judge (03:39:48):
As far as the lab summaries or are we just talking about the earbuds?
Speaker 14 (03:39:53):
Earbuds, lab summaries. They can pass them around here, but if we say, "Well, some can go back, some can't," I do have a concern about physical evidence going back because we don't know are they going to change them in any way back there, meaning, but I have a concern, Judge, so.
Judge (03:40:12):
Okay. Mr. Britt, do you wish to be heard?
Luther Johnson Britt III (03:40:15):
No, Sir.
Judge (03:40:21):
All right. So, you will amend that. That's why we have a lunch break to be able to think about these things. I'll amend that and we will have the jury put on gloves. We'll pass around. I think what we'll do is we'll pass around Exhibit 43 first.
Speaker 14 (03:40:47):
Yes, sir.
Judge (03:40:49):
And then that way they can take the gloves off and they won't have the gloves on the whole time. We will then pass around the lab reports. What I will do is I will take them out of their sleeves so that they're more easily accessible. We'll pass around the reports. And once they're done looking at the reports, then we will show them photos from Exhibit 93 and Exhibit 9. And Ms. Smircic, what I'm going to ask you to do is to pause for 10 seconds in between each photo, and I will inform the jury foreperson again that if they need longer time to be able to view it, to let us know.
Shirley Smircic (03:42:06):
And Judge, do you want me to do nine first since that's the hospital photos and then 93, which is the enhanced photos?
Judge (03:42:12):
That'll be fine. And then I will also inform the jury that the exhibits will only be shown in the courtroom and in the exercise of my discretion due to the large file sizes of the Google searches, that the Exhibits 118 and 119 will not be shown and they're to be guided by their own recollection of the testimony of Detective Short.
Speaker 14 (03:42:50):
Thank you, Judge.
Judge (03:42:53):
Okay. Anything else on behalf of the state?
Shirley Smircic (03:42:55):
No, Judge.
Judge (03:42:57):
Anything else on behalf of the defense?
Luther Johnson Britt III (03:42:59):
I take it you're also going to instruct the jury not to make comment with each other while reviewing the exhibits.
Judge (03:43:07):
Correct. Yes, sir.
Luther Johnson Britt III (03:43:08):
Thank you.
Judge (03:43:09):
Anything else, Mr. Britt?
Luther Johnson Britt III (03:43:10):
No, Sir.
Judge (03:43:11):
Okay. Let's bring our jury in.
Mr. Britt (03:43:52):
Jury seated, Your Honor.
Judge (03:43:53):
Thank you, sir. Let the record reflect that the jury has ran to the courtroom. Members of the jury, you have provided me with a request to view evidence that includes ER and enhanced photos of Paitin's neck, the Exhibit 93 photos, 83 and 84 enhanced, the earbuds, Exhibit 43, DNA lab results, all of them. You've labeled 109, but 109 does not pertain to the lab results. So, I'll go ahead and give an explanation once we get to that point. And then the internet searches 118 and 119. For viewing the evidence, the evidence, as we have discussed amongst the parties, will only be viewed here in the courtroom. So, what we'll do is have you all put on gloves. Mr. Sheriff, if you can pass out gloves to every jury member.
Mr. Britt (03:45:09):
[inaudible 03:45:10]?
Judge (03:45:11):
What was that? Everybody. Yes, please. We'll allow you to pass to each other Exhibit 43. Please make sure that as you view any of these Exhibits, that you do so quietly, individually and without comment. If you need to make any notes, you certainly are allowed to do so, but you are not to comment out loud regarding any portion of the evidence that you are to see.
(03:45:51)
[inaudible 03:46:16], I'm going to ask you to put gloves on too. All right. Sir, if you can go ahead and remove Exhibit 43 and then hand it to juror number one there in the back and we'll make our way around into the front and here to the end again.
Mr. Britt (03:47:15):
Yes, sir.
Judge (03:47:15):
Thank you, sir.
Mr. Britt (03:54:42):
[inaudible 03:54:43], Your Honor.
Judge (03:54:43):
Thank you, sir. If you don't mind replacing that inside of its package. Members of the jury, I want to amend what I said regarding Exhibit 109. Exhibit 109 is the entire case record for Analyst Shane Wilcox. So, it does contain the entire report for what Shane Wilcox did. However, what we're going to do, since you requested all of the DNA results, I have here all of the lab summaries from each of the tests that were done. Those are Exhibits 97, 103, 106, 107, 110, 111, 112, and 113, 114, 116, 123, and 125. We'll allow you to pass each of these amongst yourselves. What we'll do is we'll hand the first one to juror number one. As soon as juror number one is finished with that Exhibit, then hand her the next one and so on and so forth until we come to the end again.
Mr. Britt (03:56:04):
Thank you, Your Honor.
Judge (03:56:04):
Thank you, sir.
(03:56:11)
Yes, if you can please remove your gloves.
Speaker 15 (03:58:00):
(silence).
Speaker 16 (04:32:00):
(silence)
Speaker 17 (05:06:18):
(silence)
Speaker 18 (05:40:00):
Thank you, sir. Okay.
Judge (06:25:18):
Thank you, sir.
(06:25:18)
State ... If you may now publish State's Exhibit 9. Members of the jury, as the State goes through these photos, they're going to pause for about 10 seconds on each photo. If you wish to view a photo for longer than the 10 seconds, the foreperson could so indicate. Okay?
(06:25:42)
All right. This is State's Exhibit 9. These are the ER photos.
Speaker 19 (06:25:45):
Judge, I would ask that these be excluded from the-
Judge (06:25:49):
Broadcast.
Speaker 19 (06:25:49):
Yes.
Judge (06:25:50):
All right. Thank you, sir. They are excluded from the broadcast.
Jury foreperson (06:25:52):
Pause, please. Zoom in.
(06:25:52)
Resume.
(06:25:52)
Pause, please. Zoom in.
(06:25:52)
Resume.
(06:25:52)
Next.
(06:25:52)
Next.
(06:25:52)
Next.
(06:25:52)
Next.
(06:25:52)
Zoom in, please.
(06:25:52)
Resume.
(06:25:52)
Zoom in, please.
(06:25:52)
Next.
(06:25:52)
Next.
(06:25:52)
Next.
(06:25:52)
Next.
Judge (06:30:57):
All right. I'm going to show you the photos in Exhibit 93. These are the enhanced photos. You indicated Numbers 83 and 84.
Jury foreperson (06:31:09):
Zoom in, please. Hold.
(06:31:09)
Next.
(06:31:09)
Zoom in, please. Hold.
Judge (06:33:48):
All right. With regard to your request for Exhibits 118, Google records of Haley Fawcett, 119, Google records of Lisa Flowers, AKA Lisa Hunt, and Dale Hunt, while those two exhibits were admitted into evidence, they are extremely voluminous, and we do not have time to be able to go through every particular part of the Google searches that have been admitted into evidence. Therefore, in the exercise of my discretion, I'm not going to show those to you. You are to be guided by your own recollection of the testimony of Detective Short, who testified regarding those Google searches.
(06:34:37)
All right. Members of the jury, at this time, you may go back to the jury room to continue your deliberations.
Bailiff (06:34:44):
Okay. Jurors 1 through 12, there's a [inaudible 06:34:47] front row in the back, this way, please.
Judge (06:34:54):
Our alternates, the same restrictions that have been placed upon you continue to remain in effect. Please make sure nobody discusses this case in your presence and you do not discuss it amongst yourselves. You are likewise excused.
Speaker 20 (06:35:14):
This place?
Judge (06:35:15):
Yeah, if you want to go back to the original area that you were at. Thank you.
Bailiff (06:35:20):
Jury packet, sir.
Judge (06:35:44):
Oh, yes.
Bailiff (06:35:45):
And the jury has left to courtroom.
Judge (06:35:47):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. I've given the jury packet to the bailiff.
(06:35:56)
Court Exhibit number 4, Madam Clerk. And we did receive all of the exhibits back of the summaries and the earbuds. Madam Clerk, I'll give those to you also.
(06:36:13)
All right. We'll be at ease until such time as the jury returns with the verdict or 4:55.
Bailiff (06:36:20):
Cool. Be at ease.
Speaker 21 (06:48:00):
(silence)
Judge (07:36:43):
All right, let's get our jury back in here and our alternates.
Speaker 22 (07:36:47):
Bring in the alternate.
Judge (07:37:03):
All right. The whistling needs to stop.
Speaker 23 (07:37:05):
Oh, I'm sorry.
Judge (07:39:47):
Thank you, sir. Let the record reflect that the jury has reentered to the courtroom. Mr. Foreperson, can you please stand? The verdict forms, did you replace them back inside of the envelope?
Speaker 24 (07:39:56):
They were back inside the envelope.
Judge (07:39:58):
And the jury instructions.
Speaker 24 (07:39:59):
The jury instructions are in the envelope.
Judge (07:40:01):
Thank you, sir. If you can hand that to the bailiff, please.
(07:40:06)
Members of the jury, we're going to break for the day. Please remember, do not discuss this case with each other. Do not discuss this case with anybody else. Do not allow anybody else to discuss this case in your presence. Do not conduct any independent investigation or inquiry. If you need to pass by any of the locations mentioned, you may pass by them, but you are not allowed to stop. You cannot have any contact with any of the parties, attorneys, or witnesses, and you cannot post online on any social media sites. We will reconvene again tomorrow morning at 9:30. Thank you.
Speaker 25 (07:40:41):
Thank you, Your Honor. Make sure that your juror badges are attached. [Inaudible 07:40:45].
(07:40:49)
Ready, front row [inaudible 07:40:50].
Speaker 26 (07:40:50):
Thank you.
Speaker 27 (07:40:50):
Thank you.
Speaker 25 (07:40:50):
[Inaudible 07:41:05].
Speaker 22 (07:40:50):
The jury's exited the courtroom, Your Honor.
Judge (07:41:27):
Thank you, sir. Let the record reflect that the jury has exited the courtroom. We'll be in recess until tomorrow morning at 9:30.
Speaker 28 (07:41:34):
Court will be in recess till 9:30 tomorrow morning, 9:30.