Carli Kierny (00:00):
On record in State versus Davis, C377407. My understanding is we have one thing we need to address outside the presence before we bring the jury back in.
Binu Palal (00:11):
Yes. I guess two things, Your Honor. First is we'll be admitting some jail calls. We've edited those down to not include the lead in and just the relevant portions, as opposed to Mr. Sanft [inaudible 00:00:24] those redactions. The issue that Mr. Sanft raised to me was regarding ... We were playing about, I think, less than 10 minutes of YouTube video, but Mr. Sanft has an issue with the-
Carli Kierny (00:35):
So the jail call issue is done?
Binu Palal (00:36):
The jail call issue is done. I'm sorry.
Carli Kierny (00:37):
You're just putting that on record that there's no objection to the foundation for that, and you're not doing it through the custodian of records?
Binu Palal (00:43):
Yes. We had agreed ahead of time.
Carli Kierny (00:45):
Okay. Got it. So moving on to the issue with the YouTube videos.
Binu Palal (00:49):
Yes, Your Honor. My understanding is Mr. Sanft has an objection as to the foundation for the YouTube videos.
Michael Sanft (00:54):
That's correct, Your Honor. My understanding is that they're going to produce an individual that works with the Clark County District Attorney's Office who will come in here and basically just say that he found the videos on YouTube. I don't think there's going to be foundation laid properly in terms of when the videos were taken, by who, along those lines. And so as a result, we would just do a preliminary objection to the foundation. Maybe the State will lay that foundation during the course of the trial.
Carli Kierny (01:20):
And what's your proffer as to what you expect the foundation to be?
Binu Palal (01:24):
That our discovery technician went on YouTube and saw the defendant's face. And nothing is off camera. It's the defendant's face, and that he's talking in a very recognizable voice that we have all heard. And I think that's sufficient foundation for that. It speaks for itself, similar to the book situation.
Carli Kierny (01:42):
And what's your objection that the video is not what it purports to be, as to foundation, essentially?
Michael Sanft (01:50):
I'm sorry, Your Honor?
Carli Kierny (01:50):
So foundation. The essential question is that the item being proposed is what it purports to be. What's your objection on those grounds?
Michael Sanft (01:58):
I don't think there's an objection that it is Mr. Davis that's on the video. It's more of when and where the videos were taken. So it's not the same group of characters that was from the testimony of Mr. Dorsey, for instance. It's other people doing those videotapes. So as a result, if there's foundation laid on it, then I think that satisfies that.
Carli Kierny (02:21):
I think it satisfies foundation that it is a video of Mr. Davis. It's what you're proposing it be.
Binu Palal (02:29):
Yes.
Carli Kierny (02:30):
I think there's probably going to be questions and argument regarding when it was taken, who took it, for what purpose, et cetera. But as to foundation, I don't think that's lacking.
Binu Palal (02:40):
Okay. All right. I at least wanted to have that out before the jury came in, instead of in the middle of it.
Carli Kierny (02:46):
Okay. Sounds good. So that's my preliminary ruling on that. We can raise it in the moment if there's anything more, if there's more doubts that come up, Mr. Sanft, okay?
Michael Sanft (02:55):
Yes, Your Honor.
Carli Kierny (02:57):
All right. Anything else? Anything from your side?
Marc DiGiacomo (03:00):
No, Your Honor. I do want to make a record that we replaced, and the numbers are escaping me, but I believe it's 121, and then the transcript that goes with the July 17, 2017, with redacted audio and a redacted transcript.
Carli Kierny (03:16):
Okay.
Marc DiGiacomo (03:17):
I also had marked ... I think it's WW, which is the defense's 180-page return to the October 2nd, 1996, search warrant that I also marked for the defense.
Carli Kierny (03:33):
Okay. Sounds good. All right. Let's bring in the jury.
Bailiff (03:38):
Stand for the jury.
Carli Kierny (04:09):
Do the parties stipulate to the presence of the jury?
Binu Palal (04:10):
Yes, Your Honor.
Michael Sanft (04:11):
Yes, Your Honor.
Carli Kierny (04:12):
You may be seated. Welcome back, ladies and gentlemen. We're still in the State's case-in-chief for now. State, who's your next witness?
Binu Palal (04:23):
State's witness is Adam Stoehr.
(04:23)
[inaudible 00:04:43].
Carli Kierny (04:52):
Yes.
(04:52)
You do solemnly swear the testimony you're about to give in this action shall be the truth, the whole truth, and nothing but the truth, so help you God?
Adam Stoehr (04:57):
I do.
Carli Kierny (05:04):
You may be seated. May I please have you state and spell your first and last name for the record?
Adam Stoehr (05:07):
My name is Adam Stoehr, A-D-A-M, S-T-O-E-H-R.
Carli Kierny (05:13):
All right. Thank you, sir. Whenever you're ready, Mr. Palal.
Binu Palal (05:17):
Thank you, Your Honor. Mr. Stoehr, how are you employed?
Adam Stoehr (05:18):
I'm an electronic evidence specialist for the Clark County District Attorney's Office.
Binu Palal (05:22):
And how long have you been an electronic discovery specialist with the district attorney's office?
Adam Stoehr (05:27):
About three and a half years now.
Binu Palal (05:28):
Okay. And what do your job duties entail?
Adam Stoehr (05:32):
We collect evidence from various databases, and we download it and upload it into our case file for the attorneys.
Binu Palal (05:40):
And do you also ensure that those pieces of evidence are distributed then to defense counsel?
Adam Stoehr (05:47):
Yes. We prepare them for discovery and we send them out.
Binu Palal (05:51):
I'm going to ask you particularly about things I asked you to do with this case. Did I ask you to obtain YouTube videos of the defendant, Mr. Davis?
Adam Stoehr (06:03):
You did.
Binu Palal (06:03):
And did you do that?
Adam Stoehr (06:03):
Yes.
Binu Palal (06:05):
And is it fair to say that there were a number of videos?
Adam Stoehr (06:08):
Yes, that is fair to say.
Binu Palal (06:09):
And then did I next ask you to reduce those videos to just a small number of brief clips for the purposes of the presentation today?
Adam Stoehr (06:18):
You did.
Binu Palal (06:18):
Okay. And, Your Honor, may I approach?
Carli Kierny (06:21):
You may.
Binu Palal (06:25):
Do you recognize what State's proposed 165 is?
Adam Stoehr (06:29):
I do.
Binu Palal (06:30):
What is State's proposed 165?
Adam Stoehr (06:31):
It is a CD of YouTube exhibits.
Binu Palal (06:34):
And does this CD contain the actual videos that you compilated and then clipped?
Adam Stoehr (06:42):
Yes. There should be three videos.
Binu Palal (06:44):
Okay. Your Honor, at this point, I'm going to move State's Exhibit 165 into evidence.
Carli Kierny (06:47):
Any further objection, Mr. Sanft?
Michael Sanft (06:49):
No, Your Honor.
Carli Kierny (06:49):
All right. Over objection, they will be admitted.
Binu Palal (06:53):
At this time, we're going to publish State's Exhibit 165.
Carli Kierny (06:57):
You may.
Binu Palal (07:00):
Before I get into this, again, these are very small snippets of much larger and longer videos.
Adam Stoehr (07:05):
Yes, much longer interviews.
Binu Palal (07:06):
Okay.
Marc DiGiacomo (07:06):
How do you want to go? In order? Or ...
Binu Palal (07:11):
Let's do the book first.
Video: Speaker 7 (07:17):
You and Orlando and everyone else meets up, but you guys don't have any guns.
Video: Duane Keith Davis (07:22):
Who said that?
Video: Speaker 7 (07:23):
Well, it was in the book. Until Zip, Von Zip came in the picture.
Video: Duane Keith Davis (07:33):
All right. [inaudible 00:07:34]. I don't want to talk about that.
Video: Speaker 7 (07:34):
Okay.
Video: Duane Keith Davis (07:34):
[inaudible 00:07:36].
Video: Speaker 7 (07:37):
But it is in the book.
Video: Duane Keith Davis (07:38):
Okay. Yeah. Let them read about it.
Video: Speaker 7 (07:41):
Okay. And I guess Foxy Brown was with Zip?
Video: Duane Keith Davis (07:45):
Let them read about it.
Video: Speaker 7 (07:47):
Okay. Well, according to the book ... Which there's going to be a link in the video that you could actually order from.
Video: Duane Keith Davis (07:56):
That's right. Matter of fact, let me see my book.
Video: Speaker 7 (07:56):
You want to go ahead and show the book?
Video: Duane Keith Davis (07:56):
Yeah. Yeah. Let's show the book. Yeah. This is my book here. I would like you guys to buy it and get the real truth instead of from a cop or some fucking industry people, some bullshit. You getting it from the real motherfucker. So go get the book and you can get the real truth about this whole situation. Thank you.
Video: Speaker 7 (08:21):
Okay. Well, I'm going to go ahead and read from the book, a passage.
Video: Duane Keith Davis (08:24):
Okay.
Video: Speaker 7 (08:28):
On getting a gun for the Tupac hit. "While we were waiting for the valet to bring out our cars, Zip seized the opportunity and called me over to his Benz. Zip was a big time New York player, pimp, and hustler who used to come out to California and handle his business and kick it with us sometimes. As I walked up to the driver's side, I noticed the rapper, Foxy Brown, was in the car with Zip, so he instructed her to step out of the car and motion for me to jump in. Zip had a hidden compartment. And he opened up, reached in, and pulled back a 40 Glock. He-"
Video: Duane Keith Davis (08:55):
All I got to say-
Video: Speaker 7 (08:57):
"He turned to me and said, "It's time to get the money.""
Video: Duane Keith Davis (09:00):
All I got to say, get your $20, and read about that part.
Binu Palal (09:04):
I'm going to play the second file.
Video: Speaker 9 (09:09):
You had cancer at one point?
Video: Duane Keith Davis (09:09):
Yeah.
Video: Speaker 9 (09:16):
And you beat it?
Video: Duane Keith Davis (09:16):
I beat it. Yeah.
Video: Speaker 9 (09:18):
I'm glad. Was it colon cancer?
Video: Duane Keith Davis (09:19):
I told you I beat three of the baddest entities in the world. United States government, fucking cancer, and the streets.
Binu Palal (09:31):
And then one last file.
Video: Duane Keith Davis (09:41):
Let me tell you something, my brother. Tupac never jumped on him. He was by himself. My nephew never jumped on no fucking Tupac. Come on, man. Tupac was wrong as two left fucking shoes, nigga. Don't you think he was wrong? Honestly.
Video: Speaker 10 (10:00):
Yeah. I think he could have reacted in a better way.
Video: Duane Keith Davis (10:05):
Listen, homie. You don't think that man is wrong?
Video: Speaker 10 (10:10):
He could have reacted in a better way, I guess.
Video: Duane Keith Davis (10:13):
I'm talking about Flat is his biggest fan. He admitted that that man is wrong, man.
Video: Speaker 10 (10:20):
Yeah, man.
Video: Duane Keith Davis (10:20):
Come on, man.
Video: Speaker 10 (10:21):
He was wrong, man, but that was only done out of loyalty, man.
Video: Duane Keith Davis (10:24):
Okay. Thank you. I appreciate that. My nephew didn't jump on him. He jumped on my nephew. A kid, man. My nephew was a fucking kid. Them was grown ass mans, dude. You know what I'm saying? He was a fucking kid, dude. That's why he had on that jersey. He's a fucking kid, dude. You know what I'm saying? He was wrong. My nephew never jumped on him. They jumped on my nephew. My nephew didn't throw a punch, man. Shit was wrong, dude. Jumped on a fucking kid, dude.
Binu Palal (11:03):
And then as part of your duties working for the Clark County District Attorney's Office, did you also receive a video from the courtroom proceedings in this case?
Adam Stoehr (11:16):
I did.
Binu Palal (11:17):
And did you receive that one view from a television network and another view that you synced up?
Adam Stoehr (11:24):
Yes, I did.
Binu Palal (11:24):
And how do you do that?
Adam Stoehr (11:26):
I use Adobe Premiere Pro. I took both videos, entered them into the same timeline, and then set them side by side and synced them up so that they played at the ... It's the same video from different angles.
Binu Palal (11:40):
And I'm going to approach. Showing you State's proposed Exhibit 166. Did you actually put that compilation on a video and then ... I'm sorry. Did you put that video on a CD?
Adam Stoehr (11:54):
I did.
Binu Palal (11:54):
And is this the CD that you put it on?
Adam Stoehr (11:56):
Yes, it is.
Binu Palal (11:57):
All right. Your Honor, at this time, State's going to move 166 into evidence.
Carli Kierny (12:00):
Any objection?
Michael Sanft (12:02):
No objection, Your Honor.
Carli Kierny (12:03):
So admitted.
Binu Palal (12:03):
At this time, State's going to publish 166.
Video: Carli Kierny (12:11):
Have everyone back here at 3:40. Please rise for the jury.
Binu Palal (12:19):
At that time, when Reggie Wright Jr. is sitting in front of the witness stand, that Mr. Davis is mouthing words at Reggie Wright Jr.?
Adam Stoehr (12:27):
Yes.
Binu Palal (12:27):
Okay. And as part of your duties with the Clark County District Attorney's Office, did you also have access to calls that Mr. Davis made since September of 2023?
Adam Stoehr (12:40):
I do. I did.
Binu Palal (12:43):
And did I ask you to review some of those calls?
Adam Stoehr (12:45):
You did.
Binu Palal (12:46):
And did I ask you to clip some portions of those calls for the purpose of a presentation here today?
Adam Stoehr (12:52):
Yes.
Binu Palal (12:55):
Okay. I'm going to show you what's been previously marked as State's Exhibit 164. Is this CD the CD that you prepared containing those clips of calls?
Adam Stoehr (13:04):
Yes, it is.
Binu Palal (13:04):
Your Honor, at this time, State's going to move 164 into evidence.
Carli Kierny (13:07):
Any objection?
Michael Sanft (13:08):
No objection, Your Honor.
Carli Kierny (13:09):
So admitted.
Binu Palal (13:09):
At this time, State's going to publish State's Exhibit 164. We'll go in chronological order. So can we play that 10/12/23?
Audio: Duane Keith Davis (13:18):
Yeah. We have ... Everything going to play out [inaudible 00:13:28]. They're just trying to use the words out there against me, but they can't do that shit. So-
Audio: Speaker 13 (13:32):
Well, shit. They're trying it.
Audio: Duane Keith Davis (13:36):
Well, yeah. Yeah. I didn't break the thing. That was fucking Greg Kading broke the thing. Shit.
Audio: Speaker 13 (13:46):
I just wish you would've never did [inaudible 00:13:47]. You know? [inaudible 00:13:47].
Audio: Duane Keith Davis (13:46):
[inaudible 00:13:47].
Audio: Speaker 13 (13:46):
No, I forgot. I forgot. I just wish you would've never talked to them, man. You know?
Audio: Duane Keith Davis (13:53):
Yeah. You're right. I know. I know. I should have just went on and did that little-
Audio: Speaker 13 (14:03):
Stop doing all them interviews. And I just never did none of that shit. Just I don't got shit to say. Whatever happened happened. Yeah.
Audio: Duane Keith Davis (14:03):
Yeah. You're right.
Audio: Speaker 13 (14:06):
Everybody ... that shit all over ... All you see on Instagram and [inaudible 00:14:09] all that shit, I'm like, "Damn, this shit is viral."
Audio: Duane Keith Davis (14:13):
Yeah.
Binu Palal (14:16):
Now, Mr. Stoehr, you've listened to this calls maybe one or two or more times; is that fair?
Adam Stoehr (14:20):
That's fair.
Binu Palal (14:21):
In terms of editing it, is it fair to say that while some of the audio is a little bit garbled upon hearing it, a number of times, you're able to discern some of the words that are being stated?
Adam Stoehr (14:30):
Yes.
Binu Palal (14:31):
And is it fair to say that Mr. Davis says, "They're trying to use my words against me"?
Adam Stoehr (14:35):
Yes.
Binu Palal (14:36):
And that he says, "I didn't break the thing. Greg Kading broke the thing"?
Adam Stoehr (14:38):
Yes.
Binu Palal (14:38):
Okay. Now, can we play the next call at 10/21/23?
Audio: Duane Keith Davis (14:47):
Yeah. Yeah. They ain't got shit, though. They trying to use my statements against me. You going to lose, dude. I was paid to say that, stupid ass dude. Yeah.
Audio: Speaker 14 (14:59):
Okay.
Audio: Duane Keith Davis (14:59):
Yeah. I was paid to say that, stupid motherfucker. You can't use my shit against me. Shit.
Audio: Speaker 14 (15:05):
What's this book they say you wrote?
Audio: Duane Keith Davis (15:10):
Oh. Yeah. I did. After that dude did that. I didn't breach that contract. He did.
Audio: Speaker 14 (15:12):
Oh, okay.
Audio: Duane Keith Davis (15:18):
[inaudible 00:15:14]. Oh, bitch. He had my life fucked up. I crawled up under a rock for six years, and I just got tired of it. You know what I'm saying? Shit. Let them know the motherfucking truth. Bitch, you ain't just got me, you motherfucker. Your niggas around me got you for me. [inaudible 00:15:36] all them son of a bitches. You know?
Audio: Speaker 14 (15:42):
Wow.
Audio: Duane Keith Davis (15:42):
Yeah. Even my boy Jerome down the street from you. Louisa, all them motherfucker. [inaudible 00:15:49] all that shit. You know?
Binu Palal (15:54):
And similarly, have you listened to this call more than one time?
Adam Stoehr (15:57):
I have.
Binu Palal (16:00):
And is it fair to say that Mr. Davis says, "They're trying to use my words against me"?
Adam Stoehr (16:03):
Yes.
Binu Palal (16:04):
And in fairness, Mr. Davis, he does say, "I was paid to say those words"?
Adam Stoehr (16:07):
Yes.
Binu Palal (16:08):
And then he says, when he's asked about what's that book you wrote, he says, "Yeah. I wrote that book"?
Adam Stoehr (16:14):
Yes.
Binu Palal (16:15):
And then later on, he says to ... I'm going to quote, "Let them motherfuckers know the truth"?
Adam Stoehr (16:20):
Yes.
Binu Palal (16:22):
Okay. And then he later on says, regarding Greg Kading, "You didn't get me," and then says some people who actually did get him.
Adam Stoehr (16:29):
Yes.
Binu Palal (16:29):
Okay. Can we play the 11/9/23?
Audio: Speaker 15 (16:40):
Deadline. So I'm going to call E.D.I. I'm going to call him today. And then when you call me later on tonight or tomorrow, I know.
Audio: Duane Keith Davis (16:42):
Okay. Okay.
Audio: Speaker 15 (16:43):
Okay?
Audio: Duane Keith Davis (16:43):
Love, my bro.
Audio: Speaker 15 (16:46):
All right. I'm looking out for you, big dog.
Audio: Duane Keith Davis (16:47):
One love. All right. Once I get home, man, we rich.
Audio: Speaker 15 (16:50):
Oh, of course. Of course.
Audio: Duane Keith Davis (16:53):
All right. I got to tell Keith too. You know what I'm saying? Don't let them throw that motherfucking shit up in your face. We'd be mad [inaudible 00:16:54] years later and [inaudible 00:16:54] still going. You know what I'm saying?
Audio: Speaker 15 (16:54):
Yeah. Yeah.
Audio: Duane Keith Davis (16:54):
Man. Yeah. [inaudible 00:16:54]. I got to tell that nigga, "Nigga, I got blood on my money."
Audio: Speaker 15 (17:07):
[inaudible 00:17:12].
Audio: Duane Keith Davis (17:12):
All right. What's up, bro? Okay.
Audio: Speaker 15 (17:13):
All right, big dog. All right.
Audio: Duane Keith Davis (17:13):
All right.
Audio: Speaker 15 (17:13):
Talk to you later. Peace.
Audio: Duane Keith Davis (17:13):
Bye. Bye.
Binu Palal (17:19):
I'm going to assume that we had you listen to this call a number of times?
Adam Stoehr (17:20):
Yes.
Binu Palal (17:21):
Is it fair to say that Mr. Davis says, "I have blood on my money"?
Adam Stoehr (17:25):
Correct.
Binu Palal (17:25):
Okay. And then the last call from July 5th, 2024.
Audio: Duane Keith Davis (17:42):
I was born way before that dude. I was way out there before him, dude. [inaudible 00:17:38] motherfucker. I don't need this little faggot. You know what I'm saying?
Audio: Speaker 16 (17:54):
Yeah.
Audio: Duane Keith Davis (17:54):
[inaudible 00:17:55] raping little girls, jumping on little kids in the fucking hallway of the fucking casino. That dude is a piece of shit. [inaudible 00:18:02].
Audio: Speaker 16 (18:00):
[inaudible 00:18:03].
Audio: Duane Keith Davis (18:00):
[inaudible 00:18:09].
Audio: Speaker 16 (18:00):
[inaudible 00:18:12].
Audio: Duane Keith Davis (18:17):
[inaudible 00:18:14]. None of my kids like that motherfucking faggot.
Binu Palal (18:20):
Okay. And similar to the previous three calls, have you listened to this call a number of times?
Adam Stoehr (18:24):
Yeah.
Binu Palal (18:25):
And is it fair to say that at the ... Well, he says a lot, but in particular, he says he's complaining about somebody jumping on little kid in the hallway of the casino, that he's a piece of shit.
Adam Stoehr (18:39):
Yes.
Binu Palal (18:46):
Okay. Court's indulgence. State will pass the witness.
Carli Kierny (18:47):
All right. Mr. Sanft, cross-examination?
Michael Sanft (18:48):
No cross, Your Honor.
Carli Kierny (18:49):
Ladies and gentlemen, any of the jury, any questions for this witness? Seeing none. Thank you, Mr. Stoehr. You're free to go. State, who's your next witness?
Marc DiGiacomo (19:01):
Judge, reserving the right to confirm with the clerk that everything that we've offered has been admitted. At this point, the State will rest.
Carli Kierny (19:10):
Do you want to come up and review it? Or do you want to-
Marc DiGiacomo (19:19):
I checked. It's just the last three exhibits. Actually, it's the last one we're going to have to confirm.
Carli Kierny (19:19):
Okay.
Court Reporter (19:19):
Can we address 31?
Marc DiGiacomo (19:21):
Oh, yes. I forgot to address 31. So 31 was a duplicate. So we never offered 31. We just need to make a record that 31 was a duplicate of ... Do you know what exhibit it is? Of 30?
Court Reporter (19:29):
30.
Marc DiGiacomo (19:30):
Yeah. It's a duplicate of 30. So the clerk asked me to put that on.
Carli Kierny (19:36):
So 31 should just be blank? There should be no exhibit attached to that?
Marc DiGiacomo (19:39):
Well, it's marked as a proposed exhibit. It's just not admitted-
Court Reporter (19:41):
Correct.
Marc DiGiacomo (19:41):
... as a duplicate.
Carli Kierny (19:43):
Okay. Sounds good. Defense, we're moving into your case-in-chief.
Michael Sanft (19:51):
Your Honor, may we approach?
Carli Kierny (21:36):
You may.
(21:36)
Okay. Mr. Sanft, anything you wanted to put on the record?
Michael Sanft (22:08):
Yes, Your Honor. With regards to the defense's case-in-chief, we have witnesses lined up. We cannot make it here today. There'll be officers from the Metropolitan Police Department that will testify on behalf of the defense. Because of the fact of they're scheduling, we are unable to get it today. We would ask the court to allow us to start our case-in-chief tomorrow with the detective and two police officers tomorrow.
Carli Kierny (22:33):
Okay. Ladies and gentlemen, we're way ahead of schedule, ultimately. The defense, at this point, is moving into their case-in-chief, but doesn't have their witnesses available until tomorrow, so we are going to recess for today and have you guys back here at noon tomorrow. During this recess, you are admonished not to talk or converse amongst yourselves or with anyone else on any subject connected to the trial or read, watch, or listen to any report of or commentary on the trial of any person connected with this case by any medium of information, including without limitation, newspaper, television, the internet, and radio, or form or express any opinion on any subject connected to the trial until the case is submitted to you. Sorry. We'll see you guys tomorrow. Please rise for the jury.
Speaker 18 (23:23):
Judge, you said noon?
Carli Kierny (23:24):
Noon tomorrow. Eat before you come, guys.
Speaker 19 (23:27):
Thank you.
Carli Kierny (23:54):
For the record, the jury has exited the room. Everyone can be seated. Mr. Davis, remain standing. I have to admonish you on your right to testify at this time, just so you can make that decision overnight with your attorney. Okay? Mr. Davis-
Court Reporter (24:08):
[inaudible 00:24:09].
Carli Kierny (24:08):
... under the constitution of the United-
Court Reporter (24:10):
Sorry.
Carli Kierny (24:12):
Under the constitution of the United States and under the constitution of the State of Nevada, you cannot be forced to testify in this case. Do you understand that?
Duane Keith Davis (24:19):
Yes, ma'am.
Carli Kierny (24:20):
You may, at your own request, give up this right and take the witness stand and testify. If you do, you will be subject to cross-examination by the deputy district attorney. And anything that you may say, be it on direct or cross-examination, will be the subject of fair comment when the deputy district attorney speaks to the jury in their final argument. Do you understand that?
Duane Keith Davis (24:38):
Yes, ma'am.
Carli Kierny (24:39):
If you choose not to testify, the court will not permit the deputy district attorneys to make any comments to the jury because you have not testified. Do you understand that?
Duane Keith Davis (24:47):
Yes, ma'am.
Carli Kierny (24:48):
If you choose not to testify, the court will instruct the jury, if your attorney wants me to, as follows. The law does not compel a defendant in a criminal case to take the stand and testify, and no presumption may be raised, and no inference of any kind may be drawn from the failure of a defendant to testify. Do you have any question? Do you understand that?
Duane Keith Davis (25:03):
Yes, ma'am.
Carli Kierny (25:04):
Do you have any questions in general about these rights?
Duane Keith Davis (25:07):
No. I'm good.
Carli Kierny (25:08):
You understood? Okay. You're further advised that if you have a felony conviction, and more than 10 years has not elapsed from the date you were convicted or discharged from prison, parole, or probation, whichever is later, and you elect to take the stand and testify, the DA will be able to ask you, in the presence of the jury, the following. One, have you been convicted of a felony? Two, what was the felony? And three, when did it happen? But the DA cannot get into details about that. Do you understand that?
Duane Keith Davis (25:33):
Yes, ma'am.
Carli Kierny (25:33):
Okay. I'll leave it to you and your attorney's consultations as to what your decision is, but I just wanted to give you those rights at this time.
Duane Keith Davis (25:40):
Okay.
Carli Kierny (25:46):
Okay.
Marc DiGiacomo (25:47):
Judge, and just for the record, because Mr. Sanft may not be aware of this, we checked the 2015 conviction. It ran on August 11th of 2026. So the only conviction that he would be facing cross-examination for is his conviction a couple years ago for battery by a prisoner.
Carli Kierny (26:00):
Okay. All right. Yes, sir.
Duane Keith Davis (26:02):
Is that why they sent them to attack me? Okay.
Carli Kierny (26:06):
I understand that's your position, that that happened, but ultimately, I don't know anything about that case. I've never looked at it. Okay?
Duane Keith Davis (26:14):
Okay, ma'am.
Carli Kierny (26:15):
All right. Okay. You guys can be seated. Anything else we need to address outside the presence?
Michael Sanft (26:23):
No, Your Honor. In terms of scheduling, we anticipate once we have our case-in-chief and the State's rebuttal, then we'll probably be closing on Monday.
Carli Kierny (26:31):
Okay.
Michael Sanft (26:32):
So we'll just need to go over jury instructions-
Binu Palal (26:32):
Yes.
Michael Sanft (26:32):
... on Friday.
Binu Palal (26:35):
So I've been working on jury instructions. Ms. Pandukht asked that we include a Carter instruction just in case.
Carli Kierny (26:43):
A what instruction?
Binu Palal (26:44):
A Carter instruction.
Carli Kierny (26:45):
Carter. Okay.
Binu Palal (26:45):
And then Ms. Pandukht also asked about a voluntariness instruction. We have some thoughts on that, so we-
Carli Kierny (26:52):
A voluntariness or a voluntary manslaughter?
Binu Palal (26:53):
A voluntariness of the statement.
Carli Kierny (26:57):
Understood. Okay.
Binu Palal (27:00):
So we have some thoughts on that. So we're preparing something that we think conforms to this court's ruling. And then we will probably have a corpus delicti instruction as well.
Carli Kierny (27:08):
When did you want to settle?
Binu Palal (27:10):
I'll get this to miss ... I assume that you said Ms. Pandukht?
Michael Sanft (27:12):
Yeah.
Binu Palal (27:15):
Okay. I'll get it to Ms. Pandukht this evening. And then if we can probably do it Friday morning or Thursday, probably Friday, Friday morning, probably best, or Friday sometime during the day, settle those during that time so Ms. Pandukht has some time to review with Mr. Sanft what the instructions are.
Carli Kierny (27:33):
Okay. All right. So we'll plan on settling those probably Friday morning sometime.
Michael Sanft (27:39):
Yes, Judge.
Carli Kierny (27:39):
Okay. Sounds good.
Marc DiGiacomo (27:40):
Judge, the only question I would have is the two rebuttal witnesses I have, one I know that they're calling, should I have them here at 2:00 tomorrow? Because I don't imagine Mr. Sanft is going to be very long. Or should I have them here at 9:00 on Friday?
Michael Sanft (27:50):
No, no, no. Don't do that. If we could just have them here at 2:00, that should work.
Marc DiGiacomo (27:54):
Okay.
Carli Kierny (27:54):
Okay.
Marc DiGiacomo (27:56):
All right.
Carli Kierny (27:57):
Sounds good.
Marc DiGiacomo (27:57):
I'm going to try to get them here for 2:00.
Carli Kierny (27:58):
Have everybody here at 2:00. Maybe we may have the submission of the case at least wrapped up by the end of the day tomorrow.
Binu Palal (28:07):
Yes, Your Honor.
Carli Kierny (28:07):
Okay. All right. Thank you guys. We'll be in recess.
Binu Palal (28:10):
Thank you.
Marc DiGiacomo (28:10):
Thank you.