Thursday, February 10, 2005

Please do not put your nonsense on the record

As trial continues, we keep getting on friendlier terms. Just a few days ago, at a sidebar, the persecutor wanted the record to somehow reflect that the Judge was not upset at defense counsel making numerous objections as to certain testimony from a snitch that, at best, constituted Fed.R.Evid. 404(b) against just one of the defendants on trial, but which was being presented as to all defendants in this drug conspiracy case.
MR. VAZQUEZ [the AUSA]: The Judge has never been upset with Mr. Lincoln at all.

MR. LINCOLN-SAN-JUAN: Mr. Vazquez, please do not put your nonsense on the record about this or that. I noticed that the Judge was upset. That's my perception.

THE COURT: The Judge is upset because we keep bringing it up again and again interrupting the trial, and the jury is getting upset with all these interruptions that we're having. It's not necessarily good for the jury.

MS. LIZARRIBAR-BUXO: If I may, Your Honor, but we have to, we have to object, Your Honor, to be able to have a fair trial. I mean, the fact that there is evidence coming in that we have had a concern since yesterday for several reasons keep opening up additional concerns on several other points of law, and right now, I am requesting a severance.
Ultimately the entire testimony of the snitch in question was struck, and then it was the prosecutor who was visibly upset.

Today, one police officer testified that he had arrested my client --at least he said my client's name-- but when asked if he saw him in Court, the witness identified another defendant. I have a distinct feeling that tonight every single police officer yet to testify is being shown pictures of all defendants.

Two other police officers were caught with numbers scribbled on their hands to "refresh their recollection" as they testified. Not surprising, since the prosecutor expects the witnesses to testify to evidence envelope numbers relating to seizures conducted more than 3 years ago!