Beyond A Reasonable Doubt.

Dearest Friends, I had been posting bits and  pieces of court documents, depositions, trial transcript, and omitting the names of the prosecutor, criminal defense attorney, victim, etc. As the everything is now public records, I am posting without any omissions.

The following is taken directly from the trial transcript. It is the questions and answers given to the jurors

If the following dialogue doesn’t sound like reasonable doubt, then someone needs to tell me what does reasonable doubt mean?

During the trial, items were received into evidence as exhibits. You may examine whatever exhibits you think will help you in your deliberations. These exhibits will be sent into the jury room with you when you begin to deliberate. However, if you wish to watch the video of the defendant’s interview, please advise the court deputy, as you will only be able to view this video in the presence of the attorneys and the Court. You may view it as many times as you wish.

014 3:35:49 PM FILED IN OFFICE EDDIE FERNANDEZ CLERK OF CIRCUIT COURT ORANGE C4O23FL

ALTERNATE JUROR: Do I?

THE COURT: Yeah. Do you have anything back there? Is everything with you here?

ALTERNATE JUROR: Everything is with me here.

THE COURT: Okay. Then with that, if you stay here, everyone else can follow the deputy back, please.

COURT DEPUTY: Jury exiting.

A JUROR: Do we take these with us?

THE COURT: Yes.

(The jury exits the courtroom.)

THE COURT: I want to thank you again for your time and consideration of listening to this case. You are

now welcome to stay or leave. That’s going to be verification that you were here yesterday and today. You’re welcome to talk to anyone now that you wish to about this case. You are welcome to refuse to talk to anyone. If you leave and you later wondered what happened, you are welcome to call my office and say let me know the verdict.

ALTERNATE JUROR: Yeah, because I want to know.

THE COURT: Thank you.

State, defense, any objection to the instructions as given?

MR. SCHWARTZ: No, Your Honor. Your Honor, no, with one caveat. Is there an instruction that some of

Official Court Reporters

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014 3:35:49 PM FILED IN OFFICE EDDIE FERNANDEZ CLERK OF CIRCUIT COURT ORANGE C4O24FL

the judges, including — I thought Your Honor gave with regards to utilization of notes, don’t rely on anybody else’s notes?

THE COURT: No, the standard that I read at the

beginning.

MR. SCHWARTZ: Okay.

THE COURT: Nothing besides that.

Will you look through the exhibits and make sure you both agree on what can be sent back? And after that, make sure you can be back here within five

minutes. With the caveat to that, if you are interested

in having dinner, we would be on a recess for the first hour.

(Court was in recess.)

THE COURT: We have a question, or multiple questions. Let’s take then one at a time. I would have a seat if I were you.

 

One, are there phone records showing calls between detective and defendant? How many and how long?

State, how would you suggest I respond to that?

MR. QADRI: The standard instruction, you have been provided all the evidence in the case that — actually, if you want if say no, I don’t have a problem saying no.

THE COURT: Defense, what do you —

MR. SCHWARTZ: I would ask for some response along the lines of, you are in possession of all the evidence in this case. There is no other evidence to be considered for deliberations.

MR. QADRI: That’s fine.

THE COURT: Date the video was made.

MR. QADRI: I’m sorry?

THE COURT: The date the video was made?

MR. QADRI: I think it came out in evidence.

MR. SCHWARTZ: I think — I mean, candidly, Judge, I think that I would prefer to respond, you’re to rely on your recollection. I don’t think — they can have a read back, maybe. I don’t —

THE COURT: Well, would it say it on the video?

MR. QADRI: No, it does not.

THE COURT: How do you want me to handle this, Mr. Schwartz?

MR. QADRI: Read back would —

MR. SCHWARTZ: Yeah. What do you think? Just agree — we can tell them — I can call him right now.

THE COURT: I’m sorry?

MR. SCHWARTZ: It did come into evidence, Judge. So we may as well tell them rather than — we can tell then. I’m fine with that.

THE COURT: Do you agree on when it was made?

MR. SCHWARTZ: There’s going to be an agreement,Judge.

THE COURT: Okay.

MR. SCHWARTZ: The video was when?

MR. QADRI: June 7th.

THE COURT: June 7th?

MR. SCHWARTZ: June 17th.

THE COURT: June 17, 2011. And it’s agreed that I

tell them that?

MR. QADRI: Yes, Your Honor.

THE COURT: June 17, 2011.

They want to watch the video again, so if we can get that set up.

All right. You ready for the next paragraph? Are a lot of guns black?

MR. SCHWARTZ: Are what?

THE COURT: Are a lot of guns black? Is a Glock an unusual kind of gun? Do different Glocks look different from each other? Are Glocks easily accessible?

MR. QADRI: Same instruction Mr. Schwartz attested, to rely on evidence received. No other evidence to be relied on.

THE COURT: Mr. Schwartz, do you agree?

MR. SCHWARTZ: I think that’s pretty much the standard way to answer the questions. That’s fine.

THE COURT: Ready for the final one? Is it a

coincident that both cases ended up in the lap of

Detective Collins?

MR. SCHWARTZ: I think the same answer. I guess it’s the same answer, right? No?

MR. QADRI: Did they actually ask that question? I would — I don’t know if Mr. Schwartz — see, I don’t want to —

MR. SCHWARTZ: Judge, let’s rely on the same answer

with that one, too.

THE COURT: Okay. As soon as we can get that set up with that video and they will come back out, I will give them the answers and then —

MR. SCHWARTZ: Ms. Gergely’s little dog has been alone all day. Is it all right if she leaves?

THE COURT: Yes.

MR. QADRI: Your Honor, the only thing, because they’re watching the video, I would ask the Court to

read the same instruction as read before about this is a stipulated — I forget exactly how it’s phrased. The Supreme Court — this is — you are not to consider anything else.

MR. SCHWARTZ: That’s fine.

THE COURT: You will need to send it to me again.

MR. QADRI: Yes, Your Honor.

THE COURT: And hold on to it for future use.

And do you have it ready for them?

MR. QADRI: Yes, Your Honor. All they have to do is press play and —

THE COURT: Why are we watching that with them?

Can’t they watch that back there? Is there other stuff on it?

MR. QADRI: My understanding was that they’re not allowed to watch —

THE COURT: No. Usually we — usually have a laptop which has other stuff on the laptop, so we never want to send it back to them.

Do you have any objection with them watching it, State?

MR. SCHWARTZ: I would actually prefer it, Judge,

because they are entitled to feel more free to, Judge —

THE COURT: Okay. I’m going to tell them they can push play. And I’ll call them out and give them all the other answers and send them back and they can watch it

as much as they would like.

And whenever the deputies are ready, you can bring them out.

COURT DEPUTY: Jury entering. (The jury enters the courtroom.) THE COURT: And you may be seated.

I received a number of questions. Can we move the

TV? Remember, it’s still plugged in, also.

I received a number of questions. I’m going to go through the questions and read them out loud. And then I’ll give you what is the response to that particular question. If the question is different than you meant it to be, let me know and I will — I will give you an opportunity to re-ask the question.

The first is, are there phone records showing calls

between the detective and the defendant? How many and how long?

I want to tell you that there’s no other evidence

in this case. You have been presented all the evidence you are to consider, and you are only to consider the evidence, lack of evidence, and the instructions on the law in this case.

The video — the date the video was made is

June 17th, 2011.

The question, we want to watch the video again. We are going to provide it to you. You are going to have it back in the jury room with you. Just push play and you can watch it. I think all the controls work as you would expect.

The next paragraph. Are a lot of guns black? Is a

Glock an unusual kind of gun? Do Glocks look different from each other? Do Glocks look very different from other guns? Are Glocks easily accessible?

Again, that’s the same answer as question one. You’ve received all the evidence. You are only to consider the evidence that I have given to you. I can’t answer questions that are outside of the evidence in

this case, which is also the answer to, is it a

coincidence that both cases ended up in the lap of

Detective Collins.

And with that, you can follow the deputies back.

COURT DEPUTY: Jury exiting. (The jury exits the courtroom.) THE COURT: We will be in recess. (Court was in recess.)

THE COURT: They can bring them out.

COURT DEPUTY: Jury entering. (The jury enters the courtroom.) THE COURT: You may be seated.

It’s my understanding you have reached a verdict?

THE FOREPERSON: Yes, we have.

THE COURT: Will you give it to the court deputy, please?

We all the verdict. My son’s attorney did not even ask for a mistrial.

Was he reallyy on my son’s side?


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