07/09 09:30
00:00:00 Good morning, everybody.
00:00:01 All right, folks, we're back on record in the Kroenke and Treasure chest matter 3 a.m.
00:00:09 20-08622.
00:00:11 Civil parties and council are present.
00:00:14 Jury is not yet here.
00:00:16 They're ready to come up as soon as we're ready for them.
00:00:21 Council now had a chance to look at the list for this panel plus the
00:00:26 Any issues that we should address before we get the jury?
00:00:29 Your Honor, and as the court pointed out, Mr. Campion is a pleasure to work with, I think we can streamline the process.
00:00:35 We've come across five questionnaires that we would jointly agree to remove for cause and not even have them come up to save time.
00:00:43 I'm delighted to hear that.
00:00:45 I identified a few that I thought you- Perfect, Your Honor.
00:00:48 Caught my eye as well, so.
00:00:49 And I'll read them off, and if Mr. Campion disagrees with me, he'll just probably hit me while I'm here.
00:00:54 The very first one, I think Grace Lee, as she is 35 weeks pregnant.
00:01:00 Agreed.
00:01:01 I don't think we need that emergency.
00:01:04 Agreed.
00:01:04 She was on my list.
00:01:06 Excellent.
00:01:07 Margaret Monahan.
00:01:08 Okay.
00:01:10 Serious financial hardship sole proprietor.
00:01:12 Okay.
00:01:14 Frances Gunnip, and I'm not sure if I'm pronouncing that correctly, will be out of town during our trial proceedings, and Kelly
00:01:24 Kenny sorry it's hard time reading Kenny Thompson okay and then we last one will be Blake Francione and the rest I think we're happy with I agree with your honor okay you had a
00:01:52 Four of yours coincided with mine.
00:01:55 One did not, so let me just look briefly.
00:01:58 Is there one we missed John?
00:02:01 Well, there was one I had identified as a potential issue, but let me look at yours first.
00:02:16 Okay, Mr. Thompson.
00:02:22 Okay.
00:02:23 All right.
00:02:26 So Mr. Thompson was number 10.
00:02:27 All right.
00:02:28 The other one that I had identified as a potential issue was Cindy Trawacki.
00:02:34 We also identified her, but she doesn't leave till 20th, which I believe is next Friday.
00:02:40 And Mr. Campion and I are confident that we'll be done Monday at the latest.
00:02:47 Okay.
00:02:47 If you're moving through that quickly, I don't have any problem
00:02:51 I think we are, Your Honor.
00:02:52 With her, what I would say is this.
00:02:55 If we go beyond next Monday or Tuesday, and it looks like I would probably identify her as one of the alternates to be dismissed at that point so that we can let her go without fear of interfering with her travel.
00:03:18 I had intended to tell the jury that this case might run into the end of next week.
00:03:22 If you all are comfortable saying it's going to be essentially a one-week trial, one week, I mean, into next week, but, I mean, about a five-day trial at this point in time, five trial days.
00:03:36 Is that realistic, Mr. Campion?
00:03:39 It is, and I would all, I mean, obviously, we don't know how long they might deliberate, so that's the only caveat, but I agree.
00:03:45 Okay.
00:03:45 All right.
00:03:46 With that in mind, then,
00:03:48 I think we'll go ahead and dismiss the ones you identified, which, Madam Clerk, for the record, we jurors number 15, Ms.
00:03:56 Lee, number 12, Ms.
00:03:59 Monahan, Mr. Gunnup, number 9, Franchoni, number 13, and Mr. Thompson, number 10.
00:04:14 All dismissed for cause.
00:04:20 Your honor, Mr. Bettinger has corrected me.
00:04:23 I have misspoken and misled the court.
00:04:25 The 20th is a Saturday, not a Friday.
00:04:27 I apologize.
00:04:28 I was going to overlook that time, Mr. Bettinger.
00:04:30 Thank you, Judge.
00:04:31 I just want to be forthright up front.
00:04:33 I appreciate it.
00:04:43 So, Madam Clerk, with those dismissals, you want to let Nicole know she can let them go?
00:04:52 And we can bring the rest of them up.
00:05:06 I think these are questions.
00:05:07 Let's pass those to Mike or Seth.
00:05:09 Really?
00:05:26 My WhatsApp overcomes when I get notifications from my friends from Europe.
00:05:29 It overcomes my silence.
00:05:40 I'd love that.
00:06:05 in the days of flip phone?
00:06:07 Yeah, I don't mind taking away your phone.
00:06:11 Good buzz.
00:06:11 Mr. Brzezinski, you donated your phone?
00:06:13 I did.
00:06:14 That's why I brought it, so I could donate it.
00:06:16 Okay.
00:06:17 All right, so folks, Madam Clerk's going to go down and get the jurors, so I'm going to step off while she's doing, well, yeah.
00:06:28 We'll go off record for a moment.
00:06:31 She'll get them assembled out front, and then as soon as we're back on record, we'll bring them in.