PA Superior Court Session recorded on March 2, 2021
00:02 - >>GOOD
00:02 - MORNING, EVERYONE. GOOD MORNING
00:04 - AGAIN TO MY FELLOW JUDGES AND
00:06 - TOLD THE ATTORNEYS AND TO
00:07 - ANYONE WATCHING. I CAN'T TELL
00:10 - YOU HOW MUCH WE APPRECIATE THE
00:12 - COOPERATION OF COUNCIL
00:14 - IN SCHEDULING THESE REMOTE
00:16 - ARGUMENTS THESE ARE SOME
00:18 - DIFFICULT TIMES
00:20 - WE'RE CONTINUING. THE
00:22 - ADMINISTRATION OF JUSTICE HERE
00:24 - BY WAY OF THESE ARE REMOTE
00:25 - ARGUMENTS AND YOU KNOW I THINK
00:28 - WE ALL KNOW THINGS GO IN CYCLES
00:30 - HERE IN OUR COUNTRY RIGHT NOW
00:32 - OR PERHAPS IN A CYCLE
00:34 - IN WHICH THE COUNTRY IS
00:36 - DIVIDED, BUT WE WANT TO ASSURE
00:37 - EVERYONE THAT THE JUDICIARY
00:40 - REMAINS READY TO ADMINISTER
00:42 - JUSTICE UPHOLD THE CONSTITUTION
00:44 - AND HOLD EVERYONE'S RIGHTS
00:46 - AND AS A DEMONSTRATION OF THAT
00:48 - WE'D LIKE TO ASK EVERYONE OF
00:50 - VIEWING TODAY. POLICE STAND AND
00:53 - JOIN US IN THE PLEDGE OF
00:55 - ALLEGIANCE IF YOU DON'T HAVE A
00:56 - FLAG. REMEMBER THERE WAS A LEG
00:58 - UP ON THEM THEY JUST LOOK
00:59 - ABOUT. THANK YOU. MISTER MORRIS
01:01 - WOULD YOU PLEASE LEAD US IN THE
01:03 - PLEDGE OF THE WEEK.
01:06 - >>I PLEDGE ALLEGIANCE TO THE
01:07 - FLAG OF THE UNITED STATES OF
01:09 - AMERICA AND TO THE REPUBLIC FOR
01:11 - WHICH IT STANDS. ONE NATION
01:14 - UNDER GOD. INDIVIDUAL WITH
01:16 - LIBERTY AND JUSTICE FOR ALL.
01:23 - >>THANK YOU VERY MUCH MISTER
01:24 - MORSI WE APPRECIATE THAT.
01:27 - IT IS MY GREAT PLEASURE TO
01:29 - INTRODUCE THE JUDGES
01:31 - ON THE PANEL WITH THIS MORNING,
01:33 - THIS IS OUR FIRST AND BOUGHT
01:34 - FOR 20 21 WHO KNEW WHEN WE
01:37 - STARTED TO GO REMOTE. LAST YEAR
01:40 - THAT WE WOULD BE DOING THIS IN
01:41 - 2021, BUT WE ARE.
01:43 - IT'S MY GREAT PLEASURE TO
01:46 - INTRODUCE FIRST PRESIDENT JUDGE
01:47 - EMERITUS JOHN BENDER I
01:50 - JUDGE ANALYZERS JUDGE PICKS TO
01:53 - A JUDGE OUT OF THE BOAT.
01:55 - A JUDGE CAROLYN NICHOLS JUDGE
01:58 - MARY MURRAY. JUDGE MARIA
02:00 - MCLAUGHLIN JUDGE MEGAN KING
02:02 - AND ASSISTING US TO STAND IN ON
02:04 - ONE OF THE CASES JUDGE DANIEL
02:07 - MCCAFFREY.
02:09 - WE ARE ALSO HAVE WITH US
02:11 - THIS MORNING. I'M SURE YOU'LL
02:13 - TO WORK WITH US. THE SUPERIOR
02:15 - COURT JENNIFER TRAXLER AND
02:17 - WILLIAM CLAIMANTS WHO WILL DO
02:18 - THE SUMMARIES AND I WAS
02:21 - MOURNING COUNCIL THAT WE HAVE
02:23 - HAD A FULL OPPORTUNITY TO
02:25 - REVIEW THE BREEZE AS WELL AS
02:27 - THE RECORD. SO DO YOUR BEST TO
02:29 - KEEP YOUR ARGUMENTS IN THE
02:31 - LEGAL ASPECTS OF THE ARGUMENT.
02:33 - EACH COUNCIL WILL RECEIVE
02:35 - 4 MINUTES ON
02:37 - INTERRUPTED ARGUE, AND IF THOSE
02:40 - 4 MINUTES AND HELP KEEP TRACK
02:41 - OF THE TIME I
02:42 - WILL CALL ON THE JUDGES WHO
02:44 - WOULD WISH TO ASK QUESTIONS,
02:46 - WE'LL DO THAT FOR THE FIRST 15
02:48 - MINUTES. I
02:50 - AND IF THERE'S ANY TIME LEFT
02:52 - THERE THE QUESTIONS WE'LL GO
02:53 - BACK TO COUNCIL WHETHER IT'S
02:54 - THE PROBLEMS CANCEL FOR THE
02:56 - APPLE
02:56 - LEAST COUNCIL AND NOW WE'LL
02:58 - GIVE YOU THE BALANCE OF THE
02:59 - TIME TO COMPLETE THEIR ARGUMENT
03:01 - OF COURSE SOME JUDGES MAY EVEN
03:03 - HAVE FOLLOW-UP QUESTIONS AND
03:04 - WE'LL CALL ON
03:05 - I WOULD ASK THE TOWN'S COUNCIL
03:07 - IF YOU WISH TO HAVE A VITAL.
03:09 - THEY'RE DOING THIS REMOTELY
03:11 - RESTRICT REBUTTAL ONE MINUTE.
03:13 - PLEASE JUST TELL ME THAT AHEAD
03:14 - OF TIME SO I KNOW TO A GESTURE
03:17 - YOUR CLOCK.
03:18 - WITH THAT. MISTER MORSI WOULD
03:21 - YOU PLEASE CALL THE FIRST CASE
03:22 - AND THEN
03:23 - I BELIEVE I CAN TRACK SURE WILL
03:25 - GIVE US THE SUMMARY OF THE
03:26 - CASE.
03:29 - >>THE FIRST CASE TO BE
03:30 - ARGUED JUDGES JOURNAL THE 0, 1,
03:33 - 0, 0, 1, SALZBURG VERSUS MAN.
03:37 - BUT COLEMAN CAN YOU HEAR.
03:41 - THANK YOU COULD PLEASE LEAVE
03:42 - YOUR VIDEO.
03:45 - >>TO ME ONE 2ND.
03:54 - BUT TODAY'S A YEAR. I CAN HEAR
03:58 - HIM. CAN YOU PLEASE ENABLE
04:00 - YOUR VIDEO. THANK YOU.
04:08 - >>JENNIFER ATTRACTION WOULD YOU
04:09 - PLEASE GIVE US THE SUMMARY OF
04:10 - THIS CASE.
04:12 - >>THANK YOU YOUR HONOR. THE
04:13 - FIRST CASE ON TODAY'S LIST.
04:15 - IT SCARES SALZBURG VERSUS
04:17 - DUNHAM AND THIS APPEAL ARISES
04:19 - FROM THE TRIAL COURT'S ORDER
04:20 - JIM WAS JUST MISSING THE
04:22 - COMPLAINT OF
04:22 - HEALTHCARE SALZBURG AFTER BRAIN
04:25 - AND THE MOTION FOR SUMMARY
04:26 - JUDGMENT FILED BY APPLE LEAST
04:28 - ON A MAN AND DREXEL UNIVERSITY.
04:31 - BETWEEN OCTOBER 2011 AND JUNE
04:33 - 2017. SO SPRING WAS JOINED BY
04:36 - DREXEL UNIVERSITY AS A SENIOR
04:38 - TAX ACCOUNTANT WHO WAS PROMOTED
04:39 - TO A MANAGER IN 2015. AND
04:42 - EVALUATE AND SELLS
04:44 - FOR SUPPORT FOR MONTHS OVER THE
04:45 - YEARS AND SALZBURG RECEIVE US
04:47 - TO THE VALUATION IS AND THE
04:49 - FALL OF
04:50 - 2016 AND IN SALZBURG PERSONAL
04:52 - AND PROFESSIONAL RELATIONSHIP
04:54 - DETERIORATED. I MAY OF
04:56 - 2017. THEY WOULD NOT SPEAK TO
04:58 - SALZBURG AND THIS MEMBER OF
05:00 - DRESSES HUMAN RESOURCES
05:01 - WAS PRESIDENT BASED UPON MAN'S
05:03 - RECOMMENDATIONS WILL TURN
05:05 - MEETING IN SALZBURG IN EARLY
05:07 - JUNE, 2017.
05:11 - THE COMPLAINT
05:12 - AND DREXEL ALLEGING
05:13 - INTENTIONAL INTERFERENCE WITH
05:15 - CONTRACTUAL RELATIONS AGAINST
05:17 - MAN THAN OTHER CLAIMS NOT GOING
05:19 - TO FEEL. SO SPORTS CLAIMS MAN'S
05:21 - ACTIONS WERE TAKEN MALICIOUSLY
05:23 - AND OUTSIDE THE SCHOOL AND YOU
05:25 - CAN SEE WHAT STICKS.
05:29 - SUMMARY JUDGMENT ON
05:30 - ALL COUNTS THE TRIAL COURT
05:31 - GRANTED THE MOTION TO DISMISS
05:33 - ALL SPORTS COMPLAINT WITH
05:34 - PREJUDICE. SALZBURG APPEALED
05:37 - THE ISSUE BEFORE THE COURT
05:38 - TODAY IS WHETHER THE
05:39 - TRIAL COURT HERE IN GRANTING
05:41 - SUMMARY JUDGMENT ON THE
05:42 - INTENTIONAL INTERFERENCE WITH
05:44 - CONTRACTUAL RELATIONS CLAIM
05:45 - AGAINST MAN A COURT WILL
05:47 - CONSIDER WHETHER PENNSYLVANIA
05:49 - LAW IT'S A CAUSE
05:50 - OF ACTION AGAINST A 3RD PARTY
05:52 - FOR INTERVIEW FOR INTERFERING.
05:54 - BUT THEN EXISTING AT WILL
05:56 - EMPLOYMENT RELATIONSHIP AND
05:58 - WHETHER THE CASE LAW IS IN
05:59 - CONFLICT WITH THAT LET US NOW
06:01 - TURN THE ARGUMENT.
06:04 - >>AND THERE'S THE COMMON WE'RE
06:05 - READY TO HEAR FROM YOU THANK
06:06 - YOU, THANK YOU JEN.
06:08 - >>I FEEL AS IF IT MAY PLEASE
06:09 - THE COURT. NOT THAT
06:12 - THIS COURT. WELL THE
06:13 - SUPREME COURT HAS DEFINITIVELY
06:15 - DETERMINE THE PENNSYLVANIA
06:16 - TO KNOW RECOGNIZE THE COURSE OF
06:18 - ACTION FOR TORTIOUS
06:19 - INTERFERENCE WITH AN ONGOING
06:21 - EMPLOYMENT RELATIONSHIP AND ITS
06:23 - THE APPELLANTS SUBMISSION
06:25 - THAT THIS COURT HAS RECOGNIZED
06:27 - THOSE ELEMENTS BUT HAS NOT
06:29 - DEFINITIVELY A POINT ON THAT
06:31 - COOK, NICE ABILITIES. IT'S ALL
06:33 - OF YOU THAT THE COURT HAS BEEN
06:35 - INCONSISTENT. BUT NOW WE'VE GOT
06:37 - ALL BALL
06:38 - HAMILL THERE IS AN OPPORTUNITY
06:40 - ONCE AND FOR ALL TO
06:42 - SPECIFICALLY TO FIGHT THE
06:44 - POSITION OF PENNSYLVANIA AND
06:46 - JUST THE APPELLANTS A POSITION
06:48 - THAT SHOULD BE TO RECOGNIZE THE
06:50 - COURSE OF ACTION. 4
06:52 - TORCHES INTERFERENCE BY THE
06:55 - PARTY IN THE EMPLOYMENT
06:56 - CONTEXT.
07:01 - MENTION TO THE PANEL AND IT
07:03 - SEEMS LOGICAL. AND INDEED.
07:06 - COACH AIM TO CUT IT THAT A
07:09 - PENNSYLVANIA LAW.
07:12 - RECOGNIZES A COURSE OF
07:13 - ACTION FOR RUSSIA'S
07:15 - INTERFERENCE BY THE PARTY FOR
07:16 - PROSPECTIVE ECONOMIC. RELATIONS
07:19 - OR EVEN EMPLOYMENT RELATIONS
07:21 - BUT DOES NOT RECOGNIZE SUCH A
07:23 - COURSE OF ACTION
07:24 - WHEN THERE IS ACTUALLY AN
07:26 - EXISTING CONTRACT. AND IT SEEMS
07:30 - SHOULD BE AND INDEED THERE
07:33 - IS EVIDENCE AND AUTHORITIES IN
07:35 - PENNSYLVANIA FOR THE
07:36 - RECOGNITION OF SUCH OF COURSE
07:38 - IT BACK AND IN THAT REGARD.
07:42 - I WILL REFER TO THE CASE SCHOOL
07:45 - SUCH AS IT IS AND I KNOW YOU'RE
07:47 - ON THE SUPER COMMITTEE WITH IT.
07:48 - BUT I
07:49 - WOULD NOTE THAT'S COOL BEFORE
07:52 - YOU CAN USE WHICH REFERENCES
07:54 - THE HENNESSY CASE APPEARS TO BE
07:57 - THE LAST INCARNATION
07:59 - ALL THE SUPERIOR COURT'S VIEW
08:02 - ON THIS MATTER. I WOULD ARGUE
08:05 - THAT THE SHAPIRA
08:07 - COURT A FAILED TO
08:08 - PROPERLY RECOGNIZE. THE
08:10 - PENNSYLVANIA SUPREME COURT'S
08:12 - ADOPTION.
08:14 - ALL OF THE
08:15 - RESTATEMENT OF SECOND OF COURSE
08:17 - IS THIS AS SPECIFICALLY SECTION
08:19 - 7, 6, 6, AND
08:21 - 7, 6, 7, WHICH ARE ACCURATE
08:24 - IMPORTANCE OF PENNSYLVANIA LAW.
08:27 - THEY FAIL TO RELY
08:28 - ON IT WHEN CAN STEALING THAT
08:30 - OCEAN TO ITS CLAIMS.
08:32 - 7, 6, 6, COMMENTS
08:34 - 3 OF 4. SPECIFIC TO PROVIDE A
08:37 - PARTY FOR THE ELEMENTS OF A
08:39 - COURSE OF ACTION FOR
08:40 - INTENTIONAL IN FIT INTO BALANCE
08:42 - WITH AN EXISTING
08:43 - CONTRACTUAL RELATIONS, BUT
08:46 - RELATIONSHIP.
08:50 - THE NT OF SECTION
08:51 - 7, 6, 6, SUPPORT RECOGNITION OF
08:54 - TORTIOUS INTERFERENCE.
08:56 - FOR COURSE OF ACTION WITH AN
08:57 - EXISTING APP WILL INCLUDE
08:59 - NATION SHIP AND HENNESSY
09:01 - WE WENT ON IS NOT DEFINITIVE
09:03 - THE
09:03 - PENNSYLVANIA LAW BECAUSE IT HAS
09:05 - NEITHER BEEN ADOPTED WILL
09:06 - CLARIFY BY THE PENNSYLVANIA
09:09 - SUPREME COURT AND WITH RESPECT.
09:13 - YOU SAW POSITION THAT TENNESSEE
09:15 - REST ON A
09:16 - SHAKY FOUNDATION. AND THERE IS
09:18 - PRECEDENT AGAINST. NOW IN THE
09:21 - CASE OF YOU
09:22 - WHICH. BE SUPERIOR COURT LATER
09:25 - SAID THAT ITS STATEMENT IN
09:28 - RESPECT ALL THE PRESENTS ALL.
09:32 - AND
09:33 - INTERFERENCE WITH. AND EXISTING
09:36 - AT-WILL EMPLOYMENT RELATIONSHIP
09:37 - WAS ADDICTIVE. WE WOULD LAST.
09:42 - DID THE HENNESSY COURT LATER
09:44 - SAY THAT ITS STATEMENT
09:46 - ONLY 8. WHEREBY IT
09:48 - SPECIFICALLY STATES THAT
09:51 - PENNSYLVANIA RECOGNIZE THE
09:54 - COURSE OF ACTION. 4 THE TALKING
09:57 - TO PARENTS.
09:58 - WITH. AND AT WILL EMPLOYMENT
10:00 - CONTRACT WENT INTO PLACE TO SAY
10:03 - BUT THAT WAS DUE TO THAT'S NOT
10:05 - TRUE. A FURTHER IT'S NOT CLEAR.
10:08 - WHY THEY WOULD NOT BE SUCH A
10:10 - COURSE OF ACTION
10:12 - IN PENNSYLVANIA. AND IT APPEARS
10:14 - THAT ALL THE ELEMENTS OF THAT.
10:18 - AND COULD NICE DOUBLE COURSE
10:20 - OF ACTION IS NEED ASSISTANCE OF
10:21 - A CONTRACT TO
10:23 - A RELATIONSHIP.
10:25 - EMPLOYMENT UNEMPLOYMENT
10:27 - RELATIONSHIP IS INDEED A
10:29 - CONTRACTUAL RELATIONSHIP WILL
10:30 - BE IT AND THAT
10:32 - WILL RELATIONSHIP AND
10:34 - PURPOSEFUL ACTION BY THE
10:35 - DEFENDANT SPECIFICALLY INTENDED
10:37 - TO HOLD AN EXISTING INTENDED TO
10:40 - PREVENT PERSPECTIVE
10:42 - RELATIONSHIP FROM OCCURRING.
10:44 - IS AN ELEMENT OF THIS CASE AND
10:46 - INDEED BE AN ELEMENT OF ANY
10:47 - CASE. THE CONSTITUTION TO
10:49 - PARENTS AND THEN THERE'S THE
10:51 - ABSENCE OF PRIVILEGE WILL JUST
10:53 - GET A SHOW ON THE PART OF THE
10:55 - DEFENDANT AND OBVIOUSLY LEGAL
10:57 - SAMMY, THE PLAINTIFF. AS A
10:59 - RESULT OF THE
11:00 - DEFENDANT'S CONDUCT. I MISS THE
11:03 - COMMENT THAT WE'RE AT THE POINT
11:04 - NOW WHERE WE'RE GOING TO ASK
11:05 - THE JUDGES IF THEY HAVE
11:06 - QUESTIONS AND I I DO BELIEVE
11:07 - JUDGE BENDER HAS A QUESTION.
11:12 - >>I KNEW THIS OUT.
11:21 - >>SURE I HAD A QUESTION ABOUT
11:23 - IT.
11:24 - THE STATUS.
11:25 - >>OF ME AND IN RELATION TO
11:28 - DREXEL. IN
11:30 - THE EVENT. YOU YOU WILL
11:32 - BE PERMITTED TO PROCEED AGAINST
11:35 - A YEAR. WOULD
11:36 - THERE BE AND THEN THE PATIENT
11:39 - OF HER BY DREXEL. AND
11:44 - YOU HAVE YOUR OWN THANK YOU SO
11:45 - MUCH I DON'T BELIEVE THEY I
11:48 - BELIEVE THIS WOULD BE LIKE IN
11:49 - THE OF THE INTENTIONAL TORT.
11:53 - WHO WOULD BE.
11:56 - WOULD BE THE CONSEQUENCES OF
11:58 - THE ACTION OF TO FIX THAT
12:00 - THAT INDIVIDUAL BE AN EMPLOYEE
12:02 - OR NOT. SO I BELIEVE THAT ALL
12:04 - THE MEN WOULD BE INDEPENDENT
12:06 - MADE LIABLE. I WILL SUE BELIEVE
12:08 - THAT IT WOULD BE IMPROPER.
12:11 - FOR. AND TO BE ABLE TO ALL
12:14 - OF YOU THAT SHE WAS AN AGENT.
12:17 - ALL DREXEL WHEN IN FACT.
12:20 - SHE ACTED SOLELY FROM HER OWN
12:24 - IN TENSION, IMPROPERLY
12:26 - AND POSSIBLY QUITE TO GAIN
12:27 - STEAM AS THE DREXEL. SO THAT
12:30 - WOULD BE MORE POSITIONS ON.
12:31 - >>WHO WHO THOUGH THE A QUESTION
12:34 - AND INDEMNIFICATION THIS IS
12:36 - SOMETHING THAT WE WOULD HAVE
12:37 - LEGALLY DETERMINED
12:39 - BY GASTON'S THAT MAY AND HAS A
12:42 - RELATIONSHIP A CONTRACT WITH
12:44 - DREXEL.
12:46 - GENERALLY ASIANS OR BEEN FIRED
12:49 - BY THEIR CORPORATE ENTITIES AT
12:51 - LEAST IN THE BOARD OF
12:52 - DIRECTORS IN OFFICERS OF THE
12:54 - CORPORATION, SO WHY WOULD THAT
12:56 - BE ANY DIFFERENT HERE. IT'S
12:58 - NOT SOMETHING
13:00 - WE WOULD KNOW THEY WOULD GO AND
13:02 - I'M SURE IT COULD BE DETERMINED
13:03 - BY DISCOVERY.
13:05 - BUT I AND GETTING HERE IS.
13:09 - IF THERE ISN'T GIVEN TO
13:11 - PATIENTS WOULDN'T THIS BE AN
13:13 - END RUN ARE ALL THE APPS WILL
13:15 - DOCTRINE ASKED TO BREXIT.
13:23 - >>IT.
13:24 - THE APPELLANT IS GOING TO ARGUE
13:26 - AS THEY DO IN THIS CASE.
13:27 - THE DAWN OF MAN. I
13:29 - ACTED INTENTIONALLY. AND
13:31 - SPECIFIC TO HER OWN INTERESTS.
13:34 - MALICIOUSLY OR OTHERWISE
13:36 - I I THINK IT WOULD BE UNFAIR
13:38 - AND IMPROPER A FORT ON A MAN'S
13:41 - ACTIONS TO BE LAID AT THE FEET
13:43 - OF DREXEL HER EMPLOYER. AND.
13:48 - I
13:49 - IT'S MY VIEW BUT FROM A LEGAL
13:50 - STANDPOINT WITH RESPECT TO
13:52 - AGENCY ALONE. I AND WAS NOT ACT
13:56 - 2 ON BEHALF.
13:58 - ALL
13:58 - ATTRACTIONS INTEREST WHO'S
14:00 - ACTING OUTSIDE THE POWER ULTRA
14:03 - VIRUS AS IT WERE OUTSIDE THE
14:05 - POWERS GIVEN TO HER AS AN AGENT
14:07 - AND AS SUCH IS HERSELF AS
14:10 - LIABLE AS SHE
14:11 - WOULD BE WITH THIS AND THE
14:13 - OTHER INTENTIONAL TORT.
14:15 - SO IT THAT'S NOT THAT'S WHY
14:17 - POINTS. NORTH THE PROBLEM WITH
14:19 - THAT IS YOU'RE MAKING THIS
14:20 - ASSUMPTION THAT SHE'S OUTSIDE
14:24 - >>HER. AXEL
14:26 - WHEN IN FACT SHE IS LOSE AT WHO
14:28 - AND WHAT HIGH TO DO WHICH IS
14:31 - SUPERVISING TO ACT.
14:33 - I'VE BEEN EMPLOYING THESE THINK
14:36 - THAT WOULD BE WITH IN
14:37 - THE SKY OF HER DUTIES AS AN
14:40 - EMPLOYEE JACKSON AND THEREFORE
14:42 - AN AGENT AND THEREFORE IN
14:45 - THE CASE.
14:46 - >>UNDER THOSE CIRCUMSTANCES YOU
14:48 - WANT IT WOULD BE QUITE CORRECT
14:49 - AND UNDER THOSE CIRCUMSTANCES
14:51 - SCHOOL SO THE APPELLATE WOULD
14:52 - NOT HOW THE COURSE OF ACTION
14:54 - AGAINST HIM. THE ENTIRE BASIS
14:57 - OF THE COURSE OF ACTION AGAINST
14:59 - THIS MAN IS
14:59 - ON THE IT IS BY VIRTUE OF HER
15:01 - OWN MALICIOUS ACTIONS AGAINST
15:04 - THE APPELLANT. WITHOUT
15:06 - REFERENCE TO. I'M JOB DUTIES
15:10 - GIVEN TO BUY DRUGS. SO IN OTHER
15:13 - WORDS IF INDEED, THE FACTS ARE
15:15 - AS YOU SAY THAT SHE WAS ACTING
15:18 - AS AN AGENT
15:19 - OF DREXEL. THEY KNOW HE'S
15:20 - ABSOLUTELY CORRECT AND THEY
15:22 - WOULD NOT BE A CAUSE OF ACTION
15:23 - THAT WOULD LIVE IN FAVOR OF THE
15:26 - APPELLANT IN THIS CASE BECAUSE
15:27 - THE DEFENSE WOULD SIMPLY SAY
15:30 - SHE WAS SIMPLY DOING HER JOB,
15:31 - SHE'S NOT ACTING ON HER OWN
15:33 - SPECIFIC, THE HAWK.
15:34 - SHE'S NOT A SPECIFIC OUTSIDE
15:37 - THE PARTY ATTEMPTING
15:38 - TO INTERFERE WITH THE
15:40 - CONTRACTUAL RELATIONSHIP
15:41 - BETWEEN EXCELLENT MISS SALZBURG
15:43 - AND THEREFORE THAT IS NO AND
15:45 - CANNOT BE. AND THE COURSE OF
15:47 - ACTION IN FAVOR OF MISS
15:49 - SALTZMAN THE BACK TO OWN A.
15:51 - WE DO THAT YOU WANT TO BE A
15:52 - MATTER OF FACT FOR TERRY TO
15:54 - DETERMINE.
15:59 - ONE OF THE REASONS
16:00 - I RAISE.
16:01 - >>I THINK WITH THAT WE GO NOW
16:03 - TO JUDGE THE BO WHO HAS A
16:04 - QUESTION.
16:11 - ALL RIGHT TO THE
16:12 - SECOND TIME.
16:13 - >>I KNOW YOU TOUCHED ON THIS,
16:15 - BUT I JUST WANTED YOU TO FLESH
16:17 - OUT THIS ISSUE BECAUSE THE
16:18 - ACT TELE ARGUES THAT THERE IS
16:21 - NO CONTRACT
16:23 - BETWEEN DREXEL AND YOUR CLIENT.
16:26 - HE KNEW
16:27 - FLESH OUT WHAT THE CONTRACT
16:29 - IS OHIO. YEAH, WE'LL AND GOING
16:32 - IN.
16:35 - IS PART OF THAT CONTRACT WILL
16:36 - NOT PUT IT BACK ON TRACK.
16:41 - >>SUPREME COURT HAS RECOGNIZED
16:44 - I BELIEVE THAT THAT IS INDEED A
16:46 - CONTRACT. BETWEEN THE EMPLOYEE
16:50 - AND
16:50 - THE EMPLOYER. THAT DOES NOT
16:52 - MEAN THAT THERE IS NOT A
16:54 - CONTRACT THAT WILL BUT EITHER
16:56 - ONE CAN TERMINATE. THE
16:59 - EMPLOYMENT RELATIONSHIP.
17:00 - BUT THE VERY FACT THAT THERE IS
17:01 - A RELATIONSHIP. SUGGESTS THERE
17:04 - IS INDEED AN AGREEMENT BETWEEN
17:07 - THE PARTIES THAT AGREEMENT IS
17:09 - SIMPLY THAT THE EMPLOYEE WILL
17:11 - DO THE WALK A JOB IN THE
17:13 - PROPER FASHION AND THE EMPLOYER
17:15 - WILL PAY HIM FOR ME. ON THE
17:17 - GREEN PHASE AND THAT DOESN'T
17:19 - HAVE TO BE A WRITTEN AGREEMENT
17:21 - THAT TO BE A CONTRACT IN THIS
17:23 - RECALL AND CERTAINLY
17:25 - AN EMPLOYEE AND IS UNDER
17:28 - THE EXPECTATION THAT NO 3RD
17:29 - PARTY WITH TORTIOUS LEAN TO
17:31 - FEAR WITH WITH THAT
17:32 - RELATIONSHIP.
17:36 - IT'S CLEARLY A CASE.
17:39 - RHYS RESPECTIVE DUE TO HIS
17:42 - OWN RIGHTS
17:43 - AND THAT ONE WOULD EXPECT IN
17:45 - ANY CONCEPT AND EXIST IN THIS
17:47 - ONE WILL SLIP.
17:49 - >>ASPECT OF THESE NEARLY GOES
17:51 - TO THE TERMINATION CLAUSE, I'M
17:53 - DETERMINED JUST
17:54 - YOUR OWN ABSOLUTELY INTO
17:55 - DAMAGES AND THE DAMAGES ISSUE
17:57 - WAS ADDRESSED I THINK BY.
18:01 - >>THE RESTATEMENT OF TALKS IN
18:02 - IN 7, 6, 6, GIVE
18:05 - IT. IT IS THE THE OTHER ISSUE
18:07 - IS THAT AND CLEARLY.
18:11 - IF THE EMPLOYEES
18:13 - NOT PAY. THE EMPLOYEE HAS A
18:15 - CAUSE OF ACTION AGAINST THE
18:16 - EMPLOYEE, HOW COULD THAT
18:17 - POSSIBLY BE IF THERE WAS NO
18:19 - CULTURE.
18:23 - >>AND I DO BELIEVE JUST THE
18:24 - BILL NOW HAS QUESTIONS.
18:31 - HAPPEN
18:31 - TO YOU.
18:35 - >>THANK YOU GOOD
18:36 - MORNING COUNCIL. I WOULD ALSO
18:39 - THE RATIONALE IN THE HENNESSY
18:40 - DECISION ON
18:42 - AND NOT FINDING A CAUSE OF
18:43 - ACTION IS THAT IT FOUND THAT
18:45 - THERE WAS NO CONTACT BETWEEN
18:46 - THE PARTIES YOU INDICATED,
18:49 - AND EVEN IN WHICH APPLE, THERE
18:51 - IS A CONTRACT.
18:52 - ALL. ALL YOUR CHOIR PERFORM
18:55 - SERVICES AND SHE GETS PAID IN
18:57 - RETURN. IT JUST SO HAPPENS THIS
18:59 - IS A CONTRACT HAS A TERMINATION
19:01 - PROVISION THAT SAYS IT COULD BE
19:03 - TERMINATED AND HE TAUGHT
19:05 - AND THAT DOESN'T DEFEAT THE
19:06 - FACT THAT A CONTRACT AND JUST
19:08 - THIS WEEK WITH FOOTBALL BETWEEN
19:09 - THE PARTIES. I CORRECT IN YOUR
19:11 - POSITION YOU ARE ABSOLUTELY
19:12 - CORRECT YOU'RE OKAY, LET ME ASK
19:14 - YOU THIS HAVE
19:15 - YOU CONSIDERED.
19:16 - >>IN TERMS OF FALSE IMMIGRATION
19:18 - CAUSE OF ACTION.
19:21 - THE MEAL FIRST AMENDMENT RIGHT
19:23 - TO PETITION FOR REDRESS OF
19:24 - GRIEVANCES. I BELIEVE IT HAS
19:27 - BEEN CONSTRUED TO INCLUDE THE
19:28 - WIFE TO FILE A LAWSUIT.
19:31 - IF ALL THE CONSTITUTION
19:32 - PROTECTS CONTRACTUAL RELATIONS.
19:35 - WOULD NOT THE RIGHT TO
19:36 - PETITION, THE GRIEVANCES TO
19:38 - MOSUL NATIONS BE PROTECTED AND
19:41 - WOULD BE A LOT BE OBLIGED TO
19:42 - PROVIDE A CAUSE OF ACTION FOR
19:44 - THAT.
19:45 - I CONSIDER THAT I
19:47 - HOLD OUT. I'M LOOKING UP FOR
19:49 - SOME ADDITIONAL BASES HERE A
19:51 - HOME WHICH WE HAVE TO STAY
19:52 - THERE IS A CAUSE OF ACTION.
19:55 - YOUR LIFE, I'M A I
19:57 - NOT SURE THAT THE TENNESSEE
19:59 - COURT ACTUALLY SPECIFICALLY
20:01 - STATED.
20:02 - >>THAT WAS NO CONTRACT. MY
20:03 - READING IS THAT KIDS BUT THERE
20:05 - WAS NO PRECEDENT AND IT WAS THE
20:07 - PRECEDENT THAT.
20:10 - WAS PERSUASIVE IN
20:11 - THIS CASE WITH REGARD TO THE
20:13 - SPIRIT COURT MOVED
20:14 - DECIDING THAT. THEY'LL WHEN NOT
20:17 - GOING TO RECOGNIZE THE COURT
20:18 - WAS THAT A NEW COURSE OF
20:20 - ACTION.
20:22 - BUT IT STRIKES ME THE ISSUE IS
20:25 - DISCREET IN AND OF ITSELF
20:27 - AND THE ONLY ISSUE BEFORE THE
20:29 - COURT QUITE SIMPLY IS THAT
20:32 - OUR PATIENTS. ALL OF US.
20:34 - SUCH A COURSE OF ACTION
20:36 - ACTUALLY EXISTS IN OTHER WORDS
20:39 - WITH THE PENNSYLVANIA LAW.
20:42 - HIS STUFF, IT'S JUST ME.
20:43 - AND NICE POLICE IF A SUFFICIENT
20:46 - AUTHORITY IF YOU WILL TO
20:48 - RECOGNIZE SUCH A COURSE OF
20:49 - ACTION. I DO NOT REGARD.
20:51 - A NEW COAT WITH YOU. BUT THEY
20:53 - MOST CERTAINLY IS AND THE BASIS
20:56 - OF OF THAT WOULD
20:57 - BE NOT ONLY THE EXISTENCE OF
21:03 - IT HAS ALREADY BEEN DEALT WITH,
21:04 - BUT THE OTHER ISSUE IS THE.
21:07 - I TALKED TO THE PENNSYLVANIA
21:08 - SUPREME COURT OF THE
21:09 - RESTATEMENT. AND THAT
21:11 - CERTAINLY SEEMS TO BE A
21:13 - SUFFICIENT BASIS WHICH THIS
21:16 - COURT COULD THE LAW.
21:19 - IN TERMS OF DETERMINING THAT
21:20 - THAT IS A COURSE OF ACTION THE
21:22 - OTHER ISSUE YOU'RE ON A WOULD
21:24 - BE THE VERY ELEMENTS OF THE OF
21:26 - THE TRAIN.
21:28 - THE ACTUAL EXISTENCE OF A
21:30 - CONTRACTUAL RELATIONSHIP AND
21:32 - THERE. ALL HAS TO ACCEPT THAT
21:34 - THAT IS A CONTRACTUAL
21:36 - RELATIONSHIP, THEN IT SEEMS
21:38 - THAT THE OTHER.
21:43 - YOU KNOW PURPOSEFUL ACTION BY
21:45 - THE DEFENDANT TO SPECIFICALLY
21:47 - INTENT TO HARM.
21:48 - THE EXISTING EMPLOYMENT
21:50 - RELATIONSHIP OR INTENDED
21:51 - TO PREVENT. THE EXISTING
21:54 - EMPLOYMENT RELATIONSHIP IN THE
21:55 - ABSENCE OF A PRIVILEGE AND THE
21:57 - DAMAGE TO THE FRONT OF ITS
21:58 - CENTER AND THOSE WOULD SEEM TO
22:00 - FLOAT LOGICALLY FROM BACK
22:02 - ISSUES. ALL RIGHT
22:03 - THANK YOU.
22:05 - >>MAY I GET INVOLVED IS THE
22:07 - COMMON YOUR 15 MINUTES ARE
22:08 - ACTUALLY UP NOW.
22:10 - JUDGE NICHOLS WOULD LIKE TO ASK
22:11 - THE QUESTION SO WE'RE GOING TO
22:12 - END THE IMPACTS ARGUMENT WITH A
22:14 - QUESTION BY JUDGE NICHOLS I
22:16 - CAN.
22:21 - VERY VERY QUICKLY.
22:25 - >>MONDAY, THEN JUST
22:26 - 20 JUSTICE, YES, THIS MONDAY,
22:28 - THE SENATE AND HIGH CASE A
22:30 - DETERMINED A CAUSE OF ACTION
22:31 - FOR CONTRACT INTERFERENCE
22:32 - COULD LOT. 4 AT ONE POINT AND
22:35 - SHE REFERRED TO THE CORE
22:36 - AND KIDS. THEY RELY ON A
22:39 - COMMENT TO THE STATEMENT HAD
22:41 - BEEN FORMALLY ADOPTED BRANDS
22:42 - INCLUDE SO THERE IS PRECEDENT
22:44 - THERE AND IN VERY QUICKLY.
22:47 - MY SECOND QUESTION THEY'RE KIND
22:48 - OF BOOST TODAY ISN'T THE
22:50 - ARGUMENT HERE. MY UNDERSTANDING
22:52 - KELLY'S ARGUE NOT THAT THERE
22:54 - WAS NO TIME FOR A QUICK SALE.
22:56 - THE ARGUMENT. YEAH. IT AND
23:00 - WAS ACTING AS THE AGENT OF
23:02 - DREXEL THEREFORE,
23:04 - A PARENT CAN PREVAIL BECAUSE
23:05 - THE PARTY CAN'T NOT CANNOT
23:07 - INTERFERE WITH THAT WHOLE
23:08 - CONTRACT. NOT THAT THERE'S NO
23:09 - CONTRACT. BUT THAT THIS BAN IS
23:12 - A AGENT GREG SCHOOL, NOT
23:15 - INTERFERE WITH HER OWN.
23:17 - CONTRACT.
23:19 - IS IT IS A DEADLY MISSION HERE
23:20 - NOT SO MUCH IS NO CONTRACT.
23:22 - AND I'M TRYING TO RECONCILE
23:24 - WITH CONDIT AND HIS TEAM RIGHT.
23:28 - >>YEAR. THE UPCOMING WOULD BE
23:30 - ABSOLUTELY CORRECT THAT IN
23:32 - THE EVENT THAT MISS MAN WAS IN
23:34 - DEEP ACTING AS AN AGENT OF
23:36 - DREXEL IN THE CAPACITY TO A
23:39 - PARTY AND NOT OUTSIDE. UNDER
23:41 - THOSE CIRCUMSTANCES. IT'S TRUE
23:44 - THE APPELLANT WOULD HAVE NO
23:45 - CASE. YOU CALL IT ONLY HAS
23:47 - ODDS. IF SHE CAN SHOW.
23:50 - THAT MISS MAN WAS ACTING
23:51 - OUTSIDE OF HER FOR IT THAT
23:53 - MEANS ON THEIR OWN BEHIND.
23:56 - AS A SEPARATE INDIVIDUAL 3RD
23:59 - PARTY WITH HER OWN A SEPARATE
24:01 - AGENDA. WHO WAS NOT
24:04 - ONE. THAT WAS AUTHORIZED BY
24:07 - HER EMPLOYER. SO UNDER THOSE
24:09 - CIRCUMSTANCES ONLY WORDS THE
24:12 - APPELLATE PUBLIC CASE
24:14 - AND WHETHER THAT WAS NOT THE
24:16 - CASE RESPECTFULLY. WE WOULD
24:18 - ARGUE THAT THAT WOULD BE A
24:19 - QUESTION FOR A JURY TO
24:21 - DETERMINE A CEILING. BUT YOU'RE
24:23 - ON THIS DETERMINED THERE IS A
24:24 - COURSE OF ACTION THAT WOULD
24:26 - OBVIOUSLY BE A PRE TESTING TO
24:29 - TO HER BEING COMMITTED TO
24:30 - OUR KEEP I THINK IT IS THE
24:32 - COMMON.
24:33 - >>WELL WITH THAT WE'RE GOING TO
24:34 - TURN TO THE APPLE. LEE'S
24:35 - ARGUMENT AND THAT TODAY IS ARE
24:37 - YOU READY READY OR NOT. WELL
24:39 - YOU
24:39 - MAY PROCEED.
24:40 - >>THE MORNING OR I DIDN'T
24:41 - REALLY PLEASE THE COURT MONEY
24:42 - MACHINE THAT IS NOT
24:43 - REPRESENTATIVE BILLY DOWN IN
24:44 - ANY MATTER. I SUBMIT TO THE
24:47 - COURT OF COMMON PLEAS. SUMMARY
24:49 - JUDGMENT ON APPELLANTS
24:51 - INTENTIONAL DIFFERENT WEREN'T
24:52 - ACTUALLY SAYS CLAIM BECAUSE
24:54 - PENNSYLVANIA LAW SIMPLY DOES
24:55 - NOT PERMIT THE CAUSE OF ACTION
24:57 - FOR INTENTIONAL INTERFERENCE
24:58 - WILL CONGRATULATIONS IN THE
24:59 - CONTEXT OF THE PRESENTLY
25:01 - EXISTING PLANT RELATIONSHIP AND
25:04 - THAT IS SIMPLY BECAUSE. WE'LL
25:07 - INCLUDE THE CREATION SHIP
25:08 - CAN SEVER THAT RELATIONSHIP AT
25:10 - ANY TIME FOR ANY REASON.
25:12 - THERE IS NO CONTRACT BETWEEN
25:14 - THE 2. HERE IS ONE
25:15 - RELATIONSHIP, HOWEVER, THE
25:17 - HEART OF THE ACTION.
25:20 - CONTRACT. CONTRACT.
25:24 - AT LEAST EXPECT THE DECISION IS
25:26 - IN LINE WITH TENNESSEE.
25:28 - IT IS ALSO IN LINE WITH HAN WE
25:29 - DO RECOGNIZE THAT THERE WAS A
25:31 - A BIG LIST DISSENT BY JUSTICE
25:33 - MONDAY IN THE WHOLE CASE.
25:34 - BUT THEY JUST AS MONDAY DID.
25:37 - DID HIGHLIGHT THAT THE
25:38 - PENNSYLVANIA SUPREME COURT
25:39 - HAS ADOPTED A RECEIPT SECTION
25:41 - 76 OF THE RESTATEMENT SECOND OF
25:43 - TORTS ALSO NOTED THAT
25:45 - THE LANGUAGE IN COMMON GENE
25:47 - THAT SUGGEST THAT PERHAPS THIS
25:49 - CAUSE OF ACTION CAME ALIVE.
25:51 - IN THE CONTEXT OF THE PRESENTLY
25:52 - AT WILL EXISTING RELATIONSHIP
25:55 - HAS NOT BEEN FORMALLY ADOPTED
25:57 - BY THE SUPREME COURT.
25:58 - TODAY, I'M LOOKING AT NEW CASE
26:00 - THAT SUGGEST THAT THIS COMMENT
26:01 - TO THE RESTATEMENT HAS BEEN
26:03 - ADOPTED BY THE PENNSYLVANIA
26:04 - SUPREME COURT THAT COMMENT IS
26:06 - PERSUASIVE AUTHORITY IS NOT
26:08 - BINDING UNTIL THE SUPREME COURT
26:10 - ADDRESSES IN COURT 3 TO 2.
26:12 - BODY OF CASE LAW. SO UNDER THE
26:14 - CURRENT CASE LAW AS IT STANDS.
26:16 - THERE'S SIMPLY NO CAUSE OF
26:17 - ACTION FOR INTENTIONAL
26:19 - INTERFERENCE WITH THE PRESENTLY
26:20 - EXISTING BILL CLINTON REALLY
26:22 - SHOULD EITHER PARTY CAN SEVER
26:24 - THAT RELATIONSHIP AT ANY TIME
26:25 - FOR
26:25 - ANY REASON AND IN THIS
26:27 - PARTICULAR CASE DONNA MEAN WAS
26:29 - HIRED BY GRATEFUL TO DO EXACTLY
26:32 - THAT SHE DID. IN THIS SITUATION
26:34 - TO SUPERVISE
26:36 - CASTLE DIRT FOR 5 CRITICISM OF
26:38 - HER WORK PROVIDE WERE IF
26:40 - NECESSARY WHEN SHE IDENTIFIED
26:42 - WITH WOMEN'S ISSUES IN HER
26:43 - WORK. SHE PLACED ON A
26:44 - PERFORMANCE IMPROVEMENT CLAIMED
26:46 - YOU ARE
26:47 - THESE ACTIONS ARE UNIQUELY THAT
26:48 - WHAT ONE WOULD EXPECT POLICE
26:50 - SUPERVISOR. I THINK IN THE WAY
26:52 - THAT DONNA MAN.
26:54 - THERE WAS NO 3RD PARTY BECAUSE
26:56 - DOWN A MAN WAS ACTING AS AN
26:57 - AGENT OF DRESSEL DREXEL AS AN
26:59 - INSTITUTION CAN NOT SUPERVISE
27:01 - AND YOU KNOW AT THE ENTITY.
27:03 - YOUR EMPLOYEES SUCH AS DONNA ME
27:05 - TO PERFORM HIS DUTIES IN
27:08 - PERFORMING THESE DUTIES, JOHNNY
27:09 - WAS
27:10 - UNIQUELY IN AGENT OF DREXEL
27:12 - UNIVERSITY VEHICLE THERE WAS NO
27:13 - 3RD PARTY WHICH TO INTERFERE IN
27:15 - TO THE CONTRACT.
27:17 - I KNOW THAT MY SON COLLEGE IN
27:19 - CULLMAN POINTED OUT THAT SHE
27:20 - WAS ACTING OUTSIDE THE SCHOOL.
27:22 - HER EMPLOYMENT, NOTHING IN THE
27:24 - RECORDS SUGGEST THAT SHE WAS
27:25 - ACTING OUTSIDE OF THE SCHOOL
27:26 - CAN WIN IT. THE
27:27 - ACTIONS THAT DONNA MAN TOOK
27:29 - WERE UNIQUELY WITHIN THE SCOPE
27:30 - OF WHAT WE WOULD EXPECT.
27:32 - THE SUPERVISOR IS TO REVIEW AN
27:34 - EMPLOYEE'S PERFORMANCE. WHY
27:36 - CHRIS IS WHERE WHERE
27:37 - APPROPRIATE I PRAISE WORK OR
27:39 - PRI, AND WHERE YOU HAVE A 55%
27:42 - OF ISSUES SEEK TO ADDRESS LOCAL
27:44 - POLITICIANS NICHOLS ARE NOT
27:45 - ADDRESSED. ULTIMATELY
27:46 - ULTIMATELY MAKE THE DECISION TO
27:48 - TERMINATE THAT EMPLOYEE AND
27:49 - THAT IS WHAT HAPPENED IN THE
27:50 - SITUATION.
27:54 - THANK YOU VERY MUCH, BUT YOU
27:56 - NEED TODAY IS.
27:57 - >>THE FIRST JUDGE WILL HAVE A
27:58 - QUESTION IS JUST TO
28:01 - THANK YOU LOVE YOU. JAY GOOD
28:03 - MORNING COUNCIL. WELL SO LET ME
28:05 - ASK YOU A PENNSYLVANIA
28:07 - LAW RECOGNIZES A CAUSE OF
28:09 - ACTION FOR INTERFERENCE WITH
28:11 - PROSPECTIVE RELATIONS AND
28:13 - SIMPLE CHARGING TO PARENTS WITH
28:15 - A CONTRACT THAT IS YET TO COME
28:17 - INTO BEING WHY WOULD WE NOT
28:19 - RECOGNIZE THE CALLS FOR ACTION
28:20 - FOR INTERFERENCE WITH AN
28:22 - EXISTING CONTRACT OVER WHAT
28:24 - LOGIC WE ACCEPT THE FORMER BUT
28:26 - NOT THE LATTER.
28:30 - >>WE WOULD
28:30 - NOT ACCEPT THE CAUSE OF ACTION
28:32 - FOR INTERFERENCE WITH THE
28:33 - CURRENTLY EXISTING CONTRACT
28:34 - BECAUSE YOU CAN LEAVE EITHER
28:36 - PARTY CAN SEVER THAT
28:37 - RELATIONSHIP WITH A PROSPECTIVE
28:39 - CONTRACT. THE PARTIES HAVE NOT
28:41 - YET HAD NOT HAPPENED TO BE THE
28:42 - CONSUMMATE THAT RELATIONSHIP.
28:44 - SO MY MY
28:46 - UNDERSTANDING OF IT MY READING
28:48 - OF IT, ALTHOUGH IT'S NOT WITHIN
28:49 - THE CASE WAS THAT THE PARTIES
28:50 - HAVE NOT YET HAD AN OPPORTUNITY
28:52 - TO ACTUALLY BEGIN
28:53 - THAT RELATIONSHIP AND THE OTHER
28:55 - SCENARIO, THE PARTIES ARE READY
28:57 - WITHIN THE RELATIONSHIP OF
28:58 - EITHER PARTY CAN DECIDE TO
28:59 - SEVER THAT RELATIONSHIP ANY
29:00 - TIME FOR ANY REASON.
29:02 - >>I QUESTION THIS WAS ALL I
29:05 - BELIEVE THROWN OUT AT THE
29:06 - COMPLAINT STAGE. WHY DID SHE
29:08 - COMPLAIN AT THIS POINT IN TIME.
29:11 - STATUS THE AGENCY QUESTION AS A
29:13 - FACT QUESTION PREVENTING ANY
29:15 - JUDGMENT AT THIS TIME BY THE
29:16 - COURT.
29:19 - >>MY APOLOGIES ARE LOOKING TO
29:20 - BE THE QUESTION. YEAH, SURE.
29:22 - THE COURT THREW THIS OUT AT THE
29:24 - PLEADING STAGE. YOU TALK
29:26 - ABOUT AGENCY
29:30 - AGENCY TELL ME
29:31 - WHY AGENCY IS NOT A FACTUAL
29:33 - QUESTION IN THIS CASE TO BE
29:34 - DECIDED BY A JURY.
29:37 - AND NOT ONE THAT THE COURT
29:38 - CONTROL AT THIS STAGE OF THE
29:39 - PROCEEDINGS.
29:40 - >>I DON'T THINK THAT THERE'S
29:41 - ANY DISPUTE AS TO WHETHER DOWN
29:43 - A MAN WAS ACTING IN REAL
29:44 - DISPUTE, THIS BRITISH IS ACTING
29:46 - AS AN AGENT. SHE WAS HIRED BY
29:47 - DREXEL TO MANAGE THE TAX
29:50 - DEPARTMENT AND THAT'S WHAT SHE
29:51 - WAS DOING. I DON'T THINK
29:52 - THERE'S ANY DISPUTE THAT A
29:53 - SUPERVISOR. THE ALLEGATION
29:59 - SHARES THAT WHAT SHE WAS DOING
30:01 - WAS TORTIOUS LEAD TO HEALING
30:03 - AND SHE WAS EXERCISING SOME
30:04 - SORT OF
30:05 - PERSONAL ANIMALS AGAINST THE
30:07 - PLAINTIFFS WITH THAT NOT TAKEN
30:09 - OUT OF THE AGENCY RELATIONSHIP.
30:11 - IT WAS A MATTER OF PERSONAL
30:13 - DISLIKE AS OPPOSED TO ACTING
30:14 - WITHIN THE SCOPE OF EMPLOYMENT.
30:16 - I WOULD AGREE THERE WAS ANY
30:17 - EVIDENCE THAT SHE WAS AT AND
30:19 - OUT OF ALL PERSONAL DISLIKE AND
30:20 - I SUBMIT THAT THE RECORD IS NOT
30:22 - AND IN ANY PERSONAL US
30:25 - THAT WOULD THE SUFFICE
30:26 - TO TAKE IT OUT OF THE AGENTS
30:27 - ARE ON THE RECORD AT THIS POINT
30:29 - IS THE PLEADINGS THE PLEADINGS
30:31 - AND DEPOSITION TESTIMONY, OKAY
30:33 - ALL RIGHT, THANK YOU. A JUDGE
30:35 - LAZARUS.
30:37 - THERE SHOULD BE A LIKELY AS MY
30:39 - QUESTION, BUT MY THOUGHT WAS.
30:41 - >>IF WE DETERMINE THAT THIS IS
30:42 - A COOL CONSIDERATION.
30:46 - THAT US TO IMPOSE.
30:54 - >>ASSUMING THAT THIS IS A TURN
30:55 - AND THIS IS A FACTUAL
30:57 - CONSIDERATION. I THINK AT THIS
30:58 - POINT. IF WE WANT THAT IS THE
31:01 - FACT THAT THIS IS SOMETHING
31:02 - THAT SHOULD HE SUBMITTED TO A
31:04 - JURY SAYS THE QUESTION OF FACT
31:05 - I SUBMIT THAT IT ISN'T A CLEAN
31:07 - FRACTURE DISPUTE. I THINK I
31:09 - UNDERSTAND YOUR POSITION.
31:10 - >>BUT IF WE THINK THAT
31:12 - THE ALLEGATION. IT'S A FUSE
31:14 - ACTING OUTSIDE WORLD FOR VIRUS,
31:16 - THE SCOPE OF
31:17 - THEIR EMPLOYMENT ACQUIRES A
31:19 - FACTUAL DETERMINATION FOR THE
31:20 - PURPOSES OF THIS LITIGATION.
31:22 - THE ONLY REMEDY THAT WOULD HAVE
31:24 - WOULD BE REMANDED TO MAKE THAT
31:25 - DETERMINATION REP.
31:38 - >>JUST TO BE ON JUDGE LAZARUS
31:39 - YES MY QUESTION, I'LL PASS.
31:43 - >>OKAY AND WHAT TODAY
31:45 - HOLD ON NO FURTHER
31:47 - QUESTIONS YOU STILL HAVE A
31:48 - LITTLE BIT OF TIME WHAT WOULD
31:49 - YOU LIKE TO OR ANYTHING
31:51 - LIKE THAT.
31:52 - >>YES I WHAT I WOULD ACTUALLY
31:53 - LIKE TO POINT OUT THAT BASED
31:54 - UPON THE RECORD OF THE
31:55 - DEPOSITION TESTIMONY ABLE PARIS
31:57 - OVER IN DONNA ME I DON'T THINK
31:59 - THERE'S ANY REAL DISPUTE DAY.
32:01 - THERE WAS SOME PERSONAL ANIMUS
32:04 - FOR THAT. DONNA MAN WAS
32:06 - POSSIBLY ACTING OUTSIDE THE
32:07 - SCHOOL OVER AGENCY. I DON'T
32:09 - THINK THERE'S ANYTHING IN THE
32:10 - RECORD HAS BEEN HIGHLIGHTED BY
32:12 - ALL A FELON THAT SUGGESTED SHE
32:14 - WAS ACTING OUTSIDE OF THE
32:15 - SCHOOL HER. DUTIES AT THE
32:17 - SUPERVISOR OF THAT AT THE PARKS
32:19 - DEPARTMENT MANAGING THE
32:20 - PERFORMANCE OF HER SUPPORT.
32:25 - WELL THANK YOU VERY MUCH.
32:30 - MISTER KAMENY REALLY DIDN'T
32:31 - RESERVE ANY TIME.
32:34 - >>WE DO STILL HAVE THIS IS RARE
32:36 - FOR AN INVITE POLICE STILL HAVE
32:38 - A MINUTE
32:39 - OR 2. WOULD ANY JUDGE HAVE A
32:41 - QUESTION THAT THEY LIKE TO ASK
32:42 - SORT OF JUST GIVE ME A GESTURE
32:44 - AND NOW CALL
32:45 - ON YOU, I'M JUDGMENTAL.
32:54 - JUDGE PENDING ON YOU.
33:00 - >>YOU SAY ALL
33:01 - WE HAVE HERE'S THE PLEADINGS
33:04 - AND THE DEPOSITION.
33:07 - IN THE DEPOSITION WAS
33:09 - THE RELATIONSHIP AND AND
33:12 - DREXEL.
33:17 - >>YES IN THE DEPOSITION YOU
33:18 - EXPLAIN TO DON A MAN WAS HIRED
33:20 - TO MANAGE THE TAX DEPARTMENT
33:22 - FOR DRUGS SO THAT EMPLOYMENT
33:24 - RELATIONSHIP OR SHE AND AS AN
33:25 - AGENT ON DREXEL WAS MADE VERY
33:28 - CLEAR THAT THEIR POSITIONS AND
33:30 - WAS THE
33:31 - CONTRACT DID SHE HAVE A
33:33 - CONTRACT AND WREXHAM ARE
33:35 - WRITTEN CONTRACT.
33:37 - >>WHEN YOU SAY SHE REFERRING TO
33:38 - DON A MAN OR PARENTS WHO ARE
33:39 - GOING TO BE HERE. DONNA MAN
33:42 - WITH IS ALSO A LITTLE BOY AND
33:44 - WILL EMPLOY OF DRESSING.
33:45 - >>WITH NO WITH NO WRITTEN
33:47 - CONTRACT.
33:49 - >>NO MY UNDERSTANDING THAT
33:50 - THERE ARE NO WRITTEN CONTRACT.
33:51 - >>ANY QUESTION IS THERE ANY
33:53 - CALL SEE OF HIM DEAD IN THE UK
33:55 - SHUN FOR THE LITTLE BOY E.
34:00 - >>IN THIS SITUATION WHERE DONNA
34:01 - MAN WAS WELL HALF OF DREXEL.
34:03 - MY WITHOUT THE YOUR INSURANCE
34:05 - POLICY
34:06 - BEFORE MIDNIGHT I WOULD IMAGINE
34:08 - THAT THERE WOULD BE IN THE
34:08 - EQUATION BECAUSE HE'S ACTING
34:10 - SOLD IN SCHOOL FOR DUTY.
34:12 - >>WHO WHEN
34:12 - CHURCH CALLS YOU ANSWER THAT
34:14 - QUESTION SHE WAS EITHER ACTING
34:16 - IN THIS COUNTRY DO THESE ARE
34:18 - NOT.
34:19 - >>AND SHE WAS.
34:26 - >>WELL COUNCIL THANK YOU VERY
34:28 - MUCH A VERY GOOD ARGUMENT ON
34:29 - BOTH SIDES. WITH THAT MISS THEM
34:32 - ARE SINGLE READY FOR YOU TO
34:33 - CALL THE SECOND ARGUMENT.
34:35 - >>THE NEXT CASE TO BE ARGUED.
34:37 - JUDGES JOURNAL. THE 0, 1, 0, 0,
34:40 - 2,
34:42 - >>TOM WALTER SANDERS.
34:47 - BUT MILLER YOU ABLE TO HEAR
34:48 - US ARE.
34:49 - >>JUDGE RIGHT NOW I'M ACTUALLY
34:50 - ON THE PHONE WITH THAT MILLER
34:51 - WOULD GET HIS AUDIO SOMETHING
34:54 - HAPPENED IN BETWEEN. CHECKING
34:56 - IN THIS MORNING AND NOW.
34:58 - SO I'M I'M WORKING WITH THEM
34:59 - RIGHT NOW.
35:04 - >>BUT JUST TAKE A NEW HEROES.
35:13 - >>YES I CAN HEAR YOU.
35:15 - THANK YOU CAN YOU PLEASE ENABLE
35:17 - YOUR VIDEO.
35:19 - I BELIEVE IT IS UNABLE DOWN.
35:21 - YEAH THANK YOU VERY MUCH.
35:23 - THANK YOU.
35:25 - >>THANK YOU WHEN WE HEAR THE
35:26 - SUMMARY BY JENNIFER TRAXLER AND
35:28 - WE'LL SEE IF IT YOU CAN E-MAIL
35:30 - HER IS BACK WITH US AT THAT
35:31 - TIME SO. AND JENNIFER PLEASE.
35:35 - THANK YOU
35:35 - YOUR HONOR.
35:36 - >>A SECOND APPEAL TO THE ARE
35:37 - YOU AND SYLVANIA VERSUS
35:40 - KATRINA SANDERS, THE INTEL AND
35:42 - KATRINA SANDERS WAS CONVICTED
35:44 - FOLLOWING A BENCH TRIAL FOR
35:45 - HOMICIDE BY VEHICLE AND 4 OTHER
35:48 - VEHICLES AND SAYS
35:49 - AFTER THE SEPTA BUS SHE DROVE
35:51 - STRUCK AND KILLED AN ELDERLY
35:53 - PEDESTRIAN MALL IN WITH ANY
35:54 - MARKED CROSSWALK AND MOTORS
35:56 - WITNESS WAS BEHIND THE SOME OF
35:58 - US TESTIFIED THAT THE BUS AND
36:00 - MAKE A
36:00 - LEFT-HAND TURN AS A PEDESTRIAN
36:03 - BEGAN TO CROSS THE STREET AND
36:04 - THE BONUS OF THE
36:05 - WITNESSES SITE. SURVEILLANCE
36:08 - VIDEO DEPICTED SAME IS
36:09 - REVIEWING ROUTE PAPERWORK IS
36:11 - JUST OFF
36:11 - THE PLATE. THE VIDEO SHOWS THAT
36:13 - SENIORS HAVE AN UNOBSTRUCTED
36:15 - VIEW OF THE CROSS WALK FOR
36:16 - 45 SECONDS DURING WHICH TIME
36:19 - SHE REVIEWED THE PAPERS AND DID
36:20 - NOT IN
36:21 - THE INTERSECTION BEFORE
36:23 - INITIATING YOU CAN TURN CENTERS
36:25 - DID
36:25 - NOT HESITATE. 4 SECONDS AS
36:28 - REQUIRED BY STEP TO POLICY
36:30 - AND TURNED THE WHEEL WAS ONLY
36:31 - ONE HAND WHILE HOLDING ON TO
36:33 - THE PAPERWORK.
36:35 - SANDERS TESTIFIED THAT SHE DID
36:36 - NOT SEE HER FINALLY TO THE
36:39 - INTERSECTION AND BEGAN TO READ
36:41 - THE PAPERWORK.
36:42 - WHEN THE LIGHT TURNED GREEN
36:43 - CHEESE AND THE INTERSECTION CAN
36:45 - SEE THE PEDESTRIAN VICTIM PRIOR
36:47 - TO MOVING. SANDERS APPEALED FOR
36:50 - A BENCH TRIAL CONVICTION AND
36:51 - SENTENCE TO 5 YEARS PROBATION
36:54 - WITH MIKE A PRIMARY ISSUE ON
36:55 - APPEAL IS WHETHER EVIDENCE OF
36:57 - BRAZENNESS FOR HARTFORD AND
36:59 - THIS IS NECESSARY.
37:00 - REVIEWING THE SUFFICIENCY OF
37:02 - THE EVIDENCE SUBMITTED TO
37:03 - SUPPORT THE RECKLESSNESS
37:05 - ELEMENT FOR CONVICTION OF
37:06 - HOMICIDE BY VEHICLE.
37:09 - SO CONSIDER TO
37:10 - OTHER ISSUES. NUMBER ONE
37:12 - WHETHER SANDERS CAN BE FOUND
37:14 - GUILTY OF HOMICIDE BY VEHICLE
37:16 - IN THE ABSENCE OF A GUILTY
37:17 - VERDICT RECKLESS DRIVING
37:19 - WHERE SHE WAS FOUND GUILTY OF 4
37:21 - OTHER VEHICLE CODE OFFENSES AND
37:23 - NUMBER 2.
37:24 - WHETHER THE TRIAL COURT ERRED
37:25 - IN PERMITTING THE
37:26 - COMMONWEALTH'S ASH THE
37:28 - CONSTRUCTION EXPERT TO TESTIFY
37:30 - THAT. SANDERS WAS OPERATING THE
37:31 - BUS IN A RECKLESS MANNER WHEN
37:33 - SHE STRUCK AND KILLED A
37:35 - PEDESTRIAN. LET'S PROCEED TO
37:37 - THE ARGUMENTS.
37:39 - >>THANK YOU VERY FIRST LET'S
37:41 - MAKE SURE MISTER MILLER CAN YOU
37:43 - HEAR ON.
37:45 - SO WE CAN MAKE SURE WE CAN HEAR
37:47 - YOU. I CAN YOUR OWN.
37:51 - TO PLEASE. WE KNEW ITSELF WHILE
37:54 - MISTER MILLER IS TALKING.
37:56 - YES.
38:01 - THERE ARE 3 ISSUES BUT YOU KNOW
38:02 - WE REALLY WANT TO HEAR THE
38:04 - ARGUMENT ABOUT THE SUFFICIENCY
38:05 - OF THE EVIDENCE THAT THE
38:06 - HOMICIDE BY VEHICLE WITH THAT
38:08 - MISS THE MORNING. WE'RE READY
38:09 - TO HEAR YOUR VIEW.
38:13 - >>GOOD MORNING. MY NAME IS
38:14 - BRUCE MILLER THAT BRITNEY A
38:16 - FELON IN THIS CASE. THE CASE IS
38:19 - BEFORE YOU.
38:21 - AS A RESULT OF A MOTION BY
38:22 - THE COMMONWEALTH. YOU KNOW I
38:25 - HAVE THE COURT INVOLVED HEAR
38:26 - THE CASE AS A RESULT OF A PILE
38:29 - OF THIS COURT HAVING REVERSED
38:31 - THE CONVICTION. BE THE
38:34 - DEFENDANT WHO ARE YOU FOR
38:36 - HOMICIDE. THE BASES OF THE
38:38 - REVERSAL WAS THAT THE FACTUAL
38:42 - WAS A PARTIAL REVERSAL.
38:44 - THEIR CONDO OF THE DEFENDANT
38:47 - BUT THE OPERATOR DO
38:49 - NOT AMOUNT.
38:53 - >>MISTER MILLER, I HATE TO CUT
38:54 - YOU OFF. BUT THAT CRIME
38:55 - DECISION HAS NOW WITHDRAWN ACT
38:58 - AS IF YOU'RE ARGUING THE CASE
38:59 - FOR THE FIRST TIME, NO WORK
39:01 - LEE HAPPENED. SO HE'S JUST JUST
39:03 - MAKE YOUR ARGUMENT ON THE
39:04 - ISSUES THAT ARE BEFORE US.
39:06 - >>ME I TRULY THIS CASE DOES NOT
39:09 - ARISE 2.
39:12 - ANY TYPE OF CONDUCT BY THE
39:14 - DEFENDANT TO BE RIGHT. THE
39:16 - DEFENDANT WAS OPERATING.
39:20 - AND GETTING BACK TO BE
39:23 - TO THE BOAT. WHEN YOU
39:25 - OPERATE ADVICE. COULD GET HOLD
39:28 - OF US. YOU MUST FOLLOW A
39:31 - BUSY NEIGHBORHOOD
39:32 - GROUP SHE WAS OPERATING A NO
39:35 - WILL HAND THEM.
39:37 - THE CAUSE 60 TO BE LONG.
39:41 - HE WAS IN PERFECT. CONTROL, I'M
39:45 - THE BOSS.
39:46 - AND SHE CAME TO
39:48 - THE INTERSECTION OF QUINCE I
39:50 - GOT A NEW ONLINE SHOW RIGHT.
39:53 - SHE WAS TRAVELING WEST. ON
39:55 - WHO I'M SO HAPPY, I'M SIDE
40:01 - U.S. A KEY INTERSECTION IN
40:03 - LIMESTONE COUNTY IS NORTH AND
40:05 - SOUTH TO LANE NORTH
40:08 - ONE LANE. SO. SHE WAS IN
40:12 - PERFECT CONTROL OF THE BUS WAS
40:14 - NO ISSUE ABOUT THAT.
40:20 - NOW GOOGLE ANYTHING IS NOT
40:22 - INVOLVED IN THIS PARTICULAR
40:23 - CASE. SHE COMES TO
40:25 - A STOP AND THE INNER CITY.
40:29 - THE THIS EVENING, ACCORDING TO
40:31 - VIDEOS, MANY OF THE AL WITH
40:33 - CORNER.
40:37 - THE SOUTHWEST CORNER.
40:41 - I MEAN
40:42 - THE AWAY FROM THE BUS.
40:47 - FOOTBALL ORLEANS IS THAT IF
40:49 - YOU'RE STANDING ON THE GO.
40:52 - THE NEW YEAR. SO WITH CORNER IS
40:56 - AT THE 20. IT IS
40:58 - YOUR LAWN THAT'S PRETTY FAR.
41:00 - NOW.
41:06 - WHEN THE BLINDSIDE THEM AND
41:07 - TOWARDS THE BUS OPERATOR.
41:10 - THIS TRAFFIC COMING FROM HER
41:11 - LIFE. AND JUST WRAPPED UP
41:14 - FILMING FROM HER RIGHT. ONLINE
41:17 - KILL. I.
41:20 - TURN TO REALLY.
41:24 - CONTROL OF
41:25 - THE CAUSE AND 8 MILES
41:27 - AN HOUR. SHE PUTS THE BUS INTO
41:30 - THIS CELL PHONE LIVE IN.
41:32 - WIND CHILL RIGHT WHICH IS
41:34 - 10 FEET WIDE PERFECTLY
41:37 - POSITION.
41:39 - BEFORE I NEVER SAW
41:42 - INTERCEPTION I NEVER SAW THIS
41:45 - EVENING ACROSS I WHEN I WAS
41:48 - SURPRISED IN FRONT OF ME I WAS
41:50 - ONLY DOING AND MILES AN HOUR.
41:55 - VIDEO THAT THE ONLY PIECE OF
41:57 - EVIDENCE THAT THE GOOD LORD WHO
41:59 - WAS A VIDEO. THE
42:01 - ABOVE THE AHEAD OF THE.
42:06 - PENDING AND EVEN HAS NO WE'RE
42:08 - UP TO YOU. THE INTERCEPT.
42:14 - THE TOTALITY OF
42:16 - THE CIRCUMSTANCES CLEARLY
42:18 - INDICATED THAT SHE WAS NOT
42:20 - RIGHT.
42:23 - HOW WELL HAS NEVER DRESS AND
42:25 - THEY'RE FREE.
42:27 - THE VENUE WASN'T THE ONLY
42:29 - WITNESS THESE THERE WAS TOO
42:32 - FAVORABLE EYEWITNESSES. OKAY.
42:38 - BEHIND ME YOU CAN DO.
42:41 - WAS
42:42 - MARGARET COURT. NEW PENDING
42:44 - WITNESS. WHO CALLED BY THE
42:46 - COMMENT. SHE WAS OPERATING
42:49 - HER VEHICLE O I THE FROM
42:52 - THE AIR. BEHIND THE BUS.
42:58 - AND ANY TIME. BEFORE
43:01 - ANY ACTION. DID YOU OBSERVE NEW
43:05 - THIS EVENING. WHEN THE CORONER
43:07 - SOUTHWEST CORNER AND SIR, NO.
43:11 - DID YOU
43:12 - EVER OBSERVED. THIS SCENE IN
43:14 - THE COURSE FOR THE COURSE AND
43:17 - SIR WE KNOW I SAW SOMEBODY
43:20 - WALKING AND I KNOW
43:21 - THE CROSSING BUT NOBODY WAS
43:23 - EVER IN THE COURSE. YOU
43:27 - KNOW YEARS.
43:28 - THIS WITNESS, HE'LL DEAL WITH
43:31 - MY SON. HE GO. HE WAS
43:34 - TRAVELING. NOR I
43:37 - DON'T CRY. HE COMES TO THE
43:39 - INTERSECTION THE LIGHT IS RED.
43:44 - HE DESERVES THE FORCE ONE OF
43:46 - THE GREEN LIGHT. MAKING A
43:48 - LEFT-HAND TURN. AND THIS LOW.
43:51 - MATT.
43:53 - I MIGHT CROSS EXAMINATION WHILE
43:55 - THE BUS WAS TIME. DID YOU SEE
43:58 - THE SEA AND THIS IS HIS ANSWER
44:00 - WAS YES.
44:02 - THIS SCENE WHILE THE BUS WAS
44:04 - TURNING. I WAS AT THE LIGHT.
44:07 - A STANDARD.
44:09 - IT'S BEEN IS THAT THE LIGHT
44:10 - STANDARD OUT TO STAFF. THE LINE
44:13 - STANDARD IS AND THE FROM THE
44:16 - CROSS.
44:18 - I THINK MAKING THE BANK IS THE
44:20 - MILLER. WE'RE AT THE POINT
44:21 - WHERE THE JUDGE IS
44:22 - ASKING QUESTIONS.
44:23 - >>OKAY FIRST JUDGE YOU GOT IN
44:26 - TOUCH WITH ME IS JUDGE THE
44:27 - BOATS AND JUDGE THE BOAT.
44:38 - >>OUR STANDPOINT, I KNOW YOU
44:40 - WERE TALKING ABOUT THE
44:41 - TESTIMONY BUT.
44:43 - YOU KNOW WE WE PRETTY MUCH
44:44 - ACCEPT THE TRIAL COURT'S
44:46 - NARRATIVE OF WHAT HAPPENED IN
44:49 - TERMS OF HONDA.
44:54 - YOUR CLIENT
44:54 - ENGAGED IN THAT'S
44:56 - RELEVANT FOR A DETERMINATION
44:58 - WILL BE THE HAIR WAS DRIVING OR
45:02 - IT SEEMS THAT IS REALLY.
45:10 - WELL SHE WAITED
45:12 - SHE TURNED. AFTER
45:15 - 2.3 SECONDS RATHER THAN 4
45:16 - SECONDS YOU WAIT AND
45:19 - THE SECOND IS THAT SHE'S
45:21 - STEERING WITH ONLY ONE HIM.
45:24 - INSTEAD OF 2 HOMES.
45:26 - CAN YOU ADDRESS WHETHER OR NOT
45:28 - IT'S REASONABLE TO INFER FROM
45:30 - THAT A WRONGFUL CONDUCT THAT
45:33 - SHE WAS DRIVING IN A RECKLESS
45:35 - MANNER.
45:36 - >>ABSOLUTELY NOT. DUE RESPECT
45:39 - AND THE RESPECT TO THE COURT
45:40 - THAT WE GET TO IT. SHE HAD BEEN
45:42 - DRIVING WITH THEIR FEET.
45:44 - SHE MADE HER PICK. PERFECT TURN
45:47 - INTO A 10 FOOT.
45:49 - WHY WINNING OF TRAFFIC IN WITH
45:52 - A 60 TO PUT US. I MISS YOU
45:56 - BEING.
46:01 - THAT OPERATION THAT HAS NOTHING
46:03 - TO DO IT. AND
46:05 - I'M ALSO
46:07 - SHE CAN BE DRY AGAIN WITH SOME
46:09 - DIFFERENCES YOU HAVE ONE HAND
46:10 - OR 2 AND SHE HANDLED THE
46:12 - FIRST PERFECTLY THERE WAS A
46:13 - WITNESS BEHIND HER SAID SHE
46:15 - DIDN'T KNOW BEFORE WITH
46:16 - PERFECT CONTROL. AND THE RISK
46:18 - TO TESTIMONY IN
46:20 - THE KIDS I 2.70 DRIVERS WHO
46:23 - DRIVE THE RAIL FOR 5 YEARS.
46:25 - >>AND THEY SAID IF YOU WAIT 3
46:26 - SECONDS OR TO IN A SECOND.
46:28 - IT MAKES ABSOLUTELY YOU'RE
46:31 - A DISTANCE. THE PROBLEM IN THIS
46:33 - CASE IS THAT JOHNS SAID
46:37 - WELL, THE FACT THAT SHE DIDN'T
46:39 - SHE THIS SAME.
46:41 - AND TO ON THE PAVEMENT OR IN
46:44 - THE CROSSWORD. NOW THE AMOUNT
46:46 - OF TO OF TO
46:48 - RECKLESS DRIVING. AND MY ANSWER
46:50 - TO THAT NEWS.
46:52 - TO MIRRORS REAL EYEWITNESSES.
46:57 - MORGAN COURSE HE FLEW OVER AND
46:59 - THE DEFENDANT, NOT AS
47:01 - THE MOVE. EYEWITNESS IN THIS
47:03 - CASE. EVER SO THE
47:07 - THIS EVENING AND THE CROSS
47:09 - WALK.
47:10 - AND MORE GOOD FOR US RIGHT
47:11 - BEHIND THE BUS. I NEVER SAW THE
47:17 - AT THE SOUTHWEST CORNER.
47:20 - AND YOU CAN GO THROUGH THE
47:22 - TESTIMONY OF WHEN THE BUS WAS
47:24 - TURNING IN PERFECT MATTER.
47:26 - PERFECTLY CONTROLLED. THE SCENE
47:29 - WAS IN THE IN THE CROSS WALK.
47:31 - HE WAS 10 FEET AWAY BY THE LIFE
47:33 - STANDARD AND THIS IS IMPORTANT
47:35 - I THINK TO THE TOP OF THE
47:37 - COURT.
47:38 - THIS SCENE 26 YARDS AWAY
47:42 - WITH ME ONLY THIS TREE.
47:47 - I KNOW IT SOUNDS
47:48 - CRAZY BUT ONLY BECAUSE WE ONLY
47:51 - COULD THAT BE THERE WAS NO
47:53 - OTHER PEOPLE AND THAT WHO WON.
47:56 - >>A JUDGE IN BONY FOLLOW-UP
47:57 - QUESTION YET.
47:58 - >>SO I MEAN WE'RE LOOKING AT A
48:00 - STANDARD IS A MATTER OF WHAT I
48:01 - MEAN REALLY DO WE CONSIDER.
48:05 - >>WEAVER SAYING BASED ON
48:06 - FACTUAL. BASED
48:09 - UPON THAT ON THE FACTS OF
48:11 - THE CASE. BUT SO YOU'RE ON IN
48:14 - OUR STANDARD IS IS WHETHER
48:16 - OR NOT GET THEM WERE CRYING WAS
48:19 - A GROSS DEVIATION
48:21 - FROM STANDARD STANDARD OF
48:23 - CONDUCT TO BE REASONABLE PERSON
48:25 - AND SO YOUR MONEY IS. WHICH
48:28 - HE DID. I WASN'T A
48:30 - GROSS DEVIATION. MAYBE IT WAS
48:32 - CARELESS I WANT TO MAKE THE
48:34 - ARGUMENT HE WAS CARELESS OR IS
48:36 - CLOSE BUT IT WAS NOT A GROSS
48:38 - DEVIATION SAID MY CRACK SALUTE
48:42 - >>THERE'S NO.
48:44 - >>THERE WAS NO RECKLESSNESS AND
48:46 - MAY I HAVE THE WORD FROM A.
48:49 - I YOU KNOW I MAY
48:52 - A JUDGE TRIAL. FOUND
48:56 - THE DEFENDANT. NOT YOU
48:59 - KNOW ME A GREAT CAUSE DRIVING.
49:04 - SO IF HE FOUND HER NOT GUILTY.
49:06 - HOW CAN SHE BE GOALIE OF PEOPLE
49:08 - ARE HOMELESS.
49:10 - >>YOU CAN THANK YOU
49:11 - THANK YOU.
49:11 - >>A JUDGE MCLAUGHLIN THAT THAT
49:13 - WAS INAPPROPRIATE COMMENT IS
49:14 - THE NORTH SIDE OF DON'T KNOW
49:18 - REGRET SAYING THAT ALL RIGHT
49:19 - LET'S GO TO JOHN MCLAUGHLIN.
49:21 - >>COUNCIL MY FAIR VIDEO.
49:25 - FROM THE BOSS THAT SHOW THAT
49:27 - THE DRIVER, THE BOSS.
49:29 - I WAS LOOKING AT PAPERS
49:31 - BATTLING IT PAPERS FOR 45
49:33 - SECONDS.
49:35 - >>AND WHAT WAS SO WHAT I WAS
49:38 - GREAT WHEN SHE WAS LOOKING AT
49:39 - HIM.
49:40 - >>AND DIDN'T SHE SAY THAT SHE
49:41 - COULD SEE HIM THERE.
49:43 - >>NOW.
49:45 - >>SHE NEVER TESTIFIED THAT SHE
49:46 - NEVER HAPPENED.
49:47 - >>I'M SORRY, I MEAN I MEAN I'M
49:49 - SORRY.
49:50 - >>THERE IS NO.
49:52 - SHE CONCEDED THE VICTIM WAS
49:54 - CLEARLY VISIBLE DURING THIS 45
49:56 - SECONDS.
49:57 - >>ABSOLUTELY THAT'S CORRECT.
50:01 - SHE TESTIFIED SHE NEVER SAW
50:02 - THAT THIS ENOUGH TO CROSS OR
50:04 - AND NEVER
50:05 - SAW HIM. AND NEVER SAW HIM ON
50:08 - THE ON THE PAVEMENT.
50:11 - AND THEN AND EVERY SINGLE I
50:14 - MAY CONTINUE EVERY SINGLE
50:16 - EYEWITNESS. THIS CASE.
50:18 - NEVER SO THIS SEASON AND THE
50:21 - CROSS WALK.
50:22 - REMEMBER THE VIDEO CAMERA SHOWS
50:24 - AN OBSTRUCTED VIEW AND SINCE
50:27 - THE VOTE BE
50:29 - DRIVER AND IT'S IN AND OF
50:31 - COURSE IS NO G S P SHE DOESN'T
50:33 - SEE WITH THE COMMERCIALS
50:34 - AND I WANT TO NOW MY ARGUMENT
50:37 - WOULD BE VERY SIMPLY THIS.
50:40 - IF ANYONE IS FAMILIAR WITH SOME
50:42 - OF THE WHO
50:43 - ARE THESE PUT COOL GAME AND AND
50:46 - YOU KNOW THAT A LOT OF TIMES
50:48 - THE REFEREE ALL SAY HE CAUGHT
50:50 - THE BALL AND HE WAS OUT OF
50:52 - BOUNDS. THERE'S A THERE'S
50:54 - A CHALLENGE AND THE VIDEO
50:56 - CAMERAS SERVE SOMETHING
50:58 - DIFFERENT. OF COURSE IT'S
50:59 - DIFFERENT IT'S AN INSTRUCTIVE
51:01 - YOU. SHE HAS TRAFFIC COMING
51:03 - FROM HER. THE WEST. NORTH AND
51:06 - SOUTH.
51:08 - AND SINCE YOU AND EVERYONE SAID
51:10 - SHE OPERATED IN PERFECT MANNER.
51:14 - WHEN
51:14 - I DO HE IN THIS CASE
51:16 - MAY BE AND I GET THIS QUESTION
51:19 - FOR CLINTON 8 YEARS.
51:22 - THE JUDGE FINDS.
51:26 - THE DEFENDANT IN THIS CASE, NOT
51:28 - THE ONLY BREAK LOOSE CRIME.
51:31 - >>IM NOT SURE OF THE SUMMARY
51:34 - OFFENSIVE. THERE WAS DRY.
51:36 - HOW CAN SHE BE FOUND GUILTY.
51:39 - A VEHICLE OR HOMELESS.
51:41 - RECKLESSNESS IS THE ELEMENT.
51:49 - THIS COURT HAS ALREADY
51:52 - IT INDICATES
51:53 - THAT ASIDE. HOW WILL HER SAYS
51:58 - NOT CASE. THE BIG THE DEFENDER
52:01 - WAS TRIED UNDER THE SOME SAY
52:03 - ACTION OF YOU MOST HIGH
52:05 - THAT IF YOU'RE DRIVING WHILE
52:06 - YOU'RE IN HARTSOCK 80 AND KILL
52:08 - SOMEBODY YOU'RE THE ONLY
52:10 - VEHICLE HOMICIDE. ANSWERED MY
52:14 - QUESTIONS THANK
52:16 - >>JUDGE MCLAUGHLIN DO YOU HAVE
52:17 - A FOLLOW-UP QUESTION. I DO NOT
52:20 - THANK YOU,
52:21 - OK WELL NOW THAT'S THE MILLION
52:22 - IF YOU HAVE A MINUTE LEFT SO IF
52:23 - YOU WANT TO GIVE US A MAY.
52:26 - >>AND WHY I KNOW, I'M SORRY
52:28 - JUDGE NICHOLS HAS A QUESTION I
52:30 - DIDN'T SEE THAT
52:30 - I QUESTION AND WHAT I
52:32 - UNDERSTAND FROM YOUR ARGUMENT
52:33 - YOUR ARGUMENT IS IF YOU COUNT
52:35 - WAS
52:36 - NOT RECKLESS.
52:37 - >>THERE SHE DIDN'T SEE THE
52:38 - SCENE THERE WAS A BLIND SPOT.
52:41 - >>THERE'S NO RECKLESSNESS HERE.
52:42 - IT IS SAID THAT WHAT YOU'RE
52:44 - SAYING THAT THE COUPLE WAS NOT
52:45 - CHRISTMAS PERIOD. THAT'S WHAT
52:47 - YOU'RE SAYING.
52:48 - >>I ABSOLUTELY WAS NOT
52:49 - CONSCIOUS AWARENESS. THE CONDOR
52:51 - COULD CAUSE ANY KIND OF INJURY.
52:53 - >>A NEW BOOK THE AGE SHE WAS
52:54 - ACQUITTED OF THE RECKLESS
52:56 - DRIVING.
52:57 - >>SHE WAS FOUND NOT GUILTY.
52:59 - >>BUT THE OTHER THING I'M
53:00 - TRYING TO UNDERSTAND IT IS THE
53:02 - SUBSTANDARD STANDARD FOR
53:03 - RECKLESSNESS AS YOU UNDERSTAND
53:05 - IT IS A GROSS
53:06 - DEVIATION FROM A STANDARD OF
53:08 - CONDUCT FOR THE COMMONWEALTH
53:09 - DOESN'T HAVE TO WAYS IT
53:12 - HARD HARDNESS. ANYTHING LIKE
53:14 - THAT THAT IS THAT RIGHT.
53:16 - THAT'S CORRECT.
53:17 - >>I HAVE TO SHOW THERE WAS A
53:18 - CONSCIOUS AWARENESS OF BETTER
53:20 - CONDUCT COULD CAUSE INJURY OR
53:22 - DEATH TO SOMEBODY.
53:26 - >>BUT I THINK THERE
53:26 - IS A AND IN THE FACTS
53:28 - THERE WERE THERE WERE PAPERS
53:30 - AND WE HEARD QUESTIONING ABOUT
53:31 - PAPERS AND
53:32 - CAN SEE IS THE SCENE AND THERE
53:35 - MAY HAVE BEEN A
53:36 - BLIND SPOT. BUT YOU ARE IT IS
53:38 - THOSE FACTS NOT RISE TO
53:40 - RECKLESSNESS.
53:41 - >>WILL THOSE FACTS MITIGATE THE
53:47 - >>LOOKING AT PAPERS THAT SHE
53:49 - WAS LOOKING AT.
53:50 - >>I KNOW WE LET PAPERS AND IT
53:52 - IS THE WRONG WORD HERE.
53:53 - >>I THINK IT WAS A MAP AGAIN.
53:57 - SHE WAS WHEN YOU'RE SEPTA
53:59 - REQUIRES YOU WHEN YOU DID HEAD
54:02 - BACK TO THE WHOLE ROUTE.
54:04 - >>SHE HAD NEVER BEEN WHO IN
54:06 - THIS ROOM.
54:08 - THEY GAVE HER INSTRUCTIONS
54:10 - SETTING IN THE PAPERS
54:11 - INSTRUCTIONS. THIS IS THE ROUTE
54:14 - FOLLOWS. SHE COMES TO A RED
54:16 - LIGHT.
54:17 - AND LO LOOKED AT THE PAPER
54:19 - TISSUE WHERE RIGHTS ARE NEXT.
54:21 - >>I MEAN HOW MANY WERE SOME
54:22 - KIND OF ROUTE IN OTHER WORDS,
54:23 - IT LAYS OUT WHAT YOU CAN SEE
54:26 - AND THEY DID. SHE
54:28 - HAD TO SHE COULD BE DISCHARGED
54:30 - FOR NOT GOING
54:31 - THAT ROUTE YOU JUST CAN'T TAKE
54:33 - A BOSTON SHOOTING ANYWHERE YOU
54:35 - WANT. THAT WAS THE PAPER SHE
54:37 - LOOKED AT I MEAN.
54:41 - USING YOUR OWN EXPERIENCES TIME
54:43 - BEFORE YOU SEE THE GSP.
54:45 - >>HE WOULD END UP
54:46 - IF YOU'RE IF YOU'RE GOING
54:48 - SOMEWHERE AND SOMEONE GAVE ME
54:49 - INSTRUCTIONS YOU COME
54:50 - TO ORDER YOU MIGHT LOOK TO SEE
54:52 - WHERE I TURNED THAT SO SHE WAS
54:54 - DOING.
54:57 - YOUR TIME IS THAT WE
55:00 - ARE YOU PREPARED. AND HERE ON
55:02 - EARTH AND YOU MAY BEGIN.
55:04 - >>AND THEY SUPPORT A GREEN
55:05 - JACKET ON BEHALF OF THE COLUMN.
55:08 - YEAH, THE EVIDENCE IN THIS CASE
55:10 - STATUS OF
55:11 - THE DEFENDANT AND HOPEFULLY OR
55:13 - REFERRALS NEGLIGENCE CAUSED THE
55:15 - DEATH OF ANDREW MILLER, WHILE
55:17 - THESE IN NEWARK VIOLATIONS OF
55:19 - THE VEHICLE.
55:20 - I'M MORE
55:21 - PARTICULARLY THE DEFENDANT WAS
55:23 - CONSCIOUS THAT HER CONDUCT
55:25 - CREATED A SUBSTANTIAL AND JUST
55:27 - UNDER 5 WILL RESPECT THAT.
55:30 - CONDUCT COULD CAUSE INJURY OR
55:31 - DEATH. BUT SHE NONETHELESS,
55:33 - IT'S REGARDED THE RISK
55:34 - AND SHE PROCEEDED THROUGH THE
55:36 - INTERSECTION AND STRUCK MISTER
55:38 - MILLER.
55:39 - I THINK DISREGARD INVOLVED
55:40 - ACROSS THE NATION FROM THE
55:42 - STANDARD OF CONDUCT THAT
55:43 - ANOTHER BUS DRIVER. WHAT A
55:45 - SHARE IN HER SITUATION.
55:48 - TO STATE THE FACTS MAKE CLEAR
55:49 - THAT THE ESTABLISHED. DO
55:52 - OF IT I WAS CONSCIOUS
55:54 - EFFORT CONDO CREATED AND
55:57 - JUSTIFIABLE REST. THIS SYSTEM
56:00 - BECAUSE THE DEFENDANT KNEW OF
56:02 - THE RISK OF HITTING A
56:03 - PEDESTRIAN WHEN TRAINING DOUBLE
56:05 - AND
56:05 - A BUS AND SHE KNEW THAT THE
56:07 - HORSE THAT IT WILL SERVE TO
56:09 - MITIGATE THE SPREAD.
56:11 - >>REST. SHE EXPRESSED THEY
56:13 - TESTIFIED AT TRIAL, NO
56:15 - UNCERTAIN TERMS AND SHE KNEW
56:17 - THERE WAS A
56:18 - SIGNIFICANT THREAT AND SHE
56:19 - COULD PICK THE BEST RHIANNON
56:21 - CALL THAT PERSON INJURY OR EVEN
56:23 - DEATH. WHILE DRIVING THE BUS
56:25 - PARTICULARLY AT HAND. LIKE THE
56:29 - ONE SHE WAS DRIVING ON
56:30 - THAT DAY AND SHE FURTHER STATED
56:32 - THAT SHE KNEW OF THIS RECIPE
56:33 - CALLED FOR DECADES OF
56:35 - EXPERIENCE AS A
56:36 - PROFESSIONAL DRIVER, 18 YEARS
56:39 - OF WHICH TO DRAW BUSES FOR
56:40 - THEFT THEM. SHE ALSO KNEW THAT
56:42 - BECAUSE OF HER TRAINING
56:44 - KNOWLEDGE OF THE RULES AND
56:46 - REGULATIONS. SHE'S PRESLEY
56:48 - SIGN. WHEN SHE BEGAN HER WORK
56:50 - AT THAT AND MORE SPECIFIC.
56:53 - IT'S BEEN THE BIG LEAGUES
56:55 - BASED ON HER PROFESSIONAL
56:56 - EXPERIENCE FOR SCREENING AND
56:58 - REVIEW THE REGULATIONS. SHE
57:00 - STATED THAT SHE KNEW SHE WAS
57:02 - NOT CHECKING THE STREET AROUND
57:04 - HER THAT'S EVEN A SOMEWHAT
57:06 - THIS IS ALL IN THE NORTH OF
57:07 - TESTIMONY FROM HER TESTIMONY
57:09 - FROM PAGE 216 TO 222 OF THE
57:12 - RECORD AND FINALLY YOUR HONOR
57:14 - SHE ACKNOWLEDGED ONE PARTICULAR
57:16 - SECTOR REGULATION. TITLE THE
57:18 - BEST
57:18 - REAL HAZARD AND
57:20 - THAT'S ALSO KNOWN FOR SECOND
57:21 - RULE THAT MANDATES THAT DRIVER
57:23 - WAIT FOR HIM AT A NEWLY TURNED
57:25 - GREEN LIGHT OR POSSIBLY 4
57:27 - SECONDS BEFORE PROCEEDING TO
57:29 - MITIGATE AGAINST THE RISK.
57:31 - 2 PEDESTRIANS AGAIN. THE
57:33 - DEFENDANT EXPRESS LEE NOTED
57:35 - THAT SHE WAS AWARE OF THE REST
57:37 - AND THAT THIS IS COOL.
57:39 - MANY AGAIN. THE RISK HARM TO
57:43 - THE STREET. SO BASED ON WHAT
57:44 - SHE KNEW OF THAT RISK.
57:46 - NONETHELESS YEAR. SHE
57:48 - CONSCIOUSLY DISREGARDED THIS
57:50 - KNOWN RISK SHE FAILED TO COMPLY
57:52 - WITH THE COURT'S SECOND RULE
57:53 - INSTEAD, SHE WEIGHED ONLY GOT
57:55 - HALF OF IT,
57:56 - I'M THAT'S 2.3 3 SECONDS BEFORE
57:59 - GETTING INTO
57:59 - THE INTERSECTION AND SHE DID
58:01 - THIS KNOWINGLY THAT THE WOMAN
58:02 - IN PLACE TO GUARD AGAINST THIS
58:04 - TYPE OF RISK.
58:05 - AND HER CONSCIOUS DISREGARD OF
58:07 - KNOWN RISK FOR THE
58:08 - DEMONSTRATED. MORE IMPORTANTLY
58:10 - BY THE FACT THAT DURING THE
58:12 - ENTIRE 45 SECONDS TO WAITED AT
58:15 - THE INTERSECTION AN
58:17 - INTERCEPTION THAT SHE WAS NOT
58:18 - FAMILIAR WITH. SHE DID NOT LOOK
58:20 - UP IN THE INTERSECTION AT.
58:23 - INSTEAD THE ENTIRE
58:25 - 45 SECONDS. SHE PERUSED THE
58:28 - DOCUMENTS THAT SHE HAD ON HER
58:30 - CHANGE THE MAP OF
58:31 - THE ROUTE. BUT INCIDENTALLY
58:32 - YOUR HONOR I DO WANT TO POINT
58:33 - OUT THAT THIS TIME SHE WAS IN A
58:35 - STROLLER SHE WAS SIMPLY GOING
58:36 - BACK TO THE STATION.
58:39 - SO SHE WAS DISTRACTED THE WHOLE
58:40 - TIME SHE WAS SITTING THERE
58:41 - AND SHE WAS NOT LOOKING AT ALL
58:43 - UNTIL THE LIGHT TURNED GREEN
58:45 - SHE WALKED TOWARD HIS 2.3
58:46 - SECONDS.
58:48 - HAD SHE DONE SO SHE WOULD HAVE
58:49 - SEEN THE 93 YEAR-OLD PEDESTRIAN
58:52 - AT THE FAR CORNER AND THEN SHE
58:53 - WILL ALSO SEE HIM BEGIN TO
58:55 - OFTEN THE CROSS WALK AND HIS
58:57 - LIGHT TURNED GREEN AND SHE DID
58:59 - IT BECAUSE IT DISTRACTED AND I
59:01 - KNOW THAT DEFENSE COUNSEL WAS
59:02 - ASKED BY ONE OF THE JUDGES
59:04 - WHETHER OR NOT SHE SAID SHE SAW
59:06 - THE DEFENDANT. SHE STATED THAT
59:08 - SHE DID NOT SEE THE DEFENDANT
59:09 - DURING 45 SECONDS BECAUSE HE
59:11 - WAS CRUISING IS DOCUMENTS AT
59:13 - TRIAL WHEN SHE WAS SHOWN
59:15 - THE VIDEO SHE STATED AGAIN IN
59:17 - NO UNCERTAIN TERMS THAT THE
59:19 - DEFENDANT WAS IN FACT.
59:22 - THE ENTIRE 45 SECONDS. THE
59:24 - CORNER AND ONCE THAT 2.3
59:27 - SECONDS PROCEEDED AND SHE GOT
59:29 - TO GO. THE VICTIM WAS OF ALL
59:31 - THE ENTIRE TIME CROSSING THE
59:33 - CROSSWALK SO BUT IN ADDITION TO
59:35 - BY LEILA 4 2ND HOLE
59:37 - AND AND BEING AT THE
59:39 - INTERSECTION 45 MINUTES WITHOUT
59:41 - EVEN KNOWING IT. THERE
59:42 - WAS MORE WHEN SHE DID THE GUY
59:44 - TO GO SHE REACHED HER HAND WITH
59:46 - JUST THE HOME OF THE RIGHT HAND
59:47 - INSTEAD OF AT THE SECOND SET OF
59:49 - RULES REGULATING IT RIPPED THE
59:51 - DEAL WITH YOUR HANDS ON THE
59:52 - NIGHT OF THE WEEK UP
59:53 - POSITION THAT SHE WAS SIMPLY
59:55 - PUTTING THE DEAL WITH ONE HAND.
59:59 - 520 FINALLY YOUR HONOR WHEN HE
01:00 - 02.910 DID STOP PRIOR TO STOPPING THE
01:00 - 05.080 RED LIGHT SHE STOPPED WELL INTO
01:00 - 07.740 THE STOP LINE IS THAT POSSIBLE.
01:00 - 09.300 SO ALL OF THESE FACTORS
01:00 - 11.200 CONTRIBUTE TO THE RECKLESS
01:00 - 13.240 CONDUCT. IT'S IN CONSEQUENTIAL
01:00 - 14.540 THAT OUT I THINK IT'S THE
01:00 - 16.990 HEIGHT HER TESTIFY AND SHE WAS
01:00 - 18.320 YOU KNOW SHE WAS AN EAGLES HE
01:00 - 20.050 WAS DRIVING IN A IN A SAFE
01:00 - 21.280 MANNER BECAUSE THEY SAW HER
01:00 - 22.600 DRIVING THEY DIDN'T SEE WHAT
01:00 - 25.060 SHE DID DID NOT SEE THEM WHEN
01:00 - 26.530 SHE WAS INSIDE THAT BUS
01:00 - 28.720 AND THE IMPORTANT THING HERE IN
01:00 - 30.880 WAITING ONLY 2.3 SECONDS AS
01:00 - 31.220 OPPOSED
01:00 - 33.010 TO 4. WELL SOME PEOPLE MIGHT
01:00 - 34.340 THINK THAT A 100 TIMES
01:00 - 36.580 WITH DISTINCTION. I TOLD THE
01:00 - 37.830 FACT THAT SHE WAS NEARLY
01:00 - 38.970 HARMING THE WHEEL WITH ONE
01:00 - 40.790 HAND. IT'S IMPORTANT TO NOTE
01:00 - 42.380 AND THE DEFENDING CROSS THE
01:00 - 44.570 STREET ACROSS THE HALL. ONE OF
01:00 - 46.770 THE BLAST. HE WAS STRUCK UNTIL
01:00 - 48.210 HE WAS ALMOST AND
01:00 - 50.490 THE BUS. I THE FRONT LEFT TIRE
01:00 - 50.960 IN FRONT OF
01:00 - 52.690 THE DRIVER. SO GIVE IT ANOTHER
01:00 - 54.490 ONE 0.7 SECONDS OR MAYBE
01:00 - 56.000 GRIPPING THE WHEEL TO HANDSOME
01:00 - 57.760 COULD TURN THE WHEEL THAT COULD
01:00 - 59.450 VERY WELL WELL THE VICTIM IN
01:00 - 00.370 THIS CASE TO LIVE.
01:01 - 02.430 >>OKAY THAT HAPPY WE'RE UP TO
01:01 - 03.560 THE POINT OF THE JUDGE IS
01:01 - 03.900 ASKING
01:01 - 05.720 YOU QUESTIONS. MISTER MILLER,
01:01 - 06.900 YOU KNOW HOW WOULD YOU PLEASE
01:01 - 08.830 NEW. YOU ARE ON YOUR
01:01 - 09.550 MICROPHONE.
01:01 - 13.270 AND JESSICA BIEL I BELIEVE
01:01 - 14.110 YOU'RE THE FIRST TO ASK
01:01 - 14.610 QUESTIONS.
01:01 - 19.460 >>THANK YOU P J GOOD
01:01 - 20.280 MORNING COUNCIL.
01:01 - 23.340 MORNING. I JUST WANT TO FOCUS
01:01 - 25.620 ON THIS ONLY OF RECKLESSNESS
01:01 - 26.630 AND WHAT EXACTLY.
01:01 - 28.980 >>YOU NEED TO PROVE THAT.
01:01 - 33.460 >>IN HIS CASE THE DEFENDANT WAS
01:01 - 35.080 FOUND GUILTY OF CARELESS
01:01 - 35.680 DRIVING.
01:01 - 38.500 AND CARELESS DRIVING IS MORE
01:01 - 40.550 THAN JUST NEGLIGENCE AND IT'S
01:01 - 41.930 COSTING RECKLESSNESS.
01:01 - 49.440 THAT A PERSON. THIS WAS BORN A
01:01 - 51.920 CONSCIOUS RICH. IF THEY'RE
01:01 - 54.180 COMING DOWN. AND IT'S GOING
01:01 - 56.890 TO CAUSE THE INJURY. THAT
01:01 - 58.310 YOU'RE AWARE OF THE RISKS AND
01:01 - 59.660 THAT YOU'RE GOING TO PROCEED
01:01 - 02.630 DESPITE THAT RISK. MEN LESS.
01:02 - 05.360 THE TRIAL COURT IN THIS CASE
01:02 - 06.440 WAS A BENCH TRIAL.
01:02 - 10.270 ACCORDING TO THE DEFENDANT'S
01:02 - 11.010 TESTIMONY.
01:02 - 12.960 WHEN SHE REACHED THE
01:02 - 14.450 INTERSECTION SHE LOOKED AND
01:02 - 15.750 DIDN'T SEE THE DEFENDANT.
01:02 - 17.900 AND THEN WHEN SHE GOT THE LIGHT
01:02 - 19.490 TURNED GREEN, SHE LOOKED AGAIN
01:02 - 21.130 AND SHE DIDN'T SEE HIM.
01:02 - 24.380 AT WHAT POINT
01:02 - 26.490 IN TIME. IF THIS DEFENDANT
01:02 - 27.420 APPRECIATE.
01:02 - 30.330 THAT THIS PEDESTRIAN WAS IN
01:02 - 31.470 THAT CROSS WALL.
01:02 - 33.480 AND THEN SHE DECIDED
01:02 - 35.740 NONETHELESS TO PROCEED TO DRIVE
01:02 - 37.310 TO THE CROSS WALK WHILE HE WAS
01:02 - 38.870 IN IT, IT WOULD SEEM TO ME THAT
01:02 - 39.800 YOU HAVE TO SHOW FOR
01:02 - 41.950 RECKLESSNESS IN ORDER TO RISE
01:02 - 43.750 ABOVE MERE NEGLIGENCE WHICH IS
01:02 - 44.790 THE STANDARD FOR CARELESS
01:02 - 45.180 DRIVING.
01:02 - 48.890 >>AND THAT THIS GOES BACK TO
01:02 - 50.790 THE 45 2ND HALF.
01:02 - 52.820 A LIFE. SHE WASN'T
01:02 - 54.170 EVEN PROVING THE INTEREST
01:02 - 56.140 THAT'S AND THAT THAT THAT
01:02 - 57.480 STARTED THE WHOLE TEAM.
01:02 - 00.130 >>HERE FOR A MOMENT BECAUSE YOU
01:03 - 01.450 MENTIONED THAT SEVERAL TIMES.
01:03 - 04.380 IS THERE A LOT SHE STOPPED AT A
01:03 - 06.850 RED LIGHT FOR 45 SECONDS WHEN
01:03 - 08.170 THE LIGHT TURNS GREEN.
01:03 - 10.240 SHE HAS HER HEAD UP SHE'S NOT
01:03 - 12.200 LOOKING AT A MAP AND EVIL IS
01:03 - 13.580 THERE SOME STATUTE.
01:03 - 15.620 IN PENNSYLVANIA THAT SAYS THAT
01:03 - 16.450 WHEN YOU'RE STOPPED AT A
01:03 - 18.510 RED LIGHT AND YOU CANNOT BE
01:03 - 20.140 LOOKING AT ANYTHING OTHER THAN
01:03 - 22.930 THE WIFE OR THE ROAD. NO YEAH I
01:03 - 23.250 SEE THAT
01:03 - 24.790 SOME FASHION IN PENNSYLVANIA
01:03 - 25.710 THAT SAID THAT, BUT I WOULD
01:03 - 27.670 SUBMIT THAT OKAY AND THE BUS
01:03 - 30.050 DRIVER. A HEIGHTENED DUTY
01:03 - 32.800 OF CARE. SO SHE KNEW NOT TO DO
01:03 - 35.150 THAT AND SHE KNEW PURSUANT TO
01:03 - 35.240 THE
01:03 - 39.380 GUY THAT I DUTY OF CARE NOT TO
01:03 - 40.720 CHECK A MAP TO SEE WHERE SHE
01:03 - 42.540 WAS DRIVING. SHE HAD A
01:03 - 44.300 HEIGHTENED DUTY OF CARE
01:03 - 46.600 OF COURSE, COMMON CARRIERS ARE
01:03 - 48.110 HELD TO A HIGHER DUTY OF CARE,
01:03 - 49.400 THE REGULAR DRIVERS BECAUSE
01:03 - 50.730 THEIR TRAINING. THEY HAVE
01:03 - 52.200 REGULATIONS AND THINGS OF THAT
01:03 - 52.640 NATURE.
01:03 - 56.010 AND I SAY TO THE PEOPLE HE SAYS
01:03 - 58.170 IN MY GRIEF REGARDING DRIVERS
01:03 - 58.470 AT
01:03 - 00.870 CROSSING AND HAS BEEN FOR HAS
01:04 - 03.220 STATED THAT STREET CROSSING THE
01:04 - 05.430 HIGHEST DUTY OF DRIVERS AND
01:04 - 07.340 THIS COURT THAT SIMILAR STATED
01:04 - 10.110 A HIGH DEGREE OF CARE BY MOTOR
01:04 - 11.310 OPERATING THEIR CARS AT
01:04 - 11.990 INTERSECTIONS.
01:04 - 13.710 >>WE HAVE THAT DREAM MAY BE
01:04 - 15.080 OKAY, I KNOW THIS PAIR IS ON AN
01:04 - 15.950 ISSUE WE HAVEN'T TALKED
01:04 - 18.280 ABOUT IT WAS THERE A QUALIFIED
01:04 - 20.230 EXPERT TESTIMONY IN THIS CASE
01:04 - 21.860 REGARDING THE STANDARD OF CARE.
01:04 - 23.340 >>A BUS DRIVER.
01:04 - 24.620 THEIR WIVES.
01:04 - 26.510 >>EXPERT TESTIMONY IN THIS
01:04 - 28.140 REGARD AND ONE OF THE ISSUES
01:04 - 30.020 RAISED BY THE FAN BASE IS NOW
01:04 - 31.770 GOING TO BE ALL WAS THE OFFICER
01:04 - 33.520 DID TESTIFY QUALIFY.
01:04 - 35.720 >>AS AN EXPERT IN COMMERCIAL
01:04 - 37.300 DRIVING IN PARTICULAR DRIVING A
01:04 - 37.810 BUS.
01:04 - 40.430 >>NO HE WASN'T SPECIFICALLY
01:04 - 42.400 QUALIFIED AT THAT HOWEVER I
01:04 - 44.500 WILL SAY THAT THE TRIAL COURT
01:04 - 44.980 ISSUING
01:04 - 48.230 ITS FINDINGS AND IN 1925 YOU
01:04 - 49.660 CAN EXPRESS THEY STATED.
01:04 - 51.280 I DID NOT TAKE INTO
01:04 - 52.770 CONSIDERATION. THE OPINION
01:04 - 55.030 THOSE OPINIONS ALL THE EXPERTS
01:04 - 57.240 WHEN WE START LOOKING AT THIS
01:04 - 57.810 QUESTION TO
01:05 - 02.400 >>WHAT WAS THE
01:05 - 04.270 CONSCIOUS REST THAT THIS
01:05 - 05.630 DEFENDANT BECAME AWARE OF.
01:05 - 09.410 AND SHE PROCEEDED IN THE FACE
01:05 - 11.680 OF NONETHELESS KNOWING THAT IT
01:05 - 12.550 WOULD RISK INJURY.
01:05 - 15.100 WE'VE BEEN GENERAL AWARENESS OF
01:05 - 16.630 SAFE DRIVING. WHAT WILL SHE
01:05 - 18.200 WEAR OF IN THIS CASE KNOWING
01:05 - 19.970 AND SHE PROCEEDED TO DRIVE SHE
01:05 - 21.640 WAS GOING TO CAUSE THE DEATH OF
01:05 - 22.850 HIS HEART HIS VICTIM.
01:05 - 24.800 >>I I DON'T THINK
01:05 - 27.000 IT'S SIMPLY GENERAL AWARENESS
01:05 - 29.230 OF SAFE DRIVING SHE STATED.
01:05 - 33.760 THESE RULES WERE CHAMPIONS YOU
01:05 - 35.240 GAVE WHO JUST EXAMPLES OF
01:05 - 37.180 GENERAL WEARS A SAFE DRIVING
01:05 - 38.540 KNOWING THE WEST AND THE
01:05 - 39.770 PROCEEDS WILL CLOSE FOR
01:05 - 41.770 REPEATED DISCREET AND KNOWING
01:05 - 43.550 THAT YOU KNOW WHEN YOU HAVE TO
01:05 - 44.630 MIGOS ALL
01:05 - 46.800 GENERAL AWARENESS OF SAFE
01:05 - 48.490 DRIVING JUST LIKE IT IS IF WE
01:05 - 50.240 SPEED WE KNOW WE CAN CAUSE
01:05 - 51.890 AN ACCIDENT. YOU KNOW IF IT'S
01:05 - 53.110 RAINING GUY YOU DON'T HAVE THE
01:05 - 54.230 LIGHTS ON YOU MAY CAUSE AN
01:05 - 56.380 ACCIDENT. YOU KNOW IF YOU DON'T
01:05 - 58.140 TURN SIGNAL ON YOU KNOW YOU MAY
01:05 - 59.880 CAUSE AN ACCIDENT. I MEAN WHAT
01:05 - 02.040 YOU GAVE US A WHITNEY GENERAL
01:06 - 03.520 STANDARDS OF SAFE DRIVING.
01:06 - 05.350 BUT IN THIS CASE PLEASE CORRECT
01:06 - 06.200 ME IF I'M WRONG.
01:06 - 08.170 I'M LOOKING FOR THE HIGHEST
01:06 - 09.830 DEGREE OF CULPABILITY HERE
01:06 - 10.990 WHICH IS RECKLESSNESS
01:06 - 12.810 AND YOU NEED TO SHOW THAT THIS
01:06 - 13.310 DEFENDANT
01:06 - 15.880 WAS AWARE THAT THERE WAS A
01:06 - 18.130 CONSCIOUS RISK OF HARM. IF YOU
01:06 - 18.990 PROCEED THROUGH THAT
01:06 - 20.870 INTERSECTION THE WAY SHE DID,
01:06 - 23.190 I'M LOOKING FOR THAT ONE FACT
01:06 - 24.960 THAT TELLS ME SHE KNEW THIS MAN
01:06 - 26.130 WAS IS GOING TO CROSS THAT
01:06 - 27.990 INTERSECTION AND SHE PROCEEDED
01:06 - 29.460 TO CROSS TO TALK TO THE
01:06 - 30.690 INTERSECTION WHILE HE WAS IN
01:06 - 32.470 NONETHELESS THAT'S WHAT I'M
01:06 - 33.150 LOOKING FOR.
01:06 - 35.840 >>WHEN YOU ARRIVE IN THE LAST
01:06 - 37.880 QUESTION I JUST ASKED YOU TO
01:06 - 39.700 THE DEFENDANT. TESTIMONY AT
01:06 - 41.840 TRIAL AND SHE WAS ASKED AND I
01:06 - 43.360 HOLD AS A PROFESSIONAL DRIVER
01:06 - 44.170 OF THE SANDERS.
01:06 - 45.800 DO YOU UNDERSTAND ESPECIALLY
01:06 - 47.380 DRIVING AND CANNABIS LIKE YOU
01:06 - 48.680 WERE ON THIS PARTICULAR DAY.
01:06 - 50.390 THERE'S A SIGNIFICANT RISK.
01:06 - 52.310 STRIKING ANOTHER VEHICLE OR
01:06 - 54.830 PERSON AND SHE SAYS YES AND THE
01:06 - 56.460 H.O.A. FUNDS AND THAT BY DOING
01:06 - 58.210 SO THAT RISK IS THAT BECAUSE
01:06 - 00.150 THE FORCES OF EVIL INJURY, A
01:07 - 01.920 POTENTIALLY CAUSE THE DEATH OF
01:07 - 03.250 SUCH PERSONS CORRECT.
01:07 - 06.130 >>AND HAVE THAT YOU'RE GIVING
01:07 - 06.460 ME A
01:07 - 08.910 GENERAL STANDARD EVEN I A
01:07 - 09.910 HEIGHTENED STANDARD FOR
01:07 - 11.890 COMMERCIAL DRIVER. WHAT I'M NOT
01:07 - 13.680 HEARING AND WHAT YOU'RE TELLING
01:07 - 17.090 ME IS. DID SHE BECOME
01:07 - 18.640 AWARE OF EVEN UNDER THAT
01:07 - 20.620 HEIGHTENED STANDARD OF CARE AND
01:07 - 23.010 SHE PROCEEDED AND THE FACEOFF
01:07 - 24.960 NONETHELESS KNOWING AND SHE
01:07 - 25.170 COULD
01:07 - 26.910 CAUSE INJURY. A NEW LOOK BACK
01:07 - 28.520 AND SHE WILL LET YOU PROCEED
01:07 - 28.700 WITH
01:07 - 29.150 A SHOT.
01:07 - 31.850 >>SHE PROCEEDED INTO THEN INTO
01:07 - 33.310 THE INTERSECTION NOT WAITING
01:07 - 34.400 THE FULL AMOUNT OF TIME.
01:07 - 36.360 DESPITE THE FACT KNOWING THAT
01:07 - 37.860 THAT LITTLE ABOUT ME FOR A
01:07 - 40.540 STREAM HAZARD AND SHE
01:07 - 42.140 SPECIFICALLY STATED THAT THAT
01:07 - 44.060 RULE IS IN PLACE TO BARGAIN FOR
01:07 - 44.670 ME TO GET THERE.
01:07 - 46.230 A KNEE INJURY TO
01:07 - 50.770 >>I HONESTLY THINK WE HAVE TO
01:07 - 53.160 MOVE TO ANOTHER THANK YOU BOTH.
01:07 - 54.530 THANK YOU COUNCIL.
01:07 - 58.440 I JUDGED TO COVERED MY
01:07 - 59.200 QUESTIONS.
01:08 - 01.780 OKAY JUDGE NICHOLS YOU JUST
01:08 - 02.470 RAISE YOUR HAND.
01:08 - 07.050 I UNDERSTAND MY UNDERSTANDING
01:08 - 08.560 IS COURT. NOW
01:08 - 10.690 HER NOT GUILTY OF IMPROPER LEFT
01:08 - 12.610 TURN IN FOUND HER NOT GUILTY OF
01:08 - 14.970 RECKLESS DRIVING. IT IS NOT
01:08 - 16.200 CORRECT. YES, YOUR HONOR.
01:08 - 17.730 DOWN AND
01:08 - 20.250 PROPER DEAL. NOT GUILTY OF
01:08 - 21.570 IMPROPER LEFT TURN AND
01:08 - 25.440 THAT STATUE. TO APPRECIATE
01:08 - 27.210 THE TURN A DIFFERENT APPROACH
01:08 - 28.530 THAT RAN IN THE STREAM LEFT
01:08 - 30.190 LANE AND SHE DID BACK
01:08 - 32.100 TURN INMATES BEING NOTHING TO
01:08 - 33.590 PUT IT BACK HOWEVER, THERE ARE
01:08 - 35.040 2 OTHER CHARGES THAT
01:08 - 36.830 SHE WAS CONVICTED OF GUARDING
01:08 - 39.090 MAKING A LEFT TURN. IN ADDITION
01:08 - 41.020 TO CARELESS DRIVING SHE WAS I
01:08 - 41.990 PICKED IT UP TO CARELESS
01:08 - 43.900 DRIVING CONVICTIONS AND SHE WAS
01:08 - 45.750 ALSO CONVICTED OF FAILURE TO
01:08 - 47.500 YIELD RIGHT OF WAY IMPROPER
01:08 - 49.190 MOVEMENT. I WANT TO HEAR WHAT
01:08 - 50.860 YOU KNOW RIGHT AWAY TO THE BEST
01:08 - 51.880 IN THE FALL
01:08 - 53.790 AND SHE WAS ALSO CONVICTED OF
01:08 - 55.240 UNLAWFULLY TRAINING BEFORE
01:08 - 56.320 TRACK TO BE MADE WITH
01:08 - 58.010 REASONABLE SAFETY. THAT'S ALL
01:08 - 58.870 YOU'RE GOING TO STAY AT
01:08 - 01.190 UNDERSTAND I UNDERSTAND IN THE
01:09 - 02.430 PREMIER YOUR YOUR COLLEAGUE
01:09 - 04.190 DEFENSE COUNCIL RD I'M TRYING
01:09 - 06.360 TO UNDERSTAND A SUBSTANDARD
01:09 - 07.910 STANDARD FOR RECKLESS
01:09 - 09.310 FOR RECKLESS AND SHE'S FOUND
01:09 - 10.720 NOT GUILTY TO RECKLESS DRIVING.
01:09 - 13.900 ISN'T BAD. THE SAME STANDARD OF
01:09 - 14.460 GROSS.
01:09 - 16.690 DISREGARD OF A GROSS
01:09 - 19.350 DEVIATION FROM THE APPROPRIATE
01:09 - 21.050 STANDARD OF CONDUCT WAS FOUND
01:09 - 22.600 NOT GUILTY OF RECKLESS DRIVING
01:09 - 24.340 IN THE THE JUDGE HEARD
01:09 - 26.730 TESTIMONY OF MISTER MORSI JUST
01:09 - 28.780 PRIZE NEXT 4. IT'S A THAT
01:09 - 29.500 TESTIFIED
01:09 - 31.950 THE IT COMES AFTER A YEAR PLUS
01:09 - 33.010 IN A RECKLESS CARELESS
01:09 - 35.010 NEGLIGENT MANNER WHICH CAUSED
01:09 - 35.700 THE CRASH
01:09 - 37.390 ON FRIDAY. YET THE
01:09 - 39.200 UNDERSTANDING AND HEARD SEVERAL
01:09 - 40.540 OF MY COLLEAGUES ON THE BENCH
01:09 - 42.030 AND A NAIL DOWN WHAT IS IS
01:09 - 42.730 RECKLESS
01:09 - 45.530 SUBSTANDARD STANDARD A RECKLESS
01:09 - 46.940 AND SHE'S FOUND GUILTY OF
01:09 - 47.900 RECKLESS DRIVING.
01:09 - 51.930 YOU KNOW WE HEARD ABOUT A BLIND
01:09 - 52.380 SPOT YOU
01:09 - 56.370 CAN SEE. THE PERSON OR SHE
01:09 - 58.060 MIGHT HAVE SEEN A PERSON FROM
01:09 - 59.230 FROM THE VIDEO.
01:09 - 01.550 THIS CRIME. SOME TRY TO REALLY
01:10 - 02.700 UNDERSTAND THE SUBSTANDARD
01:10 - 04.170 STANDARD OF RECKLESSNESS
01:10 - 05.660 OKAY THAT'S
01:10 - 06.770 SOMETHING THE STANDARD OF
01:10 - 08.380 RECKLESSNESS FOR THE CHARGE FOR
01:10 - 09.640 WHICH SHE WAS ACQUITTED
01:10 - 10.450 RECKLESS DRIVING
01:10 - 12.100 137 36.
01:10 - 14.190 >>IS A PERSON WHO DRIVES A
01:10 - 16.160 VEHICLE FULL FULL WANTON
01:10 - 18.090 DISREGARD FOR THE SAFETY OF
01:10 - 19.740 PERSONAL PROPERTY. THAT'S THE
01:10 - 20.930 STANDARD FOR THE OFFENSE FOR
01:10 - 21.870 WHICH SHE WAS A BIT.
01:10 - 23.700 THE STANDARD FOR THAT BREAKFAST
01:10 - 25.660 IS A HOMICIDE BY VEHICLE IS
01:10 - 27.630 A PERSON IS GUILTY OF HOMICIDE
01:10 - 29.770 BY VEHICLE AND RECKLESS OR
01:10 - 31.120 NEGLIGENT CAUSES THE DEATH OF
01:10 - 32.720 ANOTHER PERSON WHILE ENGAGED IN
01:10 - 34.130 VIOLATION OF A MOTOR VEHICLE
01:10 - 36.330 LAW AND THEN AND YOU'RE
01:10 - 37.540 DIRECTED TO. WE HAVE
01:10 - 39.950 2 OF CONTINUE TO LEAD TO THE
01:10 - 41.860 CRIMES BUT SAID HER SON
01:10 - 43.960 AFTER RECKLESSLY IF HE
01:10 - 45.520 CONSCIOUSLY DISREGARDED A
01:10 - 47.580 SUBSTANTIAL AND UNJUSTIFIABLE
01:10 - 49.800 RISK THAT THE MATERIAL ELEMENT
01:10 - 51.140 OF WHAT WE THOUGHT WAS HONDO
01:10 - 53.320 AND THIS RISK MUST BE SUCH A
01:10 - 55.140 NATURE AND CONSIDERING THE
01:10 - 56.630 NATURE AND INTENT OF THE ACTORS
01:10 - 58.510 CONDUCT AND THE CIRCUMSTANCES
01:10 - 58.740 NO
01:10 - 01.340 TO HIM. IT DISREGARDS INVOLVED
01:11 - 03.020 A FULL TV STATION FROM THE
01:11 - 04.390 STANDARD OF CONDUCT THAT A
01:11 - 05.810 REASONABLE PERSON WOULD SERVE
01:11 - 06.330 AND THE
01:11 - 07.590 ACTRESS SITUATION.
01:11 - 09.440 >>I WAS SAYING THAT IT'S 2
01:11 - 10.960 DIFFERENT STANDARDS AND I WOULD
01:11 - 13.060 SUBMIT THAT RECKLESS. YES, THE
01:11 - 14.410 CHARGE OF RECKLESS DRIVING IS
01:11 - 17.120 NOT IN THE HOMICIDE BY VEHICLE
01:11 - 18.620 STATUTE. FOR A COUPLE OF
01:11 - 18.990 REASONS.
01:11 - 21.690 NUMBER ONE. THIS IDEA BY PEOPLE
01:11 - 23.830 STATUTE DOES NOT THIS RECKLESS
01:11 - 25.140 DRIVING AS A
01:11 - 26.650 PREDICATE OFFENSES, RIGHT
01:11 - 27.990 THERE. IT SAYS THERE HAS TO BE
01:11 - 30.120 SOME VIOLATION OF THE VEHICLE
01:11 - 31.470 AND HERE THE DEFENDANT WAS
01:11 - 33.730 CONVICTED OF 4 FOR VIOLATIONS
01:11 - 34.290 OF THE VEHICLE.
01:11 - 36.350 SO RECKLESS DRIVING IS NOT A
01:11 - 37.800 CREDIBLE DEFENSE IS OF NO
01:11 - 40.060 MOMENT. THEY DON'T SEE THE
01:11 - 41.520 DEFENDANT WAS ACQUITTED OF THAT
01:11 - 43.400 FOR PURPOSES OF DEFICIENCY.
01:11 - 44.660 THE EVIDENCE OF HOMICIDE BY
01:11 - 46.940 VEHICLE AND EVEN IF THIS COURT
01:11 - 47.900 WERE TO SOMEHOW
01:11 - 51.340 THINK THAT WE HAVE SOME THINGS
01:11 - 52.820 THAT I PLAY HERE.
01:11 - 54.700 THE DEFENDANT IS STILL NOT ABLE
01:11 - 56.720 TO REALLY BECAUSE CONSISTENCY
01:11 - 58.260 CRIMINAL VERDICT IS NOT BE
01:11 - 00.190 FIRED AS LONG AS THERE'S
01:12 - 01.230 EVIDENCE TO SUPPORT THE
01:12 - 03.400 VERDICT. THE HOMICIDE BY
01:12 - 05.560 VEHICLE PAID. THE CONVICTIONS
01:12 - 07.110 AND I WOULD SUBMIT THERE WAS
01:12 - 08.700 ABUNDANT EVIDENCE IN THIS CASE
01:12 - 10.150 TO SUPPORT THE HOMICIDE BY
01:12 - 11.450 VEHICLE THAT SENSE.
01:12 - 13.880 AND I DO WANT TO POINT OUT THAT
01:12 - 15.990 THE DEFENDANT MENTION WALKER
01:12 - 17.140 SAYS TOOL AND YOU ALSO
01:12 - 18.000 MENTIONED THE CASE OF
01:12 - 19.700 COMMONWEALTH FIRST NIGHT WE ALL
01:12 - 21.510 FELT AND BASICALLY STATED THAT
01:12 - 22.970 BASED ON THOSE CASES.
01:12 - 24.500 HE HAS BEEN TOLD THAT WHEN THE
01:12 - 25.610 DEFENDANT IS ACQUITTED OF A
01:12 - 26.440 CREDIT DEVELOPMENT.
01:12 - 28.970 THE BUT THE GREATER OFFENSE TO
01:12 - 30.540 DEFENSE THAT ISSUE IN THAT CASE
01:12 - 32.060 CANNOT BE SUSTAINED WITH SOME
01:12 - 32.730 OF THOSE PIECES ARE
01:12 - 34.620 READILY DISTINGUISHABLE ALL
01:12 - 35.780 CASES INVOLVE PREDICATE
01:12 - 37.370 OFFENSES THAT WILL REQUIRE
01:12 - 38.710 STATUTORY ELEMENT TO THE
01:12 - 39.840 OFFENSE OF THAT ISSUE AND THE
01:12 - 41.250 DEFENDANT WAS A PRETTY GOOD
01:12 - 42.880 RECKLESS DRIVING IS
01:12 - 45.720 PREDICATE NO. THE WORDS HANG IN
01:12 - 46.750 FACT IN OUR BUILDING
01:12 - 48.540 INFORMATION WE LIST AS THE HEAD
01:12 - 49.740 OF CARELESS DRIVING.
01:12 - 52.040 >>SO THAT'S NOT TO EVEN BE AN
01:12 - 53.220 ISSUE IN THIS CASE,
01:12 - 55.690 I'M OKAY THANK YOU COUNCIL WERE
01:12 - 57.530 YOU REALLY BEYOND YOUR TIME NOW
01:12 - 58.610 THE JETS LAST YEARS YOU HAVE
01:12 - 00.150 ONE LAST QUESTION I DO IT.
01:13 - 02.510 >>I HATE TO QUESTIONS. I TRY TO
01:13 - 03.110 MAKE IT ONE.
01:13 - 07.220 >>THERE WAS TESTIMONY THAT THE
01:13 - 09.940 VIDEO THAT WAS TAKEN. I WAS
01:13 - 12.060 FOR MUCH HIGHER LEVEL THAN
01:13 - 13.830 WHERE IT IS A DRIVER WAS
01:13 - 14.250 DRIVING.
01:13 - 17.320 SO THAT WHAT SHE MAY HAVE SEEN
01:13 - 18.990 NOT NECESSARILY
01:13 - 20.820 WHAT THE VIDEO MIGHT HAVE
01:13 - 22.870 RECORDED. 2 IS
01:13 - 25.920 THAT CORRECT. TESTIMONY WASN'T
01:13 - 27.770 THAT IS APPROXIMATELY 5 FEET
01:13 - 29.540 ABOVE HER HEAD AND SO THE
01:13 - 31.180 PICTURE OF HER AND THEN OUTSIDE
01:13 - 32.760 THAT BEING SAID YOUR HONOR.
01:13 - 36.110 IT THAT'S MY QUESTION. OK I
01:13 - 38.150 UNDERSTAND ALL RIGHT. MY OTHER
01:13 - 40.420 QUESTION IS. UNDERSTAND THAT
01:13 - 42.500 THE RULE OF LEVITY APPLY TO A
01:13 - 44.560 JURY TRIAL. THE BENCH TRIAL.
01:13 - 53.070 A TRIAL COURT WOULD NOT BE
01:13 - 55.060 INCONSISTENT IN THEIR VERDICT.
01:13 - 56.780 IN TERMS
01:13 - 58.280 OF LEVITY THEY'RE NOT GOING TO
01:13 - 00.190 COMPROMISE A VERDICT AND TO
01:14 - 01.550 THE LAITY IT WOULD BE
01:14 - 03.200 CONSISTENT IN TERMS OF FACTUAL
01:14 - 04.000 DETERMINATION.
01:14 - 10.470 >>WELL COUNCIL THANK YOU VERY
01:14 - 12.340 MUCH AN EXCELLENT ARGUMENT ON
01:14 - 14.720 BOTH SIDES AND I THINK THAT
01:14 - 15.630 WE'RE READY FOR THE 3RD
01:14 - 16.540 ARGUMENT TODAY.
01:14 - 19.950 >>THE NEXT CASE TO BE ARGUED.
01:14 - 22.880 JUDGES JOURNAL. HE'LL ONE YEAR
01:14 - 25.700 0, 4, AND KEEP IN THE INTEREST
01:14 - 28.290 OF CV APPEAL OF A B.
01:14 - 32.330 AND APPEAL OF ITS PEAK.
01:14 - 35.690 ATTORNEY IN JULY AND
01:14 - 36.090 YOU HEAR.
01:14 - 41.850 >>YOUR HONOR.
01:14 - 50.740 ATTORNEY JOE OTTE AND IT
01:14 - 52.250 APPEARS THAT YOU ARE LOGGED IN
01:14 - 54.200 TWICE. SO YOU'RE GOING TO HAVE
01:14 - 56.790 LOG OUT OF ONE OF THE SESSIONS
01:14 - 57.680 THAT'S WHY WE'RE GETTING THAT
01:15 - 06.420 >>I BELIEVE A LOT ABOUT
01:15 - 08.750 ONE IRAQ. I'M BETTER THANK YOU.
01:15 - 11.280 BUT FIRST THE NEW YEAR.
01:15 - 15.950 COULD YOU PLEASE ENABLE YOUR
01:15 - 17.420 VIDEO, I'M DOING THAT RIGHT
01:15 - 17.620 NOW.
01:15 - 32.090 >>HER NAME GOING TO ENABLE YOUR
01:15 - 32.420 AREA.
01:15 - 35.960 IT COULD BE UNABLE TO A VOTE.
01:15 - 44.330 >>ATTORNEY GETTING BACK
01:15 - 00.070 >>HEAR THAT ARE YOU DIVIDING
01:16 - 02.720 YOUR YEAR. YES, WE ARE ON OR
01:16 - 05.560 ARE YOU RUNNING. WELL NOT YOU
01:16 - 08.370 GET THERE. I 4. IF YOU'RE A
01:16 - 08.660 RUNNER.
01:16 - 15.700 THE PERSON OURS.
01:16 - 19.750 I ACTUALLY TO AFFIRM THE TRIAL
01:16 - 20.680 COURT CORRECT.
01:16 - 26.010 AND THANK YOU FOR CORRECTING
01:16 - 27.170 THAT WE
01:16 - 29.830 APPRECIATE IT. BUT TRAXLER
01:16 - 31.350 READY TO HEAR THE SUMMARY OF
01:16 - 34.100 THE CASE THANK YOU FOR JOINING
01:16 - 34.400 US.
01:16 - 38.460 >>THE VILLAINS IN THIS AND
01:16 - 40.810 S P FOR PARENTS TO 3 CHILDREN
01:16 - 44.560 KB A B IT'S A B. THEY ALSO CARE
01:16 - 47.130 FOR LYSEE WHO IS S P'S CHILD
01:16 - 47.340 FROM A
01:16 - 49.750 PRIOR RELATIONSHIP AND THE SPAN
01:16 - 51.490 OF A FOUR-DAY PERIOD IN OCTOBER
01:16 - 52.590 2019.
01:16 - 55.220 MAYBE A 5 MONTH-OLD SUSTAINED
01:16 - 58.510 INJURIES. TOBER 11. AMY AND AS
01:16 - 58.990 HE WENT OUT
01:16 - 01.630 FOR DINNER. WELL TO BE A BEAVER
01:17 - 04.290 WAS ONE BABYSITTER NYC AND SAVE
01:17 - 05.160 EVEN WITH A SECOND
01:17 - 06.900 BABY SITTER THE CHILDREN ARE
01:17 - 08.200 SLEEPING UPON THE TALENTS
01:17 - 09.720 RETURN TO THE HOME BUT LATER
01:17 - 11.650 THAT EVENING. THE FOLLOWING
01:17 - 12.070 MORNING
01:17 - 14.360 OCTOBER 12TH. PALIN SON SHOT A
01:17 - 15.860 PILOT HOLDER WITH THE 2
01:17 - 18.140 BABYSITTERS THE PALACE RETURNED
01:17 - 19.610 AT 5.30 THAT YOU NEED
01:17 - 22.620 AND THE BABYSITTER 14 THE STATE
01:17 - 24.170 OVERNIGHT TO ASSIST CARING FOR
01:17 - 24.720 THE CHILDREN.
01:17 - 28.200 2 BIRTHDAY TEENS TELL US WHAT
01:17 - 29.550 YOU ARE FOR THE DAY WHILE THE
01:17 - 30.800 CHILDREN ARE MADE. THE
01:17 - 33.420 BABY SITTERS. LET'S RETURN AT
01:17 - 34.060 10:00PM
01:17 - 35.820 THAT EVENING. THE BABYSITTER'S
01:17 - 37.480 LEFT THE HOME WHILE A PATERNAL
01:17 - 39.150 GRANDMOTHER STAYED OVERNIGHT TO
01:17 - 41.650 HIS CARING FOR KATIE AND A B.
01:17 - 43.520 THE FOLLOWING MORNING ON
01:17 - 45.470 OCTOBER 14TH. APPELLANTS
01:17 - 47.220 DISCOVERED KB WAS INJURED AND
01:17 - 47.560 TAKEN TO
01:17 - 50.030 THE HOSPITAL. A SKILLED SURVEY
01:17 - 51.550 REVEALED THE BABY SUFFERED A
01:17 - 53.390 BROKEN BONE IN HIS RIGHT ARM
01:17 - 54.650 RIGHT SHOULDER FRACTURE.
01:17 - 58.050 THE PROCEEDINGS COMMENCED AND
01:17 - 59.520 THE TROUBLE THAT THE REQUEST OF
01:17 - 00.740 THE TRUCK FIND A
01:18 - 02.450 BALANCE TO BE PERPETRATORS OF
01:18 - 04.120 CHILD ABUSE ESTA KATIE
01:18 - 06.780 A TRIAL COURT ORDERS OF
01:18 - 08.140 PATIENTS AND DISPOSITION
01:18 - 10.060 ADJUDICATED ALL SHOULDER
01:18 - 12.130 DELINQUENT. SO THE GOAL IS TO
01:18 - 14.010 BE PERPETRATORS OF CHILD ABUSE
01:18 - 16.620 AND THAT CAN BE BE FROM THE
01:18 - 18.420 HOME APPELLANTS APPEALED.
01:18 - 20.770 3 ISSUES ARE RAISED BEFORE THE
01:18 - 22.650 COURT TODAY. WHAT ONE OF
01:18 - 23.790 THE TRIAL WHERE DID THE U.S.
01:18 - 25.650 JUSTICE QUESTION IN FINDING THE
01:18 - 27.240 BALANCE FOR PERPETRATORS OF
01:18 - 30.350 CHILD ABUSE ESTA KB TO WHETHER
01:18 - 31.700 THE TRIAL SORT OF USED ITS
01:18 - 33.300 DISCRETION BY G TAKING THE
01:18 - 34.520 CHILDREN AND THAT IS
01:18 - 36.830 AND 3 WHETHER THE TRIAL COURT
01:18 - 39.780 ABUSED ITS DISCRETION A B AND
01:18 - 42.500 AB FROM THE HALL. LET US NOW
01:18 - 43.550 TURN TO THE ARGUMENT.
01:18 - 45.830 >>THAT TRACK THANK YOU VERY
01:18 - 47.020 MUCH AND THANK YOU FOR JOINING
01:18 - 48.480 US THIS MORNING WE APPRECIATE
01:18 - 49.340 IT VERY MUCH.
01:18 - 51.580 JUNE AND JULY WERE READY TO
01:18 - 53.010 HEAR ON BEHALF OF THE TOWN.
01:18 - 58.360 >>THANK YOU YOUR YOU'RE
01:18 - 00.440 WORKING HERE. YES, YES. I
01:19 - 01.880 THINK HERE. I MEAN HE'S THE
01:19 - 02.910 COURT MY NAME IS MICHAEL IN
01:19 - 04.340 JULY. THEY'RE PRESENT BOTH THE
01:19 - 05.400 MOTHER AND THE FATHER IN THIS
01:19 - 07.940 CASE. YOU ARE WE ARE ASKING
01:19 - 09.490 RESPECTFULLY THAT THE PORT BIG
01:19 - 10.440 KEEP THE FINDING OF CHILD
01:19 - 12.470 ABUSE. THIS BOTH THE MOTHER AND
01:19 - 12.990 THE FATHER.
01:19 - 15.440 IN YOUR OWN OF MY MY ARGUMENT
01:19 - 16.740 WE'RE FOCUSED MOSTLY ON THE
01:19 - 17.810 FUNDING OF CHILD ABUSE IN THIS
01:19 - 18.620 CASE HAS
01:19 - 20.520 THE FUNDING OF DEPENDENCY AND
01:19 - 21.450 REMOVAL OF THE CHILDREN.
01:19 - 23.640 STEMMED FROM THE EVENT A CHILD
01:19 - 26.240 THAT WAS THAT WAS THE FOCAL
01:19 - 27.660 POINT OF THAT RECORD THAT'S WHY
01:19 - 29.110 EVERYTHING ELSE HAPPENED.
01:19 - 31.210 YOU ARE IN THIS CASE THAT
01:19 - 32.510 RECORD MADE SEVERAL VERY
01:19 - 35.800 SPECIFIC FINDINGS. AND COMING
01:19 - 36.990 AFTER THE LAST CASE AND
01:19 - 38.230 WATCHING THAT CASE.
01:19 - 40.720 I WOULD ECHO THE STATEMENTS
01:19 - 42.870 THAT BUT THE COURT ME AND
01:19 - 43.500 COUNCIL MADE.
01:19 - 47.050 THAT RECORD IN THIS CASE THAT
01:19 - 49.190 MOTHER AND FATHER EACH DID NOT
01:19 - 51.360 EITHER. INTENTIONALLY OR
01:19 - 52.750 KNOWINGLY INTO THE CHILD.
01:19 - 55.560 THE TRIAL COURT FOUND THIS CASE
01:19 - 56.780 ME THAT THE RECKLESSNESS
01:19 - 58.790 STANDARD. THE TRUCK ARE ALSO
01:19 - 00.840 SPECIFICALLY FOUND IN ITS
01:20 - 03.200 OPINION FOR THE MOTHER AND
01:20 - 06.080 FATHER ON PAGE. 7 FROM OTHER
01:20 - 07.290 EVEN PG FOR FATHER
01:20 - 10.550 EACH OF THEM FAILED TO PROTECT
01:20 - 11.030 THE CHILD.
01:20 - 13.360 AND. THAT RECORD NEVER FOUND
01:20 - 14.580 THAT EITHER OF THE PARENTS,
01:20 - 16.370 SPECIFICALLY HARM THE CHILD.
01:20 - 21.400 EACH OF THESE FINDINGS HAVE TO
01:20 - 23.430 BE CONSIDERED TOGETHER THEY
01:20 - 24.510 HAVE TO CONSIDER THAT AS A
01:20 - 24.970 WHOLE.
01:20 - 28.650 SO FAR IT HAS THERE'S
01:20 - 30.930 YOU KNOW FINDING THAT OUT OF
01:20 - 32.040 FEAR AND TENSION HARM THE
01:20 - 34.980 CHILD. AND WHEN WHEN YOU LOOK
01:20 - 35.840 AT THEM IN THE HOLE
01:20 - 38.350 AND YOU ANALYZE EACH OF THE OF
01:20 - 39.980 THE FINDINGS IN THAT IN TERMS
01:20 - 40.850 OF THE APPROPRIATE LEGAL
01:20 - 41.560 STANDARDS.
01:20 - 44.470 IT DOESN'T SUPPORT A CONCLUSION
01:20 - 45.830 THAT OTHER MOTHER OR FATHER HAD
01:20 - 48.100 ABUSED CHILD AND THEN
01:20 - 49.960 SPECIFICALLY KATIE WAS THE ONLY
01:20 - 52.020 CHILD THAT SUFFERED ABUSE.
01:20 - 56.010 YOU OR I WOULD I WOULD STATE.
01:20 - 59.070 ONE THING ON THE RECORD ARE ONE
01:20 - 00.460 THING TO CORRECT.
01:21 - 07.870 THE FACTS THAT WERE PRESENTED
01:21 - 09.120 TO THE TRIAL COURT DID INCLUDE
01:21 - 10.650 A FOUR-DAY PERIOD THAT RECORD
01:21 - 11.920 ALSO MADE A VERY SPECIFIC
01:21 - 12.300 FUNDING.
01:21 - 14.930 HE NARROWED THE TIME FRAME OF
01:21 - 16.720 ABUSE THAT HE FOUND FROM I
01:21 - 18.050 BELIEVE 10 O'CLOCK ON SUNDAY
01:21 - 19.930 NIGHT TO TO MONDAY MORNING WHEN
01:21 - 21.000 THE CHILD WAS DISCOVERED.
01:21 - 23.750 USED. AND WE
01:21 - 25.140 WOULD UP. WE KNOW THAT THE
01:21 - 27.550 COURT. TAKE NOTE OF THAT.
01:21 - 32.410 WHO'S UP WITH THIS COURT AND
01:21 - 33.500 AND THE SUPREME COURT HAS SET
01:21 - 35.370 UP VERY SPECIFIC STANDARDS FOR.
01:21 - 37.990 FINDINGS OF CHILD ABUSE AND
01:21 - 39.650 THERE'S BASICALLY 3 WAYS TO
01:21 - 41.660 FIND. THE CHILD ABUSE HAPPENED
01:21 - 42.290 THERE IS.
01:21 - 45.300 COMMISSION WHICH IS WHICH IS A
01:21 - 47.090 POSITIVE ACT THAT HARMS A CHILD
01:21 - 48.230 CAUSING BODILY INJURY TO A
01:21 - 50.930 CHILD. MISSIONS
01:21 - 53.230 WHICH HAS A VERY SPECIFIC JOB
01:21 - 54.730 BUT FOR CAUSATION STANDARD.
01:21 - 57.850 IT'S KNOWINGLY OR SHOULD HAVE
01:21 - 58.210 KNOWN
01:21 - 01.920 A SUBSTANTIAL. RISK INDIVIDUAL
01:22 - 03.600 CONSCIOUSLY AND JUSTIFIABLY.
01:22 - 05.310 DISREGARDED.
01:22 - 09.020 AND THERE'S ALSO SECTION
01:22 - 12.190 6381 P. WHICH WHICH IS SORT OF
01:22 - 13.430 A CATCH-ALL PROVISION FOR FOR
01:22 - 16.340 PERSONS IN HOME. BUT IN THIS
01:22 - 18.810 I WOULD ARGUE THAT CONSIDERING
01:22 - 20.670 THE SUPREME COURT'S HOLDING
01:22 - 21.710 IN NBA.
01:22 - 26.590 63 1 IS A LIKABLE TEEN
01:22 - 29.140 SON KICKS. NBA WAS A CASE
01:22 - 30.950 INVOLVING A MOTHER WHOSE
01:22 - 32.400 DAUGHTER WAS SEXUALLY ABUSED.
01:22 - 34.070 SHE WAS TAKEN TO THE HOSPITAL
01:22 - 36.880 IN TIME TO HAVE AN AREA THE
01:22 - 39.270 TRIAL COURT. I FOUND THAT THE
01:22 - 40.430 MOTHER WAS RESPONSIBLE FOR THE
01:22 - 41.550 ABUSE BECAUSE SHE WAS SHE WAS
01:22 - 43.290 IN THE HOME. SHE DIDN'T CAUSE
01:22 - 45.470 THE GONORRHEA THE SUPREME COURT
01:22 - 47.550 ULTIMATELY INDICATED THAT THERE
01:22 - 48.310 WAS NO.
01:22 - 50.300 INDICATION IN THE RECORDS THAT
01:22 - 51.270 THE MOTHER EITHER KNEW OR
01:22 - 52.900 SHOULD HAVE KNOWN THAT THE SHOW
01:22 - 55.090 WAS BEING ABUSED AND SOME
01:22 - 56.350 THINGS TO HIGHLIGHT IN THE CASE
01:22 - 56.740 WORK.
01:22 - 00.250 IN FACT LIKE THE INVESTIGATORS
01:23 - 01.520 THE SUPREME COURT NOTED ALSO IN
01:23 - 02.730 ITS OPINION MOTHER LIED TO
01:23 - 04.410 INVESTIGATORS IN THAT CASE AND
01:23 - 05.490 INDICATED THERE WERE NO MALES
01:23 - 06.690 LIVING IN THE HOME. I
01:23 - 08.790 WENT OUT. IF THERE WAS A STEP
01:23 - 10.810 UP IN THE HOME WHO ULTIMATELY
01:23 - 11.780 THE CHILD IS CLOSED DUE TO
01:23 - 14.410 ABUSE HER. AND IN THE STANDS IN
01:23 - 15.780 STARK CONTRAST TO THIS CASE
01:23 - 17.850 WHERE AT ALL TIMES THE PARENTS
01:23 - 18.670 WERE COOPERATE WITH THE
01:23 - 19.520 INVESTIGATORS.
01:23 - 21.540 THEY RUSHED THE CHILD TO THE
01:23 - 22.800 HOSPITAL IMMEDIATELY UPON
01:23 - 24.960 FINDING INJURY AND AND THERE'S
01:23 - 26.070 NO INDICATION THAT THEY LIKE
01:23 - 26.480 ANYBODY.
01:23 - 29.960 WHAT DO
01:23 - 32.810 YOU THINK YOUR 4 MINUTE RIDE IT
01:23 - 33.000 WAS.
01:23 - 44.500 THANK YOU GOOD MORNING COUNCIL
01:23 - 44.900 COUNCIL.
01:23 - 47.510 >>COUNT ON CURIOUS ABOUT HOW
01:23 - 49.030 YOU ATTEMPT TO DISTINGUISH THE
01:23 - 51.510 IN A BIG CASE ON THAT WAS THE
01:23 - 52.780 CASE WITH THE BALL
01:23 - 55.460 WAS FOUND TO ACTUALLY
01:23 - 57.530 TRANSMITTED DISEASE WHICH WAS
01:23 - 59.170 AN OBVIOUS I THINK THAT'S
01:24 - 02.150 THE NATURE AND THAT TYPE OF A
01:24 - 03.370 FEW SHORT LEAST AT THAT.
01:24 - 05.610 LET THE COURT TO APPEAL TO THAT
01:24 - 08.170 THE PROJECTIONS NOT PEOPLE
01:24 - 08.340 UNDER
01:24 - 11.630 6381 8. IN THIS CASE YOU HAVE A
01:24 - 14.130 CHILD WHO'S GOT BONE INJURIES
01:24 - 16.070 ARE WHICH ARE NOT NATURALLY
01:24 - 16.600 CAUSED.
01:24 - 18.940 IF WE CAN ASSUME FOR THE MOMENT
01:24 - 21.030 THAT 6381 HE DOES APPLY IN THIS
01:24 - 23.170 CASE. WHAT EVIDENCE THAT
01:24 - 25.250 YOU PRESENT TO REBUT THAT
01:24 - 25.890 PRESUMPTION.
01:24 - 32.440 >>IF YOU'RE SOME POSSIBLE.
01:24 - 34.940 WHAT EVIDENCE DID YOU PRESENT
01:24 - 35.680 TO REBUT THAT.
01:24 - 39.500 >>OH
01:24 - 40.880 YES, YOUR HONOR I WOULD POINT
01:24 - 42.170 TO TO TO TO BACKS.
01:24 - 47.120 THE EVIDENCE BELOW SHOWS
01:24 - 48.910 THE
01:24 - 50.130 2 PARENTS WERE ON THE ON THE
01:24 - 51.290 3RD FOR THIS UP ON THE 3RD
01:24 - 53.370 FLOOR, WELL TV SLEPT ON THE
01:24 - 56.650 SECOND FLOOR THE WHY SEE
01:24 - 57.750 GRANDMOTHER WHO WAS CARING FOR
01:24 - 59.360 THE CHILD OVERNIGHT. ALSO THE
01:24 - 00.600 ALSO SLEPT ON THE FLOOR.
01:25 - 03.560 ALSO THE SECOND FLOOR OF THE
01:25 - 04.970 SENATE DOES THE SECOND FLOOR
01:25 - 06.250 WITH WITH THE TWINS ARE WITH
01:25 - 07.340 KATIE WHO WAS INJURED IN ITS
01:25 - 09.190 HISTORY. WHO WAS ON THE FLOOR
01:25 - 11.070 AS WELL. YOU ARE I WOULD ALSO
01:25 - 12.920 KEEP IT I THINK THAT
01:25 - 14.630 THE THE OBVIOUSNESS OF THE
01:25 - 15.910 INJURY WITH WITH GONORRHEA
01:25 - 18.300 UNDER UNDER NBA. WOULD UP.
01:25 - 22.880 WHAT WHAT THE SUPREME COURT
01:25 - 24.730 ULTIMATELY HELP WAS IN THE CASE
01:25 - 26.620 OF PERPETRATED BY A MISSION.
01:25 - 28.570 THAT THE STANDARD WOULDN'T
01:25 - 30.150 APPLY. IF THERE WAS NO EVIDENCE
01:25 - 32.340 ON THE RECORD THE PARENT LEADER
01:25 - 33.250 KNEW OR SHOULD HAVE KNOWN THAT
01:25 - 34.990 THE ABUSE HAPPENED AND THAT'S
01:25 - 36.000 WHAT WE HAVE IN THIS CASE,
01:25 - 36.860 THERE'S NO EVIDENCE IN THE
01:25 - 39.190 RECORD THE PARENTS KNEW OR
01:25 - 39.900 SHOULD HAVE KNOWN
01:25 - 42.310 THAT THE CHILD WAS AT RISK OR
01:25 - 43.290 THAT THEY CONSCIOUSLY AND
01:25 - 45.140 JUSTIFIABLY DISREGARDED
01:25 - 47.630 THAT RISK AND THAT'S IMPORTANT
01:25 - 48.340 WHEN YOU TAKE INTO
01:25 - 49.300 CONSIDERATION. THE FACT THAT.
01:25 - 51.010 THE TRIAL COURT FOUND THAT
01:25 - 52.450 PEOPLE DIDN'T KNOWINGLY OR
01:25 - 53.160 INTENTIONALLY HARM
01:25 - 53.570 THE CHILD
01:25 - 59.070 THAT THAT REALLY STRUCK ME YOU
01:25 - 59.810 CAN'T DO THIS.
01:26 - 02.080 >>WHAT YOU WOULD DO IT IS.
01:26 - 05.260 TO REBUT THE PRESUMPTION IS IT
01:26 - 06.110 TRUE. THE PRESUMPTION
01:26 - 08.130 DISAPPEARS AND THEN THE BURDEN
01:26 - 10.350 OF PROOF REMAINS AS IT SHOULD
01:26 - 11.580 BE WITHOUT THE PRESUMPTION.
01:26 - 14.500 >>YOU'RE ON YOUR OWN ADMISSION,
01:26 - 15.210 YOU KNOW WHAT ARE YOU THAT THE
01:26 - 16.360 PRESUMPTION IS IN A FOOTBALL
01:26 - 17.300 UNDER THE UNDER THE SUPREME
01:26 - 19.470 COURT CASE BUT BUT IN IN SO IN
01:26 - 20.280 GENERAL HE'S.
01:26 - 22.840 ONE ONCE THE EVIDENCE IS
01:26 - 23.790 PRESENTED TO HER ABOUT THE
01:26 - 25.300 RESUMPTION OF ITS SHIPS BACK TO
01:26 - 26.700 THAT THE BURDEN SHIFTS BACK
01:26 - 29.910 >>RIGHT OVER AN INCH AND IT'S
01:26 - 31.500 OCEAN CAN NO LONGER BE LOOK TO.
01:26 - 32.720 RIGHT
01:26 - 35.520 I YEAH, YOU KNOW IT'S A SO SO
01:26 - 37.360 THE PRESUMPTION IS FOR WHEN ONE
01:26 - 38.310 BASICALLY MANY DON'T KNOW WHAT
01:26 - 40.840 HAPPENED AND THANK YOU TO HIS
01:26 - 43.130 HOME. I JUDGE THE JUDGE.
01:26 - 49.920 >>THANK YOU I JUST HAD A
01:26 - 51.070 QUESTION WAS THE TO THE
01:26 - 52.710 GRANDMOTHER TESTIFY IN THIS
01:26 - 53.350 CASE.
01:26 - 00.130 >>NO YOUR HONOR NOT IN THE
01:27 - 01.390 KEYS. SHE DID TALK TO
01:27 - 03.710 THE INVESTIGATORS. YOU JUST DID
01:27 - 05.630 FILE INDICATED REPORT OF ABUSE
01:27 - 06.640 AGAINST THE GRANDMOTHER AS
01:27 - 08.880 WELL. SHE DIDN'T TESTIFY IN THE
01:27 - 10.640 CASE. THAT RECORD MADE AN
01:27 - 12.030 IMPORTANT POINT THAT IT DID
01:27 - 12.420 NOT.
01:27 - 15.050 MAKE ANY FINDINGS CONCERNING
01:27 - 15.920 THE GRANDMOTHER BECAUSE THE
01:27 - 17.060 CASE WAS ABOUT THE MOTHER AND
01:27 - 19.240 FATHER. SO SO IT DIDN'T ENTER
01:27 - 20.620 ANY FINDINGS STARTING THE
01:27 - 22.090 GRANDMOTHERS REPORT, IT JUST
01:27 - 24.730 THE MOTHER AND FATHER SO
01:27 - 27.380 SO SHE DIDN'T TESTIFY AND SO
01:27 - 28.110 THERE WAS NO CREDIBILITY
01:27 - 28.920 FINDINGS OR ANYTHING.
01:27 - 31.740 EXPLANATIONS OFFERED BY THE BY
01:27 - 32.340 THE GRANDMOTHER.
01:27 - 37.220 THE TRUMP OR DIDN'T
01:27 - 39.350 SPECIFICALLY DIDN'T HER
01:27 - 40.390 RESPONSIBILITY IN THE MATTER.
01:27 - 45.240 I
01:27 - 48.720 I HAD
01:27 - 49.150 A QUESTION.
01:27 - 51.490 >>ISN'T THIS CASE CLOSER TO THE
01:27 - 54.210 LZ CASE AND WHICH THE SUPREME
01:27 - 56.290 COURT UPHELD THE APPLICATION OF
01:27 - 58.160 THIS SECTION 60 CREATE ONE
01:27 - 59.850 PRESUMPTION UNDER THE
01:27 - 01.280 CIRCUMSTANCES BECAUSE IT WAS A
01:28 - 03.030 SITUATION SIMILAR THIS ONE
01:28 - 04.450 WHERE THE CHILD'S INJURIES.
01:28 - 08.710 YOU KNOW, YOU KNOW THE CAUSE OR
01:28 - 10.810 ORDINARILY NOT ANGERED SIS
01:28 - 12.700 AND SET BY REASON THE ACTS OR
01:28 - 14.190 OMISSIONS OF THE PARENT OR THE
01:28 - 16.090 PERSON. RESPONSIBLE FOR THE
01:28 - 17.900 CHILD'S WELFARE. HE TALKED
01:28 - 20.570 ABOUT NBA. WHICH INVOLVED A
01:28 - 22.340 SEXUALLY TRANSMITTED DISEASE.
01:28 - 24.360 BUT HERE AND THE FACTS OF THIS
01:28 - 25.640 CASE YOU HAVE AN INJURY.
01:28 - 28.100 THERE WERE MULTIPLE. PEOPLE.
01:28 - 31.240 DANA SAID HER WHAT THEY SAY ONE
01:28 - 32.700 THING HERE TO RETURN A
01:28 - 34.180 GRANDMOTHER IN THE INSTANT
01:28 - 37.320 CASE. SO IT'S NOT CLEAR EXACTLY
01:28 - 39.690 BUT
01:28 - 41.980 ISN'T BAD. MORE SO IT ISN'T
01:28 - 43.640 THAT MORE NOW THIS LG CASE IN
01:28 - 45.330 WHICH THE SUPREME COURT UPHELD
01:28 - 47.360 THAT INCLUDES 76 IN GAME ONE
01:28 - 48.870 THE PRESUMPTION GET BLOCKED.
01:28 - 53.660 IN OTHER CIRCUMSTANCES. IT'S
01:28 - 55.610 NOT CLEAR. HOW THE INJURY
01:28 - 56.600 OCCURRED ESPECIALLY WITH AN
01:28 - 58.600 INFANT OR ARE NOT COMMUNICATIVE
01:28 - 00.740 CHILD BECAUSE OF AGE.
01:29 - 05.060 >>YOU'RE THINKING, I'M GLAD YOU
01:29 - 05.770 BROUGHT UP THOSE E
01:29 - 07.470 I THINK THERE'S 2 IMPORTANT
01:29 - 08.730 DISTINCTION BETWEEN BETWEEN
01:29 - 11.610 THIS CASE AND L Z. THE FIRST OF
01:29 - 13.850 ALL ARE THE SPECIFIC FINDINGS
01:29 - 14.980 THAT THAT RECORD MADE IN THIS
01:29 - 16.970 CASE REGARDING THE
01:29 - 19.330 FAILING TO PROTECT THE CHILD
01:29 - 21.320 AND NOTHING INDICATING THAT THE
01:29 - 23.440 PARENTS. INTENTIONALLY OR
01:29 - 24.530 KNOWINGLY DID ANYTHING FOR THE
01:29 - 26.250 CHILD AND THOSE FINED IF YOU
01:29 - 28.030 DON'T HAVE AN L Z AND.
01:29 - 30.570 THE FACTS IN LSU'S SECOND
01:29 - 31.940 STATIONS I THINK THE FACTS IN L
01:29 - 34.670 Z. EVERY STATE SO I KNOW
01:29 - 36.920 YOU HAD TO INDIVIDUALS WHO.
01:29 - 39.030 I CAN'T CONTROL THAT HAVE YOU
01:29 - 40.210 HEARD OF HIM AND A MOTHER
01:29 - 43.620 AND THERE WAS SOME QUESTION
01:29 - 45.020 WHETHER THE MOTHER WAS WAS
01:29 - 47.020 THERE ON A PARTICULAR DAY THAT
01:29 - 48.060 THAT ONE OF THE INJURIES.
01:29 - 50.110 BUT WHAT A LOT OF PEOPLE
01:29 - 53.270 OVERLOOKED IN L Z IS THAT THERE
01:29 - 54.320 WEREN'T THERE ARE MULTIPLE.
01:29 - 56.560 EVENTS THAT HAPPENED TO THE
01:29 - 58.020 CHILD OVER A PERIOD OF TIME.
01:29 - 00.100 EVERYBODY ELSE HE FOCUSES ON.
01:30 - 00.580 THIS
01:30 - 03.860 EGREGIOUS INJURY TO THE TOUCH
01:30 - 05.080 OF GENIUS IN THAT CASE.
01:30 - 07.340 BUT IT IN ADDITION TO THAT
01:30 - 08.300 THERE WERE OTHER INJURIES THERE
01:30 - 09.850 WAS A DAY FOR ASHLEY WHICH
01:30 - 12.990 WHICH WAS FOUND TO BE SEVERELY
01:30 - 14.530 NEGLECTFUL AND HAD EVOLVED INTO
01:30 - 14.660 AN
01:30 - 16.030 EAST INFECTION. WITH WHAT'S
01:30 - 17.540 HAPPENED OVER TIME AND THERE
01:30 - 19.220 WAS ALSO A A SQUEEZING INJURY
01:30 - 20.560 TO THE CHILD'S MOUTH WHICH.
01:30 - 22.200 THE DOCTOR TESTIFIED WAS
01:30 - 24.080 INDICATIVE OF ABUSE. SO YOU
01:30 - 25.210 HAVE PEOPLE IN THE HOME
01:30 - 27.490 WHO WERE WITH THE CHILD OVER
01:30 - 28.690 TIME AND THESE INJURIES OCCUR
01:30 - 30.090 OVER TIME IN THIS CASE, THE
01:30 - 32.200 TRIAL COURT. NARROWED IT DOWN
01:30 - 34.050 TO ONE SPECIFIC TIME BETWEEN I
01:30 - 35.050 BELIEVE HE SAID BETWEEN 10
01:30 - 37.220 O'CLOCK ON SUNDAY NIGHT AND AT
01:30 - 38.460 LEAST 6.30 IN THE MORNING.
01:30 - 39.860 ON MONDAY MORNING WHEN FATHER
01:30 - 42.440 WENT DOWN. AFTER HER TV SCREEN.
01:30 - 44.330 SO IT'S A
01:30 - 45.810 VERY DIFFERENT TYPE OF CASE
01:30 - 46.630 BECAUSE THERE'S THIS ONE
01:30 - 48.140 SPECIFIC INJURY AND THERE'S
01:30 - 49.550 THESE VERY SPECIFIC FINDINGS BY
01:30 - 50.380 THE TRUCK COURT THAT THE
01:30 - 51.680 PARENTS DIDN'T INTENTIONALLY.
01:30 - 59.490 IS IT THAT THE SESSION 60
01:30 - 01.670 CREATING ONE B PRESUMPTION DOES
01:31 - 02.500 NOT APPLY.
01:31 - 04.310 >>OR IT WAS BLOOD.
01:31 - 08.780 >>THOSE IN THIS
01:31 - 11.490 THE FIRST OF ALL I WOULD ARGUE
01:31 - 12.770 THAT IT DOESN'T APPLY BECAUSE
01:31 - 14.480 OF NBA AND AND WHAT THEY SAID
01:31 - 15.890 ABOUT A PERPETRATOR BY A
01:31 - 17.570 MISSION AND IN THIS CASE.
01:31 - 18.780 THAT
01:31 - 20.960 RECORDS FINDINGS ADD UP TO A
01:31 - 22.130 PERPETRATOR BY EMISSIONS
01:31 - 22.820 STANDARDS WERE
01:31 - 25.430 THE INJURED WOULD HAPPEN TO
01:31 - 26.790 HAVE HAPPENED BUT FOR THE
01:31 - 29.020 ABSENCE OF ACTION BY EITHER
01:31 - 31.880 PARENT. WHICH WOULD BE THE
01:31 - 32.990 INDIVIDUAL IN THE HOME.
01:31 - 35.720 YOU KNOW WITH THE
01:31 - 37.100 SPECIFIC FINDINGS OF THE TRUMP
01:31 - 38.110 WHAT I DON'T THINK THERE'S ANY
01:31 - 39.440 OTHER CONCLUSION THE COUNTRY
01:31 - 40.510 BUT IT WAS A PERPETRATOR.
01:31 - 41.210 BY
01:31 - 43.220 MISSION CASE AND NBA INDICATED
01:31 - 45.340 THAT 63 AND ANYONE HE IS NOT
01:31 - 46.510 APPLICABLE IN THOSE CASES
01:31 - 49.130 ALSO THE THE ORIGINAL PANEL
01:31 - 50.290 DECISION IN THIS CASE.
01:31 - 53.380 MENTIONED HOW. THE EVIDENCE
01:31 - 54.420 THAT THE PARENTS OFFERED HAD
01:31 - 55.530 REBUT THE PRESUMPTION
01:31 - 58.080 63 ON MONDAY. THE GRANDMOTHER
01:31 - 59.240 WAS ON THE SECOND FLOOR.
01:31 - 01.670 NOT TO NOT TO THAT'S THE SPRING
01:32 - 03.640 BREAKING ON A NEW YORK, BUT BUT
01:32 - 05.230 SHE WAS ON THE SECOND FLOOR HAD
01:32 - 06.870 THE OPPORTUNITY. NOBODY
01:32 - 08.570 DISCOVERED THE INJURY UNTIL
01:32 - 08.910 FATHER
01:32 - 11.130 WENT DOWN 06:30AM IN THE
01:32 - 12.340 MORNING AFTER YEAR THE CHILD'S
01:32 - 13.880 SCREEN. AND AND THEN
01:32 - 15.020 IMMEDIATELY WHEN I GOT MOTHER
01:32 - 17.050 SHOWED IN THE ARM. MOTHER
01:32 - 18.080 IMMEDIATELY TOOK THE CHILD
01:32 - 20.230 TO EYE. THE OF THE USUAL
01:32 - 21.390 HOSPITAL THAT THEY GO TO IS
01:32 - 23.350 WHERE HE'S VIRTUALLY IN THE
01:32 - 25.210 40'S. WHERE
01:32 - 26.390 YOU KNOW WHERE THEY ALWAYS
01:32 - 27.830 RECEIVE CARE THE PETERSON WAS
01:32 - 28.810 RIGHT DOWN THE ROAD FROM THERE.
01:32 - 31.040 THEY TOOK IMMEDIATE ACTION
01:32 - 32.300 THAT'S ANOTHER DISTINCTION FROM
01:32 - 34.730 FROM THE CASE IN THE CASE THAT
01:32 - 35.970 ALL THE COURT
01:32 - 38.740 KATE SNOW. THAT THEY DID NOT
01:32 - 39.760 YOU KNOW DESPITE THE GRUESOME
01:32 - 40.670 INJURY TO THE CHILD.
01:32 - 42.520 THEY DID NOT RETURN TO THE
01:32 - 44.180 HOSPITAL TO STOP AND DOUGHNUTS
01:32 - 45.380 ON THE WAY WHICH WHICH IS
01:32 - 46.420 HIGHLIGHTED IN THE OPINION.
01:32 - 48.220 IN THIS CASE, THE ONE ST.
01:32 - 49.660 2. THE HOSPITAL WHERE THE
01:32 - 50.840 CHILDREN NORMALLY RECEIVE THEIR
01:32 - 51.240 CARE.
01:32 - 53.720 AND AN ATTENDANT IMMEDIATELY TO
01:32 - 54.740 THE CHILD ARMS.
01:32 - 59.280 A FEW
01:32 - 01.160 QUICK QUESTIONS DOES THE
01:33 - 02.110 RECORD REFLECT.
01:33 - 04.350 >>THAT THE GRANDMOTHER AND THE
01:33 - 05.350 BABYSITTER THAT
01:33 - 07.660 STATE OVERNIGHT. I ALSO HAVE
01:33 - 09.220 ACCESS TO THE CHILD FOR THE
01:33 - 09.960 RELEVANT TIME.
01:33 - 13.890 YOU ON THE RECORD IN CASE THAT
01:33 - 15.030 THAT THAT THE GRANDMOTHER WAS
01:33 - 16.440 SET ON THE SECOND FLOOR.
01:33 - 19.500 >>WHERE BOTH A BEE AND KATY THE
01:33 - 20.960 ALSO SLEPT.
01:33 - 25.260 QUESTION VERY
01:33 - 27.490 QUICKLY IS. ALTHOUGH YOU
01:33 - 29.060 SAY THEY RUSHED THE CHILD TOOK
01:33 - 30.100 THE CHILD IMMEDIATELY TO
01:33 - 32.440 THE HOSPITAL WITH THE TRUCKS
01:33 - 34.150 RIGHT IN PHILADELPHIA. THEY DID
01:33 - 35.630 TAKE THE CHILD TO A HOSPITAL
01:33 - 36.060 OVER AN
01:33 - 40.250 HOUR AWAY. REST INCORRECT ARE
01:33 - 43.060 CORRECT. YOU'RE ON A
01:33 - 43.890 CHOPPER WAS
01:33 - 45.470 CHOP IS A CLOSER HOSPITAL, BUT
01:33 - 46.290 THEY TOOK THE CHILD TO THE
01:33 - 47.100 HOSPITAL WHERE THE CHILD
01:33 - 50.550 NORMALLY GOES AND AND I DON'T I
01:33 - 51.610 DON'T BELIEVE FOR PURPOSES OF
01:33 - 52.780 FINDING CHILD ABUSE AND ITS.
01:33 - 55.220 THAT'S RELEVANT. IF THE ACT
01:33 - 56.260 ALREADY HAPPENS.
01:33 - 59.880 YOU KNOW YOU KNOW THAT POINT
01:33 - 00.860 THEY DISCOVERED THE CHILD THE
01:34 - 02.270 ACTOR IS ALREADY THERE AND.
01:34 - 06.170 THERE'S NO ONE IS JUST LIKE YOU
01:34 - 07.590 KNOW SEE YOU HAVE TO LOOK AT
01:34 - 09.830 THE WHOLE FACTUAL SITUATION.
01:34 - 12.310 >>AND IN L Z CONCERNS WERE
01:34 - 12.750 RAISED
01:34 - 14.180 OVER THAT FAILURE TO
01:34 - 15.940 IMMEDIATELY RAISE A CHILD WITH
01:34 - 17.520 HIS TEAM IS BELIEVING TO
01:34 - 19.350 THE HOSPITAL. JUST ANSWER MY
01:34 - 20.910 QUESTION THEN THEY TAKE THIS
01:34 - 22.780 CHILD TO A HOSPITAL WHICH WILL
01:34 - 25.510 AND OUR WAY RATHER THAN CHOPS
01:34 - 26.790 WHEN THEY RESIDED IN
01:34 - 27.500 PHILADELPHIA.
01:34 - 30.680 >>HERE I DO, BUT I THINK THAT I
01:34 - 31.470 THINK THAT'S AN IMPORTANT
01:34 - 33.910 STATION TOO BECAUSE IN L Z, THE
01:34 - 35.130 FACT THAT THEY TOOK THE JOB,
01:34 - 36.490 THEY WENT TO DUNKIN DONUTS
01:34 - 37.930 FIRST HIGHLIGHTS THE BROADER
01:34 - 39.350 PATTERN OF NEGATIVES.
01:34 - 41.360 HERE WHERE WHEN THEY TOOK THE
01:34 - 43.470 CHILD TO TO OUR VIRTUAL I THINK
01:34 - 44.520 IT HIGHLIGHTS THAT THE
01:34 - 45.660 ATTENTIVENESS THAT THE PARENTS
01:34 - 47.390 SHOW. IN THIS CASE THE RECORD
01:34 - 48.650 TO PLEAD WITH REFERENCES THAT
01:34 - 50.200 YOU KNOW THE BABYSITTER'S THAT
01:34 - 51.130 THE PARENTS HIRED THEY'VE
01:34 - 52.710 GOTTEN FROM CARE-DOT-COM A LOOK
01:34 - 53.960 AT FRANCE'S THEY LOOKED AT.
01:34 - 56.390 BACKGROUNDS. WHEN
01:35 - 02.480 >>OUR WAY IT'S MY RECOLLECTION
01:35 - 03.590 CORRECT THAT THAT'S WHAT THE
01:35 - 05.240 RECORD SAYS THAT MIGHT REQUEST.
01:35 - 09.370 IT IS CORRECT YOUR HONOR I
01:35 - 13.490 THINK THAT. RIGHT NOW YOUR TIME
01:35 - 15.000 IS UP ON THE
01:35 - 17.530 OTHER SIDE. WYATT OVERSERVED
01:35 - 19.230 MINUTE. BUT LET ME
01:35 - 22.960 JUST RISERS OKAY TIME IS UP BY
01:35 - 24.730 THE QUESTION. I DO.
01:35 - 29.350 I UNDERSTAND
01:35 - 30.150 THE PRESUMPTION.
01:35 - 32.460 >>IN THIS CASE IS THAT IT'S A
01:35 - 34.000 PRESUMPTION IS NOT PROVIDED.
01:35 - 36.180 AND A CHILD WAS INJURED.
01:35 - 39.110 SOMEONE IS ASSIGN THE BLAME FOR
01:35 - 40.720 THE INJURY. AND THIS
01:35 - 43.000 CASE, ALTHOUGH THE PARENTS WERE
01:35 - 45.000 AWAY FOR 3 DAYS OVER THE VERY
01:35 - 47.050 FIRST TIME. THE VISITORS THAT
01:35 - 48.940 THEY TRUSTED AND A GRANDMOTHER
01:35 - 50.910 THAT THEY TRUSTED. NEITHER OF
01:35 - 52.500 THE PARENTS WHO ARE WILLING TO.
01:35 - 55.920 THAT ANY BLAME BE ASSIGNED
01:35 - 58.010 EITHER TO THE GRANDMOTHER OR TO
01:35 - 59.940 THE BABIES AND MY CORRECT.
01:36 - 06.270 >>PRESUMPTION BY SAYING.
01:36 - 08.930 THE CHILD WAS LEFT IN BABY
01:36 - 10.400 SITTERS CARE OR THE PROS
01:36 - 12.190 LIFTING GRANDMA'S HAIR AND WE
01:36 - 13.380 DIDN'T HAVE ANYTHING TO DO WITH
01:36 - 16.850 >>YOU'RE ON IT THAT THE PARENTS
01:36 - 18.880 GIVE AN ACCOUNTING OF HOW DO
01:36 - 20.250 YOU KNOW THE TIMELINE OF THE
01:36 - 21.760 EVENTS AND THEN THE KID THAT
01:36 - 23.200 DIDN'T KNOW WHAT HAPPENED I
01:36 - 23.380 DON'T.
01:36 - 32.260 >>DO YOU BELIEVE
01:36 - 33.990 GATED THEIR RESPONSIBILITY TO
01:36 - 35.740 SOMEONE AND THAT OTHER PERSON
01:36 - 37.910 IS NOT FOUND TO BE IN LANE.
01:36 - 40.240 IN THE COURT IS CONSTRAINED
01:36 - 42.250 UNDER THE PRESUMPTION TO
01:36 - 44.440 ASSIGN. WELL CAUSE OF
01:36 - 46.830 THE INJURY TO THE PARENTS WHO
01:36 - 48.890 HAVE ASSIGNED. THE DELEGATION.
01:36 - 51.010 THAT'S WHAT STEPS.
01:36 - 53.740 >>I BELIEVE THAT'S PROBABLY
01:36 - 55.920 THAT'S INCORRECT. IF THERE'S
01:36 - 57.210 MULTIPLE PEOPLE OVER A PERIOD
01:36 - 59.620 OF TIME. AND IT'S CONSECUTIVE.
01:37 - 04.400 >>AND YOU KNOW ONE AN LZ.
01:37 - 07.420 IT WAS AN ADDITIONAL PERSON
01:37 - 08.390 THERE, BUT THEY STILL
01:37 - 10.730 NOW THE SUPREME COURT STILL
01:37 - 12.870 FOUND THE RESUMPTION OF 5 TO
01:37 - 15.190 MOTHER. AND YOU CALL THEM.
01:37 - 17.940 WE'RE HERE WAS VERY GOOD
01:37 - 19.790 PLUS IT. HE DIDN'T
01:37 - 21.240 KEEP THEIR CHILDREN OUT OF THE
01:37 - 23.500 YOU REALLY FIND THE PARENTS.
01:37 - 26.900 VERY QUICKLY AND HE EVEN SAID
01:37 - 27.740 TO THE PARENTS.
01:37 - 29.200 I DON'T THINK YOU'RE BOTH
01:37 - 30.600 PARENTS BUT THIS IS THE
01:37 - 32.810 PRESUMPTION APPLIES IN THIS
01:37 - 33.260 CASE.
01:37 - 40.030 ARE WE SAYING THAT THE
01:37 - 41.250 PRESUMPTION IS NOT.
01:37 - 45.500 THAT WOULD PLACE IS IT.
01:37 - 48.270 >>YOUR HONOR I THINK I THINK
01:37 - 49.730 THAT STATEMENT OF THE LAW.
01:37 - 52.940 REFLECTED IN THIS CASE
01:37 - 54.540 HAS TO IGNORE THE OTHER
01:37 - 55.690 FINDINGS MADE BY THE TRIAL
01:37 - 57.060 COURT YOU HAVE TO IGNORE THE
01:37 - 59.020 FACT THAT THAT RECORD SAID THAT
01:37 - 00.360 THE PARENTS FAILED TO PROTECT.
01:38 - 01.860 YOU HAVE TO IGNORE THE FACT
01:38 - 02.950 THAT THE TRUCK WERE FOUND THAT
01:38 - 03.960 THERE WAS NO INTENTIONAL OR
01:38 - 06.230 KNOWING. INJURY TO THE CHILD A
01:38 - 07.550 PARENT SHIFTED NOR THE FACT
01:38 - 08.710 THAT THE CHILD THAT REPORT.
01:38 - 10.130 SO THERE WAS RECKLESSNESS THAT
01:38 - 11.310 RAPPER DIDN'T ANALYZE THE
01:38 - 11.700 BREAKFAST,
01:38 - 13.730 THE STANDARD I MEAN LIKE I
01:38 - 15.260 DON'T THINK THE COURT SAID THAT
01:38 - 16.780 THE PARENTS DID THIS IN
01:38 - 18.130 INITIALLY I THINK THAT WHAT THE
01:38 - 19.160 TRIAL COURT'S IT IS.
01:38 - 19.630 >>IN
01:38 - 22.030 THE AD AND SEVERE CIVICALLY
01:38 - 23.630 BEING ABLE TO REBUT WHAT
01:38 - 25.720 HAPPENED TO THIS CHILD AND WHEN
01:38 - 26.170 IT HAVE.
01:38 - 31.300 IT
01:38 - 33.680 WAS FAIR RESPONSIBILITY AND
01:38 - 39.960 >>YOUR HONOR THAT THE TRUCK OR
01:38 - 41.290 ELSE. THE SPECIFICALLY SAID
01:38 - 42.980 THAT EACH PARENT FAILED TO
01:38 - 44.250 PROTECT THE CHILD WHICH IS AN
01:38 - 45.500 ACT OF ABUSE BY A MISSION.
01:38 - 46.690 AND THE SUPREME COURT
01:38 - 48.390 SPECIFICALLY SAID IN INDIA
01:38 - 50.520 THAT THE 6381 THE PRESUMPTION
01:38 - 51.810 IS IN A CLICKABLE IN CASES BY A
01:38 - 52.920 MISSION WHERE THERE'S NO
01:38 - 54.260 EVIDENCE OF RECORD THAT THE
01:38 - 55.670 PARENTS EITHER KNEW OR SHOULD
01:38 - 57.990 HAVE KNOWN THAT THERE WAS A
01:38 - 58.650 RISK TO THE CHILD.
01:38 - 03.140 >>I WAS THE PFIZER.
01:39 - 06.350 GENERAL MCCAFFREY,
01:39 - 08.800 A QUESTION AND THAT NO I I JUST
01:39 - 09.600 WANT TO ECHO WHAT MISTER IN
01:39 - 10.730 JULY SHOULD MISTER IN JULY
01:39 - 12.210 CORRECT ME IF I'M WRONG BUT LZ
01:39 - 13.440 RESTED UPON THE FACT THAT YOU
01:39 - 14.440 HAD AN INJURY
01:39 - 16.340 WHICH WAS SUSTAINED TO A CHILD
01:39 - 17.500 AND THE SUPREME COURT BY
01:39 - 19.070 JUSTICE BEAR OFFERED THE
01:39 - 20.200 OPINION THAT SAID THAT THIS
01:39 - 21.230 MOTHER WAS HELD.
01:39 - 24.560 I PRESUME TO BE IN POSITION
01:39 - 27.090 UNDER 6381 BE A FIGHT BECAUSE
01:39 - 28.740 THAT CHILD WAS IN THE EXCLUSIVE
01:39 - 30.430 CARE CUSTODY AND CONTROL OF
01:39 - 31.520 THIS PARTICULAR PARENTS
01:39 - 33.550 AND NBA. THE SUPREME COURT
01:39 - 34.730 OVERTURNED HARCOURT THE
01:39 - 35.810 SUPERIOR COURT BECAUSE WE
01:39 - 37.990 APPLIED THE 6380. IF YOU WANT
01:39 - 40.370 THE PRESUMPTION ASIAN WHERE YOU
01:39 - 43.560 HAD. A YOUNG CHILD WHO
01:39 - 45.000 DIAGNOSED
01:39 - 46.840 WITH CHLAMYDIA AND UNDER
01:39 - 48.450 CIRCUMSTANCES WHERE NOBODY
01:39 - 49.600 COULD EXPLAIN HOW IT HAPPENED
01:39 - 50.470 INCLUDING THE CHILD.
01:39 - 53.790 THEIR I'M JUST KIND
01:39 - 55.680 OF CURIOUS. IF THE TRIAL COURT
01:39 - 56.940 DID MAKE A DETERMINATION THAT
01:39 - 58.300 THERE WAS ANY KNOWING OR
01:39 - 59.740 AFFIRMATIVE ACT FROM THE HEART
01:39 - 01.020 ON THE PART OF THE PARENT.
01:40 - 03.240 WHAT SPECIFIC RECKLESS CONDUCT
01:40 - 04.670 OF THE TRIAL COURT RELY UPON IN
01:40 - 06.760 ORDER TO IMPOSE THE 6381 THE
01:40 - 08.310 PRESUMPTION BECAUSE TO MY MIND
01:40 - 09.720 THAT'S THE ONLY QUESTION WE
01:40 - 11.320 HAVE BEFORE US BECAUSE OUR
01:40 - 12.690 SUPREME NBA WAS
01:40 - 16.390 PRETTY CLEAR. THE 6363 WANT
01:40 - 18.140 THE PRESUMPTION. I CAN'T BE
01:40 - 19.670 APPLIED LESS YOU'VE GOT A
01:40 - 20.770 FINDING BY A LOWER COURT
01:40 - 22.760 BECAUSE ACT OF RECKLESSNESS OR
01:40 - 23.570 FROM THE CONDUCT.
01:40 - 27.560 >>YOUR I THINK I THINK THAT'S
01:40 - 28.470 THE EXACT PROBLEM WITH
01:40 - 30.390 THE CASE. I WOULD NOTE THAT
01:40 - 31.570 YOUR HONOR THAT THAT RECORD DID
01:40 - 32.960 NOT MAKE A FINDING THAT THAT
01:40 - 34.580 THE GRANDMOTHER DID NOT I
01:40 - 35.620 INTENTIONALLY OR KNOWINGLY
01:40 - 35.880 HARMED
01:40 - 37.640 THE CHILD ONLY THAT THIS
01:40 - 38.650 RECKLESSNESS STANDARD APPLIED
01:40 - 39.600 TO THE PARENTS. HE DIDN'T
01:40 - 40.080 ADDRESS.
01:40 - 43.890 >>BUT TRY TO I WOULD SAY THAT
01:40 - 45.410 THEY WERE RECKLESS BECAUSE IF
01:40 - 46.500 YOU DON'T HAVE A SPECIFIC
01:40 - 47.640 FINDING IF YOU DON'T HAVE
01:40 - 49.300 AND ACTOR AFFAIRS AFTER A
01:40 - 50.820 DIRECT RESULT IN HER CAUSES
01:40 - 53.630 INJURY. TO THE CHILD. HOW CAN
01:40 - 54.650 THE PRESUMPTION BE APPLIED
01:40 - 55.940 UNDER THE CIRCUMSTANCES.
01:41 - 01.950 >>YES YOU WANT TO BE ON THAT
01:41 - 04.110 RECORD FACTS WHICH COULDN'T
01:41 - 05.050 MEET THE RECKLESSNESS STANDARD.
01:41 - 06.470 THANK YOU. THANK YOU.
01:41 - 10.420 YOU VERY MUCH VERY MUCH THE
01:41 - 11.340 SAME JULY
01:41 - 11.890 ON NOW.
01:41 - 13.760 >>I STARTED BEFORE ATTORNEY
01:41 - 14.820 EARLY IN THE JOURNEY OF ARE
01:41 - 15.550 SOME WHO LIKE TO
01:41 - 16.160 GO FIRST.
01:41 - 19.090 >>I RUN OR I WILL GO MISSOURI
01:41 - 19.960 LOOK I ARE SPLITTING THEIR
01:41 - 22.180 TIME FIFTY-FIFTY I'LL BE
01:41 - 24.140 ADDRESSING THE PRESUMPTION AND
01:41 - 25.200 THEY PUT THE BUILDING AT THE
01:41 - 27.130 PRESUMPTION AND THIS OR LOOK
01:41 - 29.120 WILL ADDRESS THE WEATHER THE
01:41 - 31.090 THE PRESUMPTION IS PROVIDED IN
01:41 - 33.240 THIS CASE. OKAY SO YOU HAVE 2
01:41 - 35.040 MINUTES FOR RIGHT NOW OK.
01:41 - 37.910 WITH RESPECT TO NBA JUST TO GET
01:41 - 39.530 THAT OUT OF THE WAY FIRST THE
01:41 - 42.240 IMMEDIATE ISSUE AN NBA. AS IT
01:41 - 43.100 AS IT WAS FRAMED
01:41 - 44.500 WAS IT CONCERNED A
01:41 - 46.300 CHARACTERIZATION OF THE INJURY
01:41 - 48.430 IN THAT CASE AND WHETHER THAT
01:41 - 50.100 TYPE OF I THINK THAT THE CHILD
01:41 - 51.190 ABUSE FOR THAT TYPE OF CHILD
01:41 - 52.470 ABUSE IN THAT CASE THE SUBJECT
01:41 - 53.380 OF THE PRESUMPTION.
01:41 - 55.020 WEATHER IS A QUESTION NATURE
01:41 - 56.370 THAT WOULD ORDINARILY NOT OCCUR
01:41 - 57.400 PROPERTY. ACTOR MISSION
01:41 - 57.950 APPARENTLY
01:41 - 00.350 COURT EXPLICITLY STATED THAT IT
01:42 - 01.670 WAS NOT ADDRESSING PERPETRATOR
01:42 - 03.210 BY OMISSION WAS ADDRESSING THE
01:42 - 04.550 ISSUE OF WHETHER OR NOT THE
01:42 - 05.940 PRESUMPTION APPLIES WHEN
01:42 - 07.650 THERE'S IDENTIFY 3RD PARTY
01:42 - 09.480 PERPETRATOR. THE COURT SAID ON
01:42 - 10.450 THOSE FACTS
01:42 - 11.850 IF THERE WAS TO BE AN ABUSE
01:42 - 13.880 FINDING IN THAT CASE THEN THE
01:42 - 15.210 AGENCY WOULD HAVE HAD TO RELY
01:42 - 16.660 ON PERPETRATOR BY OMISSION BUT
01:42 - 17.780 THAT WAS PICKED UP IN THAT
01:42 - 20.030 CASE. THE CASE IS EXPLICITLY AS
01:42 - 21.560 I SAID ABOUT CHARACTERIZATION
01:42 - 22.200 OF THE INJURY.
01:42 - 24.850 THIS INJURY IN
01:42 - 26.780 THIS CASE IS AND ISN'T IN THAT
01:42 - 28.260 IT INVOLVED IN IT WITH A BROKEN
01:42 - 30.600 ARM THAT'S TELLS E THAT'S A
01:42 - 31.810 PHYSICAL INJURY IS
01:42 - 33.710 CLEARLY OF SUCH A NATURE THAT
01:42 - 35.300 SUBJECT TO THE PRESUMPTION LZ
01:42 - 36.840 IS CRYSTAL CLEAR ON THAT.
01:42 - 40.090 WITH AGAIN WITH RESPECT TO GET
01:42 - 41.050 BACK TO L Z.
01:42 - 43.830 LZ WAS CLEAR THAT IT WAS FAIR
01:42 - 46.980 REQUIRE A PARENT TO ACCOUNT FOR
01:42 - 49.800 AN INJURY. WHEN A CHILD IS IN
01:42 - 52.150 THEIR CARE. SO ONCE THE AGENCY
01:42 - 53.530 SHOWS THAT THE INJURY OF SUCH A
01:42 - 54.980 TAPE THAT IS COMMONLY
01:42 - 56.520 ASSOCIATED WITH THE USE OF SUCH
01:42 - 57.120 A NATURE,
01:42 - 00.010 THE AGENCY LOOKS TO THE PARENT.
01:43 - 01.530 WHEN THE COURTS LOOK TO THE
01:43 - 03.040 PARENTS TO ACCOUNT FOR THAT
01:43 - 05.610 INJURY ANY PARENT IN. I MEAN
01:43 - 07.890 FOR THAT INJURY IS REQUIRED TO
01:43 - 08.370 EXPLAIN
01:43 - 10.380 THE INJURY AND L Z SAYS THAT
01:43 - 11.970 THAT THE REBUTTAL HERE COULD BE
01:43 - 14.100 ONE OF 2 FORMS IS A FOOTNOTE 15
01:43 - 16.160 OF L Z. THE REBUTTAL COULD
01:43 - 17.010 BE EITHER
01:43 - 19.720 THE PAIR GAVE
01:43 - 21.110 RESPONSIBILITY FOR THE CHILD TO
01:43 - 22.460 A 3RD PARTY IN THE END NO
01:43 - 23.870 REASON TO SUSPECT WAS INJURED
01:43 - 25.740 CHILD OR THEY'RE SIMPLY NOT
01:43 - 26.360 RESPONSIBLE FOR
01:43 - 28.040 THE INJURIES IN THIS CASE THEY
01:43 - 29.180 DID REBUT THAT PRESUMPTION
01:43 - 30.220 UNDER EITHER OF THOSE 2
01:43 - 32.100 SCENARIOS ARE LOCAL DRESS THAT
01:43 - 32.800 IN DETAIL.
01:43 - 36.600 WITH RESPECT TO RECKLESSNESS
01:43 - 37.830 FINDING IN THIS CASE BY JUDGE
01:43 - 40.230 FERNANDEZ. MICHAELS IS FINDING
01:43 - 41.000 GOOD FUN AND AS.
01:43 - 43.030 WAS UNNECESSARY IN THIS CASE
01:43 - 44.230 THEY WENT FOR JUDGE GRANTED
01:43 - 44.970 WENT FURTHER THAN HE
01:43 - 46.600 NEEDED TO WHEN HE FOUND THAT
01:43 - 47.540 THE POSSESSION AND NOT BEEN
01:43 - 49.410 REBUTTED THAT IN THE INQUIRY
01:43 - 51.970 DURING THE REBUTTAL PRESUMPTION
01:43 - 53.750 IS NOT THE PANDA CULPABILITY OR
01:43 - 54.550 STATE OF MIND.
01:43 - 57.400 THE ONLY REQUIREMENT FOR
01:43 - 58.720 THE PRESUMPTION TO BE INVOKED
01:43 - 00.350 IS THAT THE INJURY FALLS IN THE
01:44 - 02.010 CATEGORY OF INJURY SUBJECT TO
01:44 - 03.190 THE PRESUMPTION THAT'S IT,
01:44 - 05.760 COLONEL BILITY IS NOT A
01:44 - 07.460 CONSIDERATION. FOR THE
01:44 - 09.110 INVOCATION OF THE PRESUMPTION.
01:44 - 11.490 HERE JUDGE FERNANDEZ DID IN
01:44 - 13.230 FACT ADDRESS RECKLESSNESS BUT
01:44 - 14.920 IN HIS IN ADDRESSING RECKLESS
01:44 - 16.330 THIS ESPECIALLY IN HIS ORAL
01:44 - 18.310 DECISION FROM THE BENCH WHEN HE
01:44 - 19.530 DELIVERED THAT AT THE END OF
01:44 - 21.270 THE HEARING. HE ADDRESSED THAT
01:44 - 23.010 IN THE CONTEXT OF REASSURING
01:44 - 24.410 THE PARENTS THAT
01:44 - 27.050 THE THAT REUNIFICATION HERE WAS
01:44 - 27.960 THE GOAL THAT ALTHOUGH THAT
01:44 - 29.000 SHOULD THE CHILD HAVE BEEN
01:44 - 30.080 REMOVED FROM THEIR CARE.
01:44 - 32.040 THE CHILD WOULD BE RETURNED TO
01:44 - 33.110 THEIR EARS TO MIMIC THE
01:44 - 35.660 CONDITIONS FOR. REUNIFICATION
01:44 - 37.090 AND IN ADDRESSING THAT HE
01:44 - 38.570 STATED THAT HE DIDN'T FIND THE
01:44 - 40.030 ATTACK INTENTIONAL EMPLOYMENT
01:44 - 41.920 CAN KNOWING IT. THE ONLY THING
01:44 - 42.140 LEFT
01:44 - 44.170 WAS RECKLESSLY DOESN'T
01:44 - 45.570 NECESSARILY YOU KNOW IT'S
01:44 - 47.250 FRIDAY SORT OF MOTIVE OR INTENT
01:44 - 49.290 TO THE PARENTS OF ITS RECKLESS
01:44 - 50.580 FINDING THAT WOULD CHANGE.
01:44 - 52.720 BRAND HAS MADE CLEAR IN HIS
01:44 - 54.650 COMMENTS FROM THE BACK. NOW
01:44 - 56.630 YES, HE DID HE DID ADDRESS, YOU
01:44 - 57.930 KNOW RECKLESSNESS IN HIS
01:44 - 59.830 DECISION. BUT AGAIN
01:45 - 02.620 THAT WAS NECESSARY IT'S IT WHEN
01:45 - 03.840 HE DIDN'T HAVE TO GO THAT FAR
01:45 - 05.350 AND THERE'S A RECENT PANEL HAS
01:45 - 06.430 APPEARED COURT DECISION
01:45 - 09.380 ON IN SEE IT WAS JUST A PUBLIC
01:45 - 10.480 FIGURE, YOU KNOW, I'M A
01:45 - 11.900 FEW MONTHS. YOU HAVE TO GO TO
01:45 - 14.030 37 8 35 5, 3,
01:45 - 18.220 YOU KNOW WHERE WHERE THE
01:45 - 20.910 COURT ADDRESSED. I KNOW WHAT IT
01:45 - 22.290 TAKES TO REBUT THE PRESUMPTION
01:45 - 25.000 AND THERE THE COURT FOUND THAT
01:45 - 27.510 IT ANALYZED FINDING OUT
01:45 - 29.260 STANDARD CHILD ABUSE UNDER 63
01:45 - 30.390 '03 B WHICH IS NOT
01:45 - 32.090 THE PRESUMPTION. BUT ALSO
01:45 - 34.420 FINDING UNDER THE PRESUMPTION
01:45 - 35.960 IN CRITICALLY AND CRUCIALLY THE
01:45 - 37.200 COURT DID IN THAT DECISION
01:45 - 39.480 WAS AND ALLIES. THE FINDINGS
01:45 - 41.120 INDEPENDENTLY AND SEPARATELY
01:45 - 43.140 GOOD MORNING FOR SURE
01:45 - 44.310 IF WE'RE GOING TO HAVE TIME TO
01:45 - 45.690 YOU'RE ON THE COUNCIL WE'VE GOT
01:45 - 45.750 TO
01:45 - 48.410 STOP HERE. OK I JUST HAVE ONE
01:45 - 50.500 QUESTION DOES THE YOUNG DOES
01:45 - 50.650 THE
01:45 - 53.200 RECORD REFLECT. THAT THE
01:45 - 55.130 GRANDMOTHER OR EITHER OF THE
01:45 - 57.190 OTHER 2 BABYSITTERS ALSO HAD
01:45 - 58.750 ACCESS TO THE CHILD.
01:45 - 00.340 >>DURING THE RELEVANT TIME
01:46 - 02.650 PERIOD WHEN THEY'LL FIND THE
01:46 - 03.720 INJURY OCCURRED.
01:46 - 05.080 >>WELL THE WORLD THAT TIME
01:46 - 06.230 PERIOD AS DOWN BY THE
01:46 - 08.500 TRIAL COURT IS FROM
01:46 - 10.150 APPROXIMATELY 10:11PM SUNDAY
01:46 - 12.550 NIGHT INTO 7 O'CLOCK OR SO THE
01:46 - 13.300 NEXT MORNING.
01:46 - 15.260 THE BABYSITTER'S HAD LEFT AT
01:46 - 17.480 THAT THE TEST MONEY WAS WHEN
01:46 - 19.560 THE BABY SITTER'S LEFT. THE
01:46 - 19.970 CHILD WAS
01:46 - 22.330 CARRIED UPSTAIRS AND DOCTOR
01:46 - 23.920 BRANDON MEDICAL EXPERT
01:46 - 25.160 TESTIFIED THAT GIVEN THE NATURE
01:46 - 25.220 OF
01:46 - 27.500 THESE INJURIES. THE CHILD WOULD
01:46 - 30.320 EXHIBITS EXTREME PAIN UPON
01:46 - 31.690 BEING JUST NEARLY HANDLED THE
01:46 - 32.600 CHILD HEAD INJURIES AT
01:46 - 33.940 THAT TIME AND THERE'S NO
01:46 - 35.960 TESTIMONY OF ANY EXTREME PAIN
01:46 - 37.990 BY THE CHILD UP UNTIL THE
01:46 - 40.290 TIME THAT IT WAS REPORTED BY
01:46 - 41.990 THE PARENTS AS BEING 5 OR 6
01:46 - 43.160 O'CLOCK THE NEXT MORNING
01:46 - 44.860 AND HIS PAIN WAS SO EXTREME
01:46 - 46.280 DOCTOR GRANT TESTIFIED THAT THE
01:46 - 47.680 TIME REQUIRED POWERFUL
01:46 - 50.090 NARCOTIC MEDICATION TO TREAT
01:46 - 51.200 THE PAIN AND TO CONTROL THE
01:46 - 51.960 CHILD'S PAIN.
01:46 - 54.290 AND THERE'S NO INDICATION OF A
01:46 - 56.120 CHILD EXPERIENCING ANY DEGREE
01:46 - 58.090 OF PAIN LIKE THAT UNTIL.
01:46 - 00.810 5.30 OR 6 O'CLOCK THE FOLLOWING
01:47 - 02.230 MORNING WHEN FATHER SAID HE
01:47 - 02.950 HEARD A CHILD.
01:47 - 04.870 IT WOULD PROBABLY SEE WENT TO
01:47 - 06.670 THE CHILD THE CHILD CRIED L
01:47 - 08.410 SO WHAT ABOUT THE PRESENCE OF
01:47 - 09.300 THE GRANDMOTHER CAN YOU
01:47 - 09.950 ADDRESS THAT.
01:47 - 11.570 >>WELL THE GRANDMOTHER WAS
01:47 - 12.630 PRESIDENT BUT THEN THAT JUST
01:47 - 14.580 PUTS US BACK TO L Z SITUATION
01:47 - 15.770 WHERE AN ALGERIAN MULTIPLE
01:47 - 17.150 CAREGIVERS WITH ACCESS TO THE
01:47 - 17.640 CHILD.
01:47 - 18.990 >>AND THE CASE WAS ACTUALLY
01:47 - 21.000 CLEARING 100 BOTTLE IS APPLIED
01:47 - 21.590 AND REVIVE IT.
01:47 - 23.560 IT WOULD BE THE PRESUMPTION IS
01:47 - 25.140 APPLIED TO EACH CARETAKER
01:47 - 27.030 MOTHER FATHER GRANDMOTHER, EACH
01:47 - 28.880 CARETAKER AS AN INDEPENDENT
01:47 - 31.480 OPPORTUNITY AND OBLIGATION TO
01:47 - 32.710 PRESENT EVIDENCE TO REBUT THE
01:47 - 33.350 PRESUMPTION
01:47 - 35.980 HERE DHS INDICATED TO REPORT
01:47 - 37.250 AGAINST GRANDMOTHER BASED ON
01:47 - 38.050 THE INVESTIGATION
01:47 - 40.990 AND ACCESS. SO WE DO HAVE A
01:47 - 42.180 DETERMINATION HERE IT'S AN
01:47 - 43.470 ADMINISTRATIVE DETERMINATION,
01:47 - 45.040 BUT WE HAVE THE DETERMINATION
01:47 - 46.250 THAT GRANDMOTHER IS IN FACT THE
01:47 - 46.940 PERPETRATOR.
01:47 - 50.450 SIMPSON SUPPLY. LIKE YOU
01:47 - 52.540 MENTIONED MY QUESTION IS CAN
01:47 - 54.050 YOU JUST GIVE ME A SIGNAL DOES
01:47 - 55.210 ANYBODY HAVE ANY QUESTIONS
01:47 - 56.590 BASED ON THE QUESTIONS I ASK
01:47 - 57.320 YOU ALSO CAN MOVE.
01:47 - 58.310 >>TO RETURN HERE.
01:48 - 01.460 OKAY THANK YOU VERY MUCH MISTER
01:48 - 03.050 AVERSE I THINK DURING THE EARLY
01:48 - 04.090 READY TO BEGIN WITH YOU.
01:48 - 06.860 >>THEY PLEASE THE
01:48 - 08.310 COURT MINOR LEAK OF THE
01:48 - 09.560 DEFENDER ASSOCIATION OF
01:48 - 11.100 PHILADELPHIA FOR THE CHILDREN,
01:48 - 12.970 A STANDARD OF REVIEW, HEAR
01:48 - 14.550 THE MUSIC DISCRETION OR AN
01:48 - 15.990 ERROR BY THE TRIAL COURT AND I
01:48 - 17.210 RESPECTFULLY SUBMIT THAT THE
01:48 - 17.910 TRIAL COURT
01:48 - 19.650 DID NEITHER THE TRIAL COURT
01:48 - 20.840 HERE CAREFULLY WEIGH THE
01:48 - 22.070 EVIDENCE AND LATER MOVED INTO
01:48 - 23.140 MY DECISION.
01:48 - 25.700 APPELLANTS FAILED TO PREVENT
01:48 - 27.150 PRESENT ADEQUATE. THE FORMATIVE
01:48 - 28.650 EVIDENCE TO ACCOUNT FOR HIS
01:48 - 29.380 INJURIES.
01:48 - 31.310 EVIDENCE THAT THEY DID CHRIS
01:48 - 32.690 WAS INCONSISTENT AND NOT
01:48 - 34.740 CREDIBLE AND EVALUATION OF THAT
01:48 - 36.240 EVIDENCE AND TESTING
01:48 - 37.700 PERSUASIVENESS STILL SQUARELY
01:48 - 39.190 WITHIN THE PURVIEW OF THE CROWN
01:48 - 39.520 COURT.
01:48 - 41.910 VOLUNTEER DID NOT CHALLENGE
01:48 - 43.490 AFTER AN INVESTOR CONCLUSION
01:48 - 45.200 THAT HE WAS A VICTIM OF CHILD
01:48 - 46.330 ABUSE BASED ON WHAT
01:48 - 47.960 DID INJURIES. WORD OF THEIR
01:48 - 49.640 TESTIMONY SUPPORT THERE MAKING
01:48 - 50.750 BOLD AND NOT RESPONSIBLE FOR
01:48 - 52.280 KATIE'S WELCOMING DURING THE
01:48 - 53.330 TIMEFRAME IN WHICH HE WAS
01:48 - 54.820 INJURED OR THAT HIS SON'S
01:48 - 55.760 GRANDMOTHER HAD SOLE
01:48 - 56.470 RESPONSIBILITY.
01:48 - 59.610 PARENTS HAVE FULL ACCESS TO
01:48 - 01.140 CHILD DURING THE TIMEFRAME IN
01:49 - 02.310 WHICH IT WAS DETERMINED THAT HE
01:49 - 02.610 WAS.
01:49 - 05.230 I THINK ONCE THAT EVIDENCE WAS
01:49 - 06.930 PRESENTED IT WAS INCUMBENT UPON
01:49 - 07.900 TALENTS TO ACCOUNT FOR
01:49 - 09.980 KATIE'S INJURY. COUNCIL TO
01:49 - 11.680 PROVIDE ANY EXPLANATION AS TO
01:49 - 13.250 HOW KATIE WAS INJURED BEYOND
01:49 - 15.680 MERE DENIAL IN RIO HE MAKES UP
01:49 - 16.280 FOR THIS
01:49 - 18.210 IS INSUFFICIENT. PARENTS DID
01:49 - 19.410 NOT PRESENT REBUTTAL EVIDENCE
01:49 - 21.250 HAS CHARACTERIZED IN THE NBA.
01:49 - 22.970 INSTEAD THEY TOOK TO PASTOR
01:49 - 23.190 ABOUT
01:49 - 25.270 THE TRIAL. FIRST DAY HERE TO
01:49 - 26.510 EMBARK ON AN EFFORT TO CREATE
01:49 - 27.990 DOUBT AS TO WHEN KATIE WAS
01:49 - 29.300 INJURED. THE
01:49 - 31.030 REASON NUMBER MISSIONS THEY
01:49 - 33.000 NEVER ACTUALLY ARGUED AT TRIAL
01:49 - 34.550 THAT THE TIMEFRAME WAS NOT
01:49 - 36.650 APPROPRIATE AND THEY DIDN'T DO
01:49 - 37.980 IT IN THEIR BRIEF BEFORE THIS
01:49 - 39.810 COURT. SECOND
01:49 - 41.540 CONTEST ABOUT TESTIFIED ABOUT
01:49 - 42.910 ACTIONS. THEY TOOK AFTER THE
01:49 - 44.940 INJURY IN RE HE WHICH WAS TO
01:49 - 46.300 DECIDE BY THIS COURT COUPLE
01:49 - 48.170 MONTHS AGO, MAKES IT CLEAR THIS
01:49 - 49.530 DOES NOT CONSTITUTE GROWTH AND
01:49 - 50.060 BRAVADO.
01:49 - 52.190 EVEN IN THE HOUSE HAVE
01:49 - 54.040 PREVENTED A SUSPECTED BIRD AND
01:49 - 55.130 IT WAS PROPER FOR THE TRIAL
01:49 - 55.860 COURT NOT TO CREATE
01:49 - 57.540 THAT HAPPENS AND DETAILS
01:49 - 59.280 EXTENSIVELY IN MY GRIEF TELLING
01:49 - 00.740 STORIES OF HOW THE INJURY WAS
01:50 - 01.340 DISCOVERED,
01:50 - 03.700 CHANGED REPEATEDLY, AND JUST
01:50 - 04.570 TESTIFIED THAT THIS
01:50 - 06.140 INCONSISTENT EVIDENCE WAS PART
01:50 - 07.790 OF WHY THE REPORT INDICATED,
01:50 - 08.690 AND THE TRIAL COURT
01:50 - 10.020 APPROPRIATELY IMPROPERLY
01:50 - 11.260 APPLIED THE SAME LOGIC.
01:50 - 13.500 THIS IS AN AIRCRAFT IN COURT
01:50 - 14.830 AND THERE WAS NO AIR HERE THE
01:50 - 17.270 TRIAL 5 DIFFERENT STANDARD AND
01:50 - 18.460 ITS FINDINGS WERE SUPPORTED BY
01:50 - 19.110 THE EVIDENCE.
01:50 - 20.490 I REQUEST THAT YOU
01:50 - 21.900 FROM THE FINDING OF THE EU SAYS
01:50 - 23.000 THE KEY TO THE CASE AND
01:50 - 24.390 COMMITMENT TO DHS WHICH WERE
01:50 - 25.840 PROMISED ON THIS FRIDAY.
01:50 - 26.610 THANK YOU.
01:50 - 29.300 >>THANK YOU VERY MUCH HER
01:50 - 30.930 NEARLY JUDGE TO YOU HAVE A
01:50 - 31.410 QUESTION.
01:50 - 35.710 >>YES, THANK YOU P J.
01:50 - 38.430 GOOD MORNING COUNCIL ALL THE
01:50 - 39.430 QUESTION FOR YOU
01:50 - 42.100 AND IF THE TRIAL COURT FOUND
01:50 - 42.420 THAT
01:50 - 45.960 A CHILD WAS HARD UPSTAIRS AT
01:50 - 48.600 10:00PM ON SUNDAY EVENING AND
01:50 - 50.740 AND EXHIBITED NO SIGNS OF PAIN.
01:50 - 53.560 BUT THEN BY 06:00AM THE NEXT
01:50 - 55.370 MORNING. I WAS SCREAMING
01:50 - 57.400 BECAUSE OF THE PAIN. THE CHILD
01:50 - 58.550 WAS EXPERIENCING.
01:50 - 00.740 BUT THE CHARACTER ON THE 3RD
01:51 - 02.570 FLOOR OF THE HOUSE. BUT
01:51 - 04.270 THE GRANDPARENTS WHO'S WITH THE
01:51 - 05.870 CHILD THROUGH THE NIGHT ON THE
01:51 - 06.750 SECOND FLOOR.
01:51 - 09.200 WILL NOT BE ENOUGH EVIDENCE TO
01:51 - 11.340 TO REBUT THE PRESUMPTION AND IT
01:51 - 12.740 WAS NOT THE PARENTS WHO CAUSED
01:51 - 14.740 THE CHILD'S INJURY. WHEN GORDON
01:51 - 17.310 BACK OPEN TIME PERIOD. ITS
01:51 - 19.270 PEERS ONLY THE GRANDMOTHER WAS
01:51 - 19.870 WITH THE CHILD.
01:51 - 23.600 I WOULD NOTE THAT
01:51 - 25.820 THE FATHER TESTIFIED THAT HE
01:51 - 27.310 HEARD THE CHILD CRY OUT.
01:51 - 29.630 >>EARLY IN THE MORNING AND
01:51 - 30.600 IMMEDIATELY WENT
01:51 - 32.840 TO THAT. AND INTERESTINGLY HE
01:51 - 33.870 ALSO TESTIFIED THAT HE
01:51 - 35.160 INITIALLY THOUGHT THAT IT WOULD
01:51 - 36.660 BE ANOTHER CHILD WHO IS NOT
01:51 - 37.480 BEING HERE FOR BREAD
01:51 - 39.280 GRANDMOTHER AND WHEN
01:51 - 41.020 HE TESTIFIED THAT MOTHER TOLD
01:51 - 42.550 THEM IT WAS CAVING HE STILL
01:51 - 44.120 WENT DIRECTLY DOWNSTAIRS.
01:51 - 46.080 HE CLEARLY SAW HIMSELF AS A
01:51 - 47.510 CAREGIVER IN THAT ROLE
01:51 - 49.810 ADDITIONALLY AS I THINK YOU'RE
01:51 - 50.570 MISSING THE POINT OF THE
01:51 - 52.050 QUESTION. YES I.
01:51 - 53.820 >>IF WE ACCEPT THE TIME PERIOD
01:51 - 55.410 IN WHICH THE CHILD WAS INJURED
01:51 - 57.230 BETWEEN 10:00PM AND 06:00AM IN
01:51 - 59.140 THE MORNING. AND THE
01:51 - 01.180 EVIDENCE PRESENTED WAS THAT HE
01:52 - 02.100 WAS ONLY THE MATERNAL
01:52 - 03.260 GRANDPARENTS, THOSE WITH THE
01:52 - 05.630 CHILD DURING THAT TIME. FATHER
01:52 - 05.870 HEARD THE
01:52 - 08.290 CHILD SCREAM A PATIENT ENOUGH
01:52 - 09.390 EVIDENCE TO REBUT THE
01:52 - 11.530 PRESUMPTION UNDER 6381.
01:52 - 14.530 >>THAT THAT'S NECESSARILY A
01:52 - 16.320 FAIR CHARACTERIZATION ALL 3
01:52 - 17.710 PARENTS WERE IN THE HALL.
01:52 - 19.040 PARENTS AND
01:52 - 20.610 CHANNEL GRANDMOTHER WERE IN THE
01:52 - 22.240 HOME AT THE SAME TIME THEY WILL
01:52 - 23.390 HAVE EQUAL ACCESS TO
01:52 - 25.300 THE CHILD. THE MIND I WAS
01:52 - 26.740 MAKING REGARDING FATHER IS THAT
01:52 - 28.270 WHILE THESE HE DID SOME LEVEL
01:52 - 29.370 OF RESPONSIBILITY FOR
01:52 - 31.720 CAREGIVING IT DIDN'T THE DOLLAR
01:52 - 33.300 WE'RE STILL THE PRIMARY
01:52 - 35.420 CAREGIVERS BEFORE THE CHILD IN
01:52 - 36.840 GENERAL THEY WERE IN THE HOME
01:52 - 37.770 AT THE TIME THE TREASURY
01:52 - 40.220 ENOUGH. I EXPECT, YEAH, YOU'D
01:52 - 42.480 EXPECT. AND THEY WERE IN THE
01:52 - 43.820 HOME AT THE TIME THAT THE CHILD
01:52 - 46.710 WAS INJURED. AT
01:52 - 47.560 THIS POINT.
01:52 - 49.670 THE BIG COULD HAVE COME FORWARD
01:52 - 51.450 AND TESTIFY NEVER GO DOWN TO
01:52 - 52.810 THE CHILD'S ROOM WE HAVE NO
01:52 - 54.710 CAREGIVING ROLE. WE CAN'T EVEN
01:52 - 55.800 HEAR THE CHILD FROM THE BACK
01:52 - 57.240 AND THEY DIDN'T TESTIFY TO ANY
01:52 - 59.050 OF THAT WAS THAT NECESSARY WHEN
01:52 - 00.140 THE EVIDENCE WAS THAT WAS THE
01:53 - 01.360 GRANDMOTHER THAT THE CHILD
01:53 - 02.910 DURING THE TIME PERIOD OF 10.
01:53 - 04.390 >>PM TO 06:00AM
01:53 - 06.330 THE TRIAL WAS VERY PARTICULAR
01:53 - 08.410 ABOUT IDENTIFYING. THE TIME
01:53 - 09.560 PERIOD IN WHICH THE INJURY
01:53 - 10.070 OCCURRED.
01:53 - 13.190 >>I WORK WITH SO FAR FROM WHAT
01:53 - 14.520 I CAN SEE AND WHAT'S BEEN
01:53 - 16.310 ARGUED IS THAT WAS ONLY THE
01:53 - 18.190 GRANDMOTHER, YOU COULD FALL AND
01:53 - 18.660 THAT WAS ONLY
01:53 - 20.530 THE GRANDMOTHER WHO CHOKED
01:53 - 21.820 DURING THAT PERIOD IN WHICH THE
01:53 - 23.520 INJURY OCCURRED. WOULD YOU
01:53 - 24.170 ACCEPT THAT
01:53 - 26.740 OR NOT IS IS ANOTHER QUESTION
01:53 - 28.170 BUT IN TERMS OF HER BUDDING THE
01:53 - 28.880 PRESUMPTION.
01:53 - 31.660 THE GRANDMOTHER WAS ONLY PERSON
01:53 - 32.650 WITH THE CHILD DURING THE
01:53 - 33.900 PERIOD WHEN YOU HEAR HER.
01:53 - 35.530 THIS IS ENOUGH TO REBUT THE
01:53 - 37.190 PRESUMPTION AND THEN PUT THEM
01:53 - 40.100 BACK TO BACK ON I YOUR CLIENT.
01:53 - 42.950 >>THE COURT THOUGH SPECIFICALLY
01:53 - 45.060 DID NOT THE RIGHT THING I READ
01:53 - 46.640 THAT THE COURT COULD HAVE FOUND
01:53 - 48.020 THAT'S WHAT THE COURT DID NOT
01:53 - 48.850 AND I THINK THAT WAS
01:53 - 51.330 HERSHEY CO. PARENTS STORIES
01:53 - 53.100 CHANGED SO MANY TIMES ABOUT HOW
01:53 - 54.370 THE INJURY WAS DISCOVERED.
01:53 - 56.980 AND I THINK THAT IN ADDITION
01:53 - 58.710 TO THAT THERE'S A COMMON SENSE
01:53 - 00.320 ELEMENT HERE AND ACTUALLY I
01:54 - 01.450 KNOW IT'LL BE A SLICE OF THE
01:54 - 02.770 PARTY, BUT HE AND THE
01:54 - 03.980 DEPARTMENT OF HUMAN SERVICES
01:54 - 04.680 WHICH I STATED IN
01:54 - 06.920 MY GRIEF, A SIMILAR FACT
01:54 - 08.060 PATTERN IN THAT THERE WAS A
01:54 - 10.310 TIE. HOW MORE THE MOTHER WHO
01:54 - 12.510 SAID I HAVE NO RESPONSIBILITY
01:54 - 14.130 FOR THE CHILD HERE I NEVER DO
01:54 - 14.850 ANYTHING TO TAKE
01:54 - 17.080 CARE OF AND THE COMMONWEALTH
01:54 - 18.380 COURT THERE FOUND THAT THAT WAS
01:54 - 19.580 SIMPLY NOT CREDIBLE THAT
01:54 - 21.350 HOUSEHOLD MEMBERS WHO ARE
01:54 - 23.950 PRESENT WHAT I WAS THERE MAY
01:54 - 25.960 ALL HAVE A FULL AND TAKING CARE
01:54 - 26.070 OF
01:54 - 28.120 THAT CHILD AND THE TRIAL COURT
01:54 - 29.830 DID NOT RULE THAT WOULD
01:54 - 30.960 ADEQUATELY REQUEST.
01:54 - 33.450 >>THANK YOU COUNCIL WILL BE
01:54 - 36.420 LOOKING AT THE RECORD. JUDGE
01:54 - 36.740 KING.
01:54 - 40.450 NO QUESTION IT WAS COVERED BY A
01:54 - 41.420 JUDGE LAST YEARS.
01:54 - 44.090 >>MY UNDERSTANDING OF READING
01:54 - 44.410 THE WRECK.
01:54 - 48.650 PLAYERS READING THE RECORD IS
01:54 - 49.880 THAT WHEN THE PARENTS RETURNED
01:54 - 51.360 BACK FROM NEW YORK.
01:54 - 55.520 I ASSUME THE PAIR WHO HAD
01:54 - 57.230 TO ROLL. ALTHOUGH THE
01:54 - 59.230 GRANDMOTHER STAYED EVERY SUNDAY
01:54 - 00.930 NIGHT DOWN THE SECOND FLOOR
01:55 - 03.110 THAT'S WHERE STATE. BUT IN THIS
01:55 - 04.800 CASE, THE PARENTS AND IT WOULD
01:55 - 06.830 BE ON FRIDAY SATURDAY
01:55 - 08.520 AND SUNDAY, VARIOUS
01:55 - 10.330 DIFFERENT THINGS AND THE
01:55 - 12.360 PARENTS SPECIFICALLY IT WOULD
01:55 - 12.850 NOT.
01:55 - 17.260 AS PART OF EVERYBODY. TODAY
01:55 - 18.260 THEY ARE.
01:55 - 21.410 AND THEY DID THAT THEY WERE
01:55 - 21.810 HOME.
01:55 - 24.390 AT THE RATE OF TIME THEY HAD
01:55 - 25.480 GOTTEN HOME I THINK IT WAS BY
01:55 - 27.040 11 O'CLOCK ON SUNDAY NIGHT.
01:55 - 28.100 >>YES.
01:55 - 32.460 CORRECT AND ACTUALLY I MEAN
01:55 - 35.760 JUST. THEY TESTIFIED THAT THEY
01:55 - 37.930 HAVE BROUGHT THE GRAVEL TO THE
01:55 - 39.970 HOSPITAL SO THAT SHE COULD TELL
01:55 - 41.880 THE HOSPITAL WHAT SHE KNEW OR
01:55 - 43.210 WHAT HAPPENED BUT THEY NEVER
01:55 - 44.500 BROUGHT HER INTO COURT TO
01:55 - 46.200 PROVIDE A SIMILAR NATION.
01:55 - 48.540 NOR DID THEY EVER AT ANY POINT
01:55 - 50.090 ACTUALLY BLAMED GRANDMOTHER FOR
01:55 - 50.910 THE INJURIES.
01:55 - 54.900 >>AGAIN AS THEY HAVE A FOLLOW
01:55 - 55.120 UP
01:55 - 57.460 YOU KNOW I MISS ANYBODY DOESN'T
01:55 - 59.750 JUST TO TO KNOW WHAT QUESTIONS
01:55 - 00.320 DID MARRY.
01:56 - 03.140 >>OK BACK TO THE SO
01:56 - 04.810 GRANDMOTHER LOVE STATE ON THE
01:56 - 05.860 SECOND FLOOR WAS SHE IN THE
01:56 - 07.170 SAME ROOM WITH THE TWINS ARE
01:56 - 08.760 WITHIN A SEPARATE ROOM THAT
01:56 - 10.130 TEST HE WAS NOT PROVIDED.
01:56 - 10.840 OKAY,
01:56 - 13.770 I THINK YOUR CO-COUNSEL SAID
01:56 - 14.980 SOMETHING ABOUT THE GRANDMOTHER
01:56 - 17.000 WAS ALSO FOUND TO BE INDICATED.
01:56 - 20.190 THAT SHE WAS A PERPETRATOR OR
01:56 - 21.840 BECAUSE OF THE MISSION.
01:56 - 24.260 COSBY IS THAT'S CORRECT THE
01:56 - 24.770 DHS.
01:56 - 28.380 AND SO BASICALLY YOUR POSITION
01:56 - 30.340 IS BECAUSE ALL 3 OF THESE
01:56 - 31.790 PEOPLE PARENTS AND THE
01:56 - 32.810 GRANDMOTHER IN THE HOUSE.
01:56 - 35.400 EXPLAIN HOW
01:56 - 36.780 THE INJURY HAPPENED THAT THEY
01:56 - 38.320 WERE ALL FOUND TO BE PERFECT
01:56 - 40.350 AND CHILD IS INDICATED
01:56 - 42.420 OF COURSE STAR TREK AND THAT'S
01:56 - 43.480 IN LINE WITH L C.
01:56 - 46.410 THANK YOU I JUST WANT TO MAKE
01:56 - 47.000 SPLIT.
01:56 - 52.840 COUNCIL OVER THE LAST
01:56 - 54.020 SEVERAL QUESTIONS.
01:56 - 56.020 >>AND THE EVIDENCE THAT WAS NOT
01:56 - 57.840 IN THE RECORD. YOU LOOK AT
01:56 - 59.490 THE EVIDENCE IT'S NOT THE
01:56 - 00.960 RECORD WHO DO WE LOOK AT THE
01:57 - 02.640 EVIDENCE THAT IS IN THE RECORD
01:57 - 04.050 IN TERMS OF SEEING THE
01:57 - 05.310 PRESUMPTION HAS BEEN REPORTED.
01:57 - 08.030 >>I THINK BOTH HAVE THE
01:57 - 09.350 POTENTIAL APPLICATION. THE
01:57 - 10.850 EVIDENCE IN THE RECORD IS OF
01:57 - 12.380 COURSE HELPFUL IN THAT IS
01:57 - 14.680 THOSE IT IS WHAT THE TRIAL
01:57 - 16.920 COURT CONSIDERED BEFORE IT, BUT
01:57 - 18.490 I DO ALSO THINK THAT WHAT IS
01:57 - 20.140 NOT IN THE RECORD THERE'S
01:57 - 22.120 GAPING HOLES IN THE RECORD.
01:57 - 23.590 THE PARENTS COULD I
01:57 - 25.980 FILLED IN PROPER IN THE TRIAL
01:57 - 27.010 COURT TO CONSIDER THAT
01:57 - 30.160 AS WELL AND SIMILARLY, BUT MY
01:57 - 31.690 QUESTION IS LIMITED I THINK
01:57 - 33.600 JUST PEOPLE PROVIDING THE GUN.
01:57 - 35.280 >>YEAH, THE ULTIMATE FINDING
01:57 - 38.280 THE CHASE. I
01:57 - 38.890 THINK THAT.
01:57 - 41.450 MY POINT IS THAT THE FACT THE
01:57 - 44.150 FAILURE TO CALL SAM OTHER AS
01:57 - 44.900 A WITNESS.
01:57 - 48.840 AND TO PROVIDE TESTIMONY GIVEN
01:57 - 49.930 THAT YOU HAVE ANOTHER INDICATE
01:57 - 52.150 PERPETRATOR AND WILLINGLY THE
01:57 - 53.830 ONLY OTHER POSSIBLE KRISTEN.
01:57 - 55.110 GIVEN THAT WE KNOW THAT THE
01:57 - 56.180 INJURIES WERE INFLICTED.
01:57 - 57.730 I THINK IT IS ENTIRELY
01:57 - 59.280 REASONABLE FOR A TRIAL COURT TO
01:57 - 01.040 SAY YOU HAVE COUNTED
01:58 - 05.750 UNDERSTAND THE COURT MAY HAVE
01:58 - 08.320 ACCEPTED THAT EVIDENCE IN ORDER
01:58 - 09.600 TO FIND A
01:58 - 11.180 DEPUTY NOT THEN THEY'RE NOT
01:58 - 12.360 GUILTY OF ABUSE.
01:58 - 14.020 FOR THE COURT CAN GET TO THAT
01:58 - 15.710 CONCLUSION. MY QUESTION AGAIN
01:58 - 17.980 IS. HAVING PUT THAT EVIDENCE IN
01:58 - 19.970 THE RECORD DOES THAT DEFEAT
01:58 - 22.210 THE PRESUMPTION REGARDLESS OF
01:58 - 23.290 HOW THE COURT ULTIMATELY
01:58 - 24.420 DECIDES THE CASE.
01:58 - 27.530 NO BECAUSE AT THIS POINT.
01:58 - 29.900 THE ONLY EVIDENCE BEFORE THE
01:58 - 32.860 STATE OVER IN
01:58 - 35.520 THE HOME PRIMARY RESPONSIBILITY
01:58 - 36.910 FOR OVERNIGHT CARE BUT THEY
01:58 - 38.040 NEVER INDICATED THAT IT
01:58 - 39.830 WAS SOLD AND THEY NEVER
01:58 - 41.040 PROVIDED ANY FURTHER
01:58 - 44.170 TESTIMONY TO WHAT HAPPENED
01:58 - 46.160 DURING THAT TIME PERIOD OKAY,
01:58 - 47.180 THANK YOU COUNCIL, THANK YOU
01:58 - 49.380 T J. THANK YOU THANK YOU VERY
01:58 - 50.640 MUCH, YOU KNOW WHAT A CASE
01:58 - 52.100 INVOLVING THE SENSITIVE ISSUE
01:58 - 53.940 OF CHILD ABUSE. I THINK ALL 3
01:58 - 55.340 OF YOU HANDLE THIS ARGUMENT.
01:58 - 57.080 >>AN EXCELLENT WAY WE THANK YOU
01:58 - 01.040 VERY WONDERFUL ARGUMENTS.
01:59 - 03.190 THAT COMPLETES OUR
01:59 - 04.110 MORNING SESSION.
01:59 - 07.040 CAN WE BE PUT INTO A PRIVATE
01:59 - 08.580 ROOM SO THAT WE CAN TALK FOR A
01:59 - 08.920 MOMENT.
01:59 - 12.880 >>CORONARY STEP UNTIL 01:00PM
01:59 - 13.470 THIS AFTERNOON.
01:59 - 46.470 >>WELCOME BACK TO THIS
01:59 - 48.430 AFTERNOON'S SESSION. THIS IS
01:59 - 50.000 THE FIRST IN GOT TO EAT
01:59 - 53.920 THANK YOU TO OF
01:59 - 55.470 THE BAR. WITHOUT THE
01:59 - 57.330 COOPERATION OF THE ATTORNEYS.
01:59 - 59.150 WE WOULD NOT BE ABLE TO
01:59 - 02.370 A FORM OF REMOTE ARGUMENTS AND
02:00 - 03.650 WE REALLY APPRECIATE
02:00 - 06.870 YOUR COOPERATION AS YOU KNOW IN
02:00 - 08.450 WE
02:00 - 11.710 WITH THESE REMOTE ARGUMENTS
02:00 - 14.150 EACH SIDE WILL GET 4 ON
02:00 - 16.350 INTERRUPTED MINUTES AND AFTER
02:00 - 17.870 THAT WE'LL HAVE A VERY YOUNG
02:00 - 19.060 MEMBERS OF THE COURT IS
02:00 - 20.730 QUESTIONS IF THERE'S ANY TIME
02:00 - 23.030 LEFT AND THE QUESTIONING PERIOD
02:00 - 23.700 THAT HAS YET
02:00 - 25.650 TO OCCUR. ALL THAT IF THERE
02:00 - 27.230 THEN YOU'LL GET THAT
02:00 - 29.220 OPPORTUNITY TO CONTINUE
02:00 - 31.300 YOUR ARGUMENT. WE HAVE HAD A
02:00 - 33.180 FULL OPPORTUNITY TO REVIEW THE
02:00 - 34.130 GRIEF AS WELL AS
02:00 - 35.780 THE RECORD. SO PLEASE TRY TO
02:00 - 37.000 KEEP YOUR ARGUMENTS IN THE
02:00 - 38.060 LEGAL ASPECTS OF
02:00 - 40.690 THE ART. IF A POUNDS COUNCIL OF
02:00 - 42.430 LIKE REVIVAL IN ON THESE REMOTE
02:00 - 44.070 ARGUMENTS WE LIMIT REBUTTAL TO
02:00 - 44.620 ONE MINUTE.
02:00 - 46.190 PLEASE TELL ME THAT AT THE
02:00 - 47.440 BEGINNING OF YOUR ARGUMENTS
02:00 - 48.930 LIKE YOU JUST YOUR CLOCK.
02:00 - 52.440 ACCORDINGLY. IN A MOMENT, I'M
02:00 - 53.900 GONNA CALL ATTORNEY
02:00 - 56.030 WILLIAM CLEMENTS I AND HE'S
02:00 - 57.220 GOING TO GIVE THE SUMMARIES OF
02:00 - 59.130 OUR 3 CASES THIS AFTERNOON,
02:00 - 01.130 IT'S SUCH A GREAT PLEASURE TO
02:01 - 02.570 HAVE A TRULY CLEMENTS WITH US
02:01 - 04.630 YOU KNOW HE WORKS FOR PROBABLY
02:01 - 06.080 THE MOST WONDERFUL JUDGE IN THE
02:01 - 06.820 UNITED STATES
02:01 - 09.760 OF AMERICA I WILL BE DOING THE
02:01 - 11.360 SUMMARIES OF THE ARGUMENTS FOR
02:01 - 12.420 US TODAY. SO
02:01 - 13.500 MISTER MORRIS HE WOULD YOU
02:01 - 14.950 PLEASE CALL THE FIRST CASE.
02:01 - 18.350 >>A CASE TO BE ARGUED
02:01 - 21.260 JUDGES JOURNAL HE 0, 1, 0, 0,
02:01 - 24.060 6, I WILL OFFER SAYS DE JESUS.
02:01 - 27.330 THAT BOOK WHAT CAN YOU HEAR US.
02:01 - 30.190 >>I CAN. YEAH.
02:01 - 31.940 >>A NEW PLEA TO NAVAL YOUR
02:01 - 32.670 VIDEOS OR.
02:01 - 37.870 YES, THANK
02:01 - 40.630 YOU SIR, UT KEEPER IN YEARS I
02:01 - 42.850 CAN. THANK YOU FOR ENABLING
02:01 - 43.430 YOUR VIDEO.
02:01 - 47.440 >>THANK YOU AND I MISS THE
02:01 - 48.710 CLEMENTS WOULD YOU PLEASE OR
02:01 - 50.270 GIVE US A SUMMARY OF HIS CASE.
02:01 - 54.770 >>THANK YOU TO KNOW THAT THE
02:01 - 55.850 NEXT APPEAL TO BE ARGUED IS
02:01 - 57.040 COMMONWEALTH OF PENNSYLVANIA
02:01 - 59.250 VERSUS JOSE JAVIER DID THINGS.
02:02 - 01.950 A JURY CONVICTED THE HAZE IS OF
02:02 - 03.030 SECOND-DEGREE MURDER FOR
02:02 - 04.310 SHOOTING AND KILLING RAYMOND
02:02 - 05.250 MAKE KENLEY
02:02 - 07.210 WHILE ROBBING AT THE TIME OF
02:02 - 09.160 THE KILLING THAT JESUS WAS 17
02:02 - 09.660 YEARS OLD.
02:02 - 10.710 THE
02:02 - 13.020 COURT SENT TO SENTENCE HIM IN
02:02 - 15.720 1997 IMPOSED THE BAN MANDATORY
02:02 - 16.900 SENTENCE OF LIFE IN PRISON
02:02 - 18.400 WITHOUT POSSIBILITY OF PAROLE.
02:02 - 21.450 APPROXIMATELY 15 YEARS LATER
02:02 - 22.490 THE SUPREME COURT IN UNITED
02:02 - 24.310 STATES AND MILLER
02:02 - 27.150 VERSUS ALABAMA. THAT MANDATORY
02:02 - 28.860 LIFE WITHOUT PAROLE SENTENCES
02:02 - 31.060 FOR JUVENILES. VIOLATED THE 8TH
02:02 - 32.410 AMENDMENT'S PROHIBITION AGAINST
02:02 - 33.810 CRUEL AND UNUSUAL PUNISHMENT.
02:02 - 37.140 THE COURT MILLER DID NOT
02:02 - 38.320 EXPLICITLY PROHIBIT THE
02:02 - 39.560 IMPOSITION OF LIFE WITHOUT
02:02 - 42.080 PAROLE SENTENCES. FOR JUVENILES
02:02 - 43.140 CONVICTED OF FIRST-DEGREE
02:02 - 44.570 MURDER. INSTEAD
02:02 - 46.040 THE COURT STATED THAT A LIFE
02:02 - 47.010 WITHOUT PAROLE SENTENCE
02:02 - 49.140 IS APPROPRIATE. JUVENILES WHEN
02:02 - 50.230 THEY ARE DETERMINED TO BE ONE
02:02 - 50.390 OF THE
02:02 - 53.160 RARE INDIVIDUALS ARE BEYOND ALL
02:02 - 54.370 POSSIBILITY AGREE, BUT WE
02:02 - 55.100 BELIEVE PATIENTS.
02:02 - 58.190 UNITED STATES SUPREME COURT
02:02 - 00.030 SUBSEQUENTLY HELP MONTGOMERY
02:03 - 02.190 VERSUS LOUISIANA. BUT MILLER
02:03 - 03.440 REPLIED INDIVIDUALS LIKE
02:03 - 05.230 BEHAVIORS. THE JUDGMENTS OF
02:03 - 06.800 SENTENCE. ALREADY 5.
02:03 - 09.050 IN ADDITION THE SUPREME COURT
02:03 - 10.740 OF PENNSYLVANIA FLY MILLER IN
02:03 - 12.160 MONTGOMERY IN A CASE COMMONLY
02:03 - 12.540 KNOWN AS
02:03 - 14.860 FATS TOO. AND YOUR BEST TO THE
02:03 - 16.230 COMMONWEALTH MAY SEEK TO HAVE
02:03 - 17.610 THE COURT IMPOSE A LIFE WITHOUT
02:03 - 18.500 PAROLE SENTENCE ON
02:03 - 20.630 JUVENILE OFFENDERS. IT FIRST
02:03 - 22.320 FILED NOTICE THAT IT INTENDS TO
02:03 - 22.850 DO SO.
02:03 - 25.130 THAT IS TO THEN REQUIRES THE
02:03 - 26.440 COMMONWEALTH TO ESTABLISH
02:03 - 27.700 BEYOND A REASONABLE DOUBT.
02:03 - 29.570 BUT THE JUVENILE OFFENDERS IN
02:03 - 30.990 CAPABLE OF REHABILITATION.
02:03 - 33.560 THE COURT GRANTED
02:03 - 35.610 THE CASES, A RE SENTENCING
02:03 - 37.010 AFTER HE FILED THE PETITION ON
02:03 - 38.430 A PENNSYLVANIA POST CONVICTION
02:03 - 38.980 RELIEF ACT.
02:03 - 41.060 THE COMMONWEALTH SUBSEQUENTLY
02:03 - 42.330 FILED NOTICE THAT IT INTENDED
02:03 - 43.700 TO SEEK A LIFE WITHOUT PAROLE
02:03 - 45.340 SENTENCE. AND THE COURT HELD A
02:03 - 47.320 HEARING. THE COURT CONCLUDED
02:03 - 48.270 THAT THE COMMONWEALTH HAD MET
02:03 - 50.190 ITS BURDEN AND IMPOSE A LIFE
02:03 - 51.180 WITHOUT PAROLE SENTENCE.
02:03 - 54.880 THE MAZE IS REPEALED. 2 ISSUES
02:03 - 55.360 ARE BEFORE THE
02:03 - 57.770 COURT TODAY. ONE WHETHER A LIFE
02:03 - 58.910 WITHOUT PAROLE SENTENCE FOR A
02:03 - 00.390 JUVENILE, CONVICTED OF
02:04 - 01.920 SECOND-DEGREE MURDER VIOLATE
02:04 - 04.150 THE MEN AND 2
02:04 - 05.920 OTHER EVIDENCE PRESENTED AT THE
02:04 - 07.010 HEARING WAS SUFFICIENT TO
02:04 - 08.360 ESTABLISH THAT THE JESUS IS
02:04 - 09.800 INCAPABLE OF REHABILITATION.
02:04 - 11.670 LET'S PROCEED TO THE ER.
02:04 - 18.550 >>THANK YOU MISTER CLEMENTS
02:04 - 19.790 THEN MISTER BOOKMAN ARE YOU
02:04 - 22.030 PREPARED TO BEGIN. I ANSWER,
02:04 - 22.720 THANK YOU VERY
02:04 - 23.430 MUCH PLEASE.
02:04 - 25.300 >>AND PLEASE THE COURT I WOULD
02:04 - 26.610 LIKE TO RESERVE ONE MINUTE TO
02:04 - 27.060 REVIVE.
02:04 - 31.260 I REPRESENT JOSE THE HAZE IS
02:04 - 33.220 MISTER DE JESUS IS THE
02:04 - 35.160 ONLY PERSON IN PENNSYLVANIA
02:04 - 36.410 CURRENTLY SERVING A LIFE
02:04 - 37.730 WITHOUT PAROLE SENTENCE.
02:04 - 39.890 FOR A SECOND DEGREE MURDER
02:04 - 40.790 COMMITTED WHEN HE WAS A
02:04 - 43.020 JUVENILE. I SUGGEST THERE ARE
02:04 - 44.720 2 REASONS WHY HE'S THE ONLY
02:04 - 46.070 PERSON SERVING HIS SENTENCE.
02:04 - 49.080 ONE PURSUANT TO MILLER VERSUS
02:04 - 51.270 ALABAMA AND MONTGOMERY. THIS IS
02:04 - 53.460 A LOUISIANA. MORE SUPREME COURT
02:04 - 56.170 IN BATCH TOO. SET UP
02:04 - 58.570 WOMAN DOUBLE LEGAL REQUIREMENTS
02:04 - 00.840 TO ENSURE THAT THAT THIS
02:05 - 01.960 PUNISHMENT WAS
02:05 - 05.450 ONLY IMPOSE RARELY AND I'M CALM
02:05 - 07.360 USE THE LANGUAGE FROM MILLER
02:05 - 09.090 AND MONTGOMERY I WILL GET TO
02:05 - 11.700 THOSE LEGAL REQUIREMENTS IN A
02:05 - 13.560 MOMENT. A SECOND REASON
02:05 - 14.820 THEN HE'S THE ONLY PERSON
02:05 - 16.030 SERVING THAT SENTENCE IS
02:05 - 17.190 BECAUSE THE PENNSYLVANIA
02:05 - 19.300 LEGISLATURE, 9 YEARS AGO.
02:05 - 22.610 PRECLUDING LIFE WITHOUT PAROLE
02:05 - 24.000 FOR SECOND-DEGREE MURDER.
02:05 - 27.230 WHEN NAFTA. A STATUE 11 '02
02:05 - 29.710 0.1. AND THERE'S SOME DISPUTE.
02:05 - 32.000 THE COMMONWEALTH IS DISPUTING
02:05 - 34.690 OR INTERPRETATION OF 2.1.
02:05 - 38.510 IF KARNAL ELSE AND MEMBERS OF
02:05 - 40.320 HUTAREE CHRISTIAN I WILL BE
02:05 - 43.240 HAPPY TO TO EXTRICATE 11
02:05 - 45.580 2.1. TO POINT OUT.
02:05 - 48.150 WHY DOES ARE VERY VERY FIRM
02:05 - 51.360 OPINION THAT THERE IS NO LIFE
02:05 - 52.410 WITHOUT PAROLE FOR
02:05 - 55.340 SECOND-DEGREE MURDER. BASE
02:05 - 57.910 SPECIFICALLY ONE STATUE 11 '02
02:05 - 00.330 ONE MORE. SO I'D LIKE TO MAKE 2
02:06 - 01.550 ORDINANCE TODAY, THE FIRST
02:06 - 03.640 ARGUMENT IS THAT THE EVIDENCE
02:06 - 04.970 PRESENTED BY THE COMMONWEALTH
02:06 - 07.260 WAS INSUFFICIENT AS A MATTER OF
02:06 - 09.040 LAW WHO PERMANENT IMPORTANT
02:06 - 10.550 ABILITY AND I WANT TO GO OVER
02:06 - 13.240 MISTER CLEMENS TO COVER THIS I
02:06 - 14.680 WANT TO GO OVER JUST 4 SECONDS.
02:06 - 16.700 THIS SPECIFIC LANGUAGE. IF
02:06 - 19.230 THAT'S TOO. REFERENCES FOR
02:06 - 20.670 PERMANENT PORTABILITY BECAUSE
02:06 - 22.460 IT IS IT IS QUITE HOT.
02:06 - 26.360 FIRST IT IT IT NOTES ONLY IF
02:06 - 27.630 THE CRIME COMMITTED.
02:06 - 29.430 >>ISN'T GETTING IT OF THE
02:06 - 30.710 OFFENDERS PERMANENTLY HARD TO
02:06 - 31.600 BELIEVE SO WANT TO
02:06 - 33.790 POINT OUT. MISTER DE JESUS WAS
02:06 - 35.180 NOT CONVICTED OF THE
02:06 - 36.930 MOST SERIOUS DEGREE OF
02:06 - 38.240 HOMICIDE. HE WAS CONVICTED OF
02:06 - 39.990 SECOND DEGREE MURDER. THE JURY
02:06 - 41.800 HAD THE OPPORTUNITY TO CONVICT
02:06 - 43.770 HIM OF FIRST-DEGREE MURDER AND
02:06 - 45.760 AND WHEN. THAT OF
02:06 - 48.870 THAT FRONT. SECONDLY THE
02:06 - 51.010 THE NHS TO
02:06 - 52.240 SHOW THAT THE OFFENDER IS
02:06 - 53.540 ENTIRELY UNABLE
02:06 - 55.710 TO CHANGE. IT MUST AND THIS IS
02:06 - 57.070 THE SPECIFIC LANGUAGE OF CATS
02:06 - 59.620 TOO. IT MUST FIND THERE WAS NO
02:06 - 01.630 POSSIBILITY. THE OFFENDER COULD
02:07 - 03.860 BE REHABILITATED AND ANY POINT
02:07 - 05.550 LATER IN HIS LIFE. NO MATTER
02:07 - 06.910 HOW MUCH TIME HE SPENDS IN
02:07 - 08.670 PRISON AND REGARDLESS OF THE
02:07 - 09.770 AMOUNT OF THERAPEUTIC
02:07 - 12.330 INTERVENTIONS HE RECEIVES IN
02:07 - 14.900 THIS CASE. 2 EXPERTS RECALL ONE
02:07 - 16.540 FOR THE COMMONWEALTH AND ONE
02:07 - 17.180 FOR
02:07 - 19.170 THE DEFENSE. BOTH WERE FAMILIAR
02:07 - 20.570 WITH HIS PRISON RECORD MISTER
02:07 - 21.810 DE JUST DOESN'T MATTER.
02:07 - 24.480 NOW BOTH WERE FOUND TO BE
02:07 - 27.100 CREDIBLE BY THEN THE SENSE IN
02:07 - 29.510 COURT. AND 9
02:07 - 31.210 TESTIFIED THAT HE WAS
02:07 - 33.600 PERMANENTLY INCORRIGIBLE SO 2
02:07 - 35.200 EXPERTS BOTH WERE BROUGHT
02:07 - 36.500 INSIDE COUNTED NOT
02:07 - 39.330 PERMANENTLY INCORRIGIBLE BATCH
02:07 - 41.600 TOO. NOTES THAT
02:07 - 43.640 THAT THE BURDEN OF PROOF IS ON
02:07 - 45.060 THE CALM WILL IMPROVE.
02:07 - 48.390 PERMANENT IN CARDIFF BILITY
02:07 - 49.680 BEYOND A REASONABLE DOUBT.
02:07 - 52.160 THAT'S 2 NOTES THAT THERE IS A
02:07 - 55.420 A PRESUMPTION AGAINST SUCH
02:07 - 57.710 A PUNISHMENT AND AGAIN I KNOW
02:07 - 59.100 THAT MISTER DAYS WAS NOT
02:07 - 00.510 CONVICTED OF THE MOST SERIOUS
02:08 - 02.020 FORMER HOME SIDE'S SECOND
02:08 - 03.340 DEGREE MURDER RATHER THAN
02:08 - 04.150 FIRST-DEGREE MURDER.
02:08 - 07.320 THE SECOND ONE I WANT TO MAKE
02:08 - 08.790 IS CONSTITUTIONAL OR NOT
02:08 - 10.920 THIS COURT NEED NOT REACH THE
02:08 - 12.760 CONSTITUTIONAL ARGUMENT AGREES
02:08 - 14.530 WITH US ABOUT
02:08 - 16.830 THE SUFFICIENCY WE'RE THE
02:08 - 18.510 COURT IS THE INVITATION WAS
02:08 - 19.820 CLEAR THE CONSTITUTIONAL
02:08 - 21.040 ARGUMENT TO NOT BE REACHED.
02:08 - 23.260 IF THERE ARE OTHER GROUNDS TO
02:08 - 25.280 TO RESOLVE THE CASE. IN THIS
02:08 - 26.320 CASE, THE CONSTITUTIONAL
02:08 - 27.610 ARGUMENT IS A SIMPLE ONE.
02:08 - 29.450 THE LEGISLATURE DETERMINED
02:08 - 31.790 9 YEARS AGO THAT LIFE WITHOUT
02:08 - 33.460 POOL WAS NOT APPROPRIATE FOR
02:08 - 35.780 SECOND-DEGREE MURDER. AND
02:08 - 39.640 39 STATES ACROSS THE COUNTRY
02:08 - 41.860 HAVE EITHER STATUTORILY OR DE
02:08 - 45.710 FACTO LIMITED. LIFE
02:08 - 46.980 WITHOUT PAROLE FOR
02:08 - 49.680 FELONY MURDER OR COURTS,
02:08 - 51.410 I'VE MADE IT CLEAR SPECIFICALLY
02:08 - 52.920 KAMALA PURSES CELL MOYER
02:08 - 54.810 EVOLVING STANDARDS
02:08 - 58.220 OF DECENCY ARE BEST LOCATED IN
02:08 - 59.840 THE BEHAVIOR IN THE ACTIVITY OF
02:08 - 01.960 THE LEGISLATURE. HERE IT WAS
02:09 - 05.080 2012, 11 2.1 POUNDS.
02:09 - 09.030 PRECLUDED THE SENSE THAT MISTER
02:09 - 10.840 DE JESUS IS NOW SERVING.
02:09 - 16.140 IF I HAVE A MOMENT HOW MUCH
02:09 - 17.540 TIME I HAVE TO QUESTION HIM.
02:09 - 20.000 THE COMMONWEALTH EXPERT.
02:09 - 22.910 SAID THIS. WE KNOW FROM
02:09 - 24.350 RESEARCH, ESPECIALLY WITH
02:09 - 26.170 INFOSYS PERSONALITY DISORDER.
02:09 - 27.870 BUT OVER TIME YOU BEGIN TO SEE
02:09 - 29.860 A DECREASE IN THE ACTING OUT
02:09 - 31.780 GOES A LONG WITH ANTISOCIAL
02:09 - 33.390 PERSONALITY DISORDER. LATE
02:09 - 35.700 50'S. WELL, THE 60'S WE BEGIN
02:09 - 36.990 TO SEE A LESSENING OF THAT IN
02:09 - 38.780 POLLS TO ENGAGE IN THAT VIOLENT
02:09 - 40.830 BEHAVIOR. MANY OF THE FOLKS WHO
02:09 - 42.250 HAVE MISTER DAVIS'S
02:09 - 44.070 HIS LAWYERS AS THEY BEGIN THE
02:09 - 45.720 HEAT THERE MID 50'S OR EARLY
02:09 - 47.580 60'S. THE VIOLENT BEHAVIOR.
02:09 - 49.180 THE FREQUENCY OF THE IMPULSIVE
02:09 - 51.320 AGGRESSION YOU SEE JUST STOP
02:09 - 53.400 BECAUSE OF INCREASING USE AND
02:09 - 54.080 AS YOU CAN.
02:09 - 55.750 >>THAT WAS THE COMMONWEALTH'S
02:09 - 56.720 EXPERT WHO SAID WITH THE
02:09 - 58.840 COMMONWEALTH THAT I I LET YOU
02:09 - 00.190 CONTINUE BEYOND THE TIME
02:10 - 01.330 BECAUSE I WANT TO HEAR THAT
02:10 - 02.640 FROM YOU WENT WHEN YOU SAID YOU
02:10 - 03.770 WERE GOING. MENTION THAT
02:10 - 05.110 IT IS TIME FOR THE JUDGES TO
02:10 - 06.360 ASK YOU SOME QUESTIONS
02:10 - 07.590 I THINK THE FIRST JUDGE AN
02:10 - 09.160 ORDER 5 HE WAS JUDGED ABOUT
02:10 - 09.900 JUST ABOUT.
02:10 - 19.510 >>I MEAN THE REAL ISSUE IN THIS
02:10 - 21.060 CASE IS DEALS WITH
02:10 - 23.460 THE ELEMENT. ALL THE TRIAL
02:10 - 24.810 COURT ON WHETHER OR NOT THE
02:10 - 27.400 TRIAL COURT ERRED IN FINDING
02:10 - 29.340 THAT THE DEFENDANT WHO IS NOT
02:10 - 30.940 CAPABLE OF REHABILITATION.
02:10 - 33.240 AND IN THIS CASE.
02:10 - 37.070 WHAT'S UNUSUAL ABOUT THIS
02:10 - 38.330 CASE IS YOU HAVE
02:10 - 41.360 A DEFENDANT WITH A PSYCHIATRIC
02:10 - 43.770 DIAGNOSIS. AND THE DEFENDANT
02:10 - 45.810 WHO IS NOT COMPLIANT
02:10 - 47.580 WITH TREATMENT.
02:10 - 51.050 THE DEFENDANT HAS A HISTORY OF
02:10 - 53.730 NONCOMPLIANCE. YOU KNOW IN
02:10 - 56.550 TERMS ALL I HE HAS HE'S
02:10 - 58.550 COMMITTED CRIMES. WHILE HE'S
02:10 - 00.390 BEEN INCARCERATED I DON'T NEED
02:11 - 01.030 TO GO THROUGH.
02:11 - 04.680 >>HIS ACTIVITIES WHILE HE WAS
02:11 - 06.080 INCARCERATED HE CLEARLY HAS
02:11 - 07.100 BEEN NOT TO FLY.
02:11 - 09.570 HE'S NOT COMPLYING IN TERMS OF
02:11 - 11.660 GETTING TREATMENT WHICH IS LIKE
02:11 - 14.080 I SAID HE NEEDED. THE TRIAL
02:11 - 16.520 COURT ALSO RELIED UPON THE
02:11 - 19.180 TESTIMONY. ALL THE
02:11 - 22.170 COMMONWEALTH. EXPERT HE SAID
02:11 - 23.350 THERE WAS A LOT LOWER
02:11 - 25.730 LIKELIHOOD IF THE PALIN LOCAL
02:11 - 26.960 CLIMB ANY FLOOD WATER
02:11 - 31.730 ERSKINE WE CAN'T READ WAY AND
02:11 - 33.130 FROM THOSE FACTS. THE TRIAL
02:11 - 35.110 COURT CAME TO THE CONCLUSION
02:11 - 35.930 THAT
02:11 - 37.980 THIS DEFENDANT. IT'S THE WE'RE
02:11 - 39.620 CASE THAT IS INCAPABLE OF
02:11 - 42.070 REHABILITATION. IT SEEMS TO ME
02:11 - 42.210 THAT
02:11 - 44.710 YOU ARE NEWS NEARLY JUST AS WE
02:11 - 44.940 RE
02:11 - 48.560 THE EVIDENCE ON WHICH WE JUST
02:11 - 49.770 WE DON'T HAVE THE AUTHORITY TO
02:11 - 51.280 DO SO I JUST WANT TO HEAR
02:11 - 52.470 RESPONSE TO HOW.
02:11 - 56.190 HOW WE GET WHAT WE WANT HOW WE
02:11 - 59.000 GET TO YOU WANT AS WELL WITHOUT
02:11 - 01.440 OUR WAY WE WEIGH THE EVIDENCE.
02:12 - 02.800 WELL WE HAVE TO DEFER TO THE
02:12 - 04.990 CHILD. SO THE
02:12 - 05.980 QUESTION RIGHT.
02:12 - 08.980 >>I'M NOT ASKING THIS COURT TO
02:12 - 10.550 REALLY WEIGH THE EVIDENCE BY
02:12 - 11.640 ANY STRETCH.
02:12 - 16.670 >>I WANT TO SEPARATE OUT THE
02:12 - 17.430 ISSUE OF.
02:12 - 21.550 >>COOL ALL FROM SENSE. LOGAN
02:12 - 22.370 REPORTS OR
02:12 - 25.020 SPECIFICALLY ABOUT ABOUT IF
02:12 - 26.060 YOU'RE NOT PERMANENTLY
02:12 - 27.960 INCORRIGIBLE BUT YOU'RE NOT
02:12 - 29.330 PREPARED TO BE RELEASED.
02:12 - 30.810 THEN YOU SPEND
02:12 - 32.920 YEARS AND MAYBE THE REST OF YOU
02:12 - 35.120 WANT IN IN PRISON THAT'S A
02:12 - 37.430 COOL WESTERN. ACCORDING TO
02:12 - 39.640 MONTGOMERY. HERE WE'VE GOT.
02:12 - 42.430 GIVEN THE BURDENS THAT I HAVE A
02:12 - 44.060 LIST OF IT AND GIVEN THE FACT
02:12 - 47.090 IS THAT. TO EXPERTS WHO CALL
02:12 - 48.570 KNOW EITHER. WE'LL SAY THAT
02:12 - 49.400 HE'S PERMANENTLY
02:12 - 52.450 IN COURT. I WORK FOR YOU ON TO
02:12 - 53.900 THE LANGUAGE SPECIFICALLY IN
02:12 - 56.320 BATCH TOO. NO POSSIBILITY.
02:12 - 57.790 THE OFFENDER COULD BE
02:12 - 59.660 REHABILITATED IN POINT LATER IN
02:12 - 01.480 HIS LIFE. NO MATTER HOW MUCH
02:13 - 03.270 TIME HE SPENDS IN PRISON AND
02:13 - 04.540 REGARDLESS OF THE AMOUNT OF
02:13 - 06.260 THERAPEUTIC INTERVENTIONS YOU
02:13 - 08.430 RECEIVED SO I AGREE WITH YOU
02:13 - 10.370 WRITE TODAY. MISTER THE JESUS
02:13 - 11.860 IS NOT IS NOT READY TO BE
02:13 - 13.610 RELEASED. I'M NOT ADVOCATING
02:13 - 15.650 FOR HIS RELEASE. TODAY. I
02:13 - 17.950 AM SAYING THAT HAS SUFFICIENT
02:13 - 20.120 SEA LEVEL WE'RE EXPERTS ON BOTH
02:13 - 21.630 SIDES SAYING HE'S NOT
02:13 - 23.450 PERMANENTLY CORDIAL. WHERE
02:13 - 24.600 THERE WAS A BOARD APPROVAL IN
02:13 - 26.280 THE COMMONWEALTH AND WHERE
02:13 - 27.550 THERE WAS A PRESUMPTION AGAINST
02:13 - 29.010 IT THAT THAT THERE
02:13 - 31.030 IS NO THE COMMONWEALTH SIMPLY
02:13 - 32.640 HAS NOT MET THAT SUFFICIENT
02:13 - 35.290 BYRNE. YOU KNOW
02:13 - 38.040 THAT'S CLOSE HAVE OR TO BELIEVE
02:13 - 39.210 THAT HE'S NOT PERMANENTLY
02:13 - 41.180 INCORRIGIBLE AND GIVEN THAT.
02:13 - 44.410 THE LENGTH OF TIME YOU MAY NEED
02:13 - 44.990 TO SPEND
02:13 - 47.300 IN PRISON BEFORE HE'S READY TO
02:13 - 49.070 BE FOOLED. IS A SEPARATE
02:13 - 51.120 QUESTION FROM THE QUESTION OF
02:13 - 52.720 PERMANENT, ACCORDING TO BILL.
02:13 - 55.990 >>YOU DO HAVE. IT'S LIKE IF
02:13 - 57.650 I CAN HE BUT YOU DO HAVE THE
02:13 - 58.250 TRIAL COURT
02:13 - 00.550 RELYING ON THE COMMONWEALTH
02:14 - 01.950 EXPERT HE SHOULD DO THE SAME
02:14 - 05.400 LOW LIKE A BOOK. YOU CLIMB WILL
02:14 - 07.230 COMPLY WITH TREATMENT. WE HAVE
02:14 - 09.750 TO ACCEPT LIKELY WHO
02:14 - 12.440 IS NOT NO POSSIBILITY THAT THE
02:14 - 13.200 OFFENDER COULD BE
02:14 - 14.010 REHABILITATED.
02:14 - 15.760 >>THAT'S WHAT BATCH TO SAYS
02:14 - 17.900 NO POSSIBILITY SO A LOW
02:14 - 19.100 LIKELIHOOD 15 WITH
02:14 - 22.230 MONTGOMERY'S. APPROACH WHICH IS
02:14 - 22.840 THAT
02:14 - 24.670 YOU KNOW THEN THAT IF YOU'RE
02:14 - 26.200 NOT PREPARED TO BE COLD.
02:14 - 27.990 IF YOU CAN BE REALLY BACK TO
02:14 - 29.450 THE COMMUNITY AND YOU DON'T GET
02:14 - 30.600 RELEASED BACK TO THE COMMUNITY.
02:14 - 33.060 THAT'S NOT A LOW PROBABILITY IS
02:14 - 35.110 NOT KNOW A POSSIBILITY.
02:14 - 37.650 AND NOT ENOUGH.
02:14 - 40.940 THAT'S WHAT THE LAST 2 HOLES SO
02:14 - 42.430 THAT AND THAT'S I THINK WHY
02:14 - 44.210 NEITHER EXPERTS SAY WAS
02:14 - 46.720 PERMANENTLY INCORRIGIBLE THERE
02:14 - 48.590 IS THERE IS THAT POSSIBILITY
02:14 - 50.020 THAT HE CAN BE REBUILT.
02:14 - 52.310 IN FACT I WOULD JUST POINT OUT
02:14 - 53.770 YOUR HONOR, I KNOW ONE MAYBE
02:14 - 55.700 RUN TO A POINT HERE THAT THAT
02:14 - 57.670 THE DEFENSE EXPERT NOTED THAT
02:14 - 59.210 HE HAD ONLY BEEN TREATED WITH
02:14 - 01.800 FIRST GENERATION. SCHIZOPHRENIA
02:15 - 03.600 DRUGS AND SECOND GENERATION
02:15 - 06.760 SCHIZOPHRENIA DRUGS. I HAVE A
02:15 - 09.120 BETTER EFFECT I THINK. NEITHER
02:15 - 10.760 EXPERTS DISPUTED THAT PRACTICE.
02:15 - 22.910 >>WE MAY HAVE TO CROSS YOUR 11
02:15 - 23.310 O
02:15 - 26.580 2.1 ARGUMENT FIRST. I CAME TO
02:15 - 28.210 THE LEGISLATURE IN AMENDING THE
02:15 - 33.620 HE DID A WA OFF FOR SECOND
02:15 - 35.670 DEGREE MURDER. OFFICIALS HAVE
02:15 - 36.910 UNTIL THE GALILEE GREAT.
02:15 - 40.640 >>USUALLY IT IS IN THEIR
02:15 - 42.120 LEGALITY CLEAN YOUR HONOR YES,
02:15 - 44.320 I'M SUGGESTING THAT THE PAGE IS
02:15 - 45.310 A SENSE IS ILLEGAL.
02:15 - 48.330 >>ALL RIGHT I'M SORRY YOUR
02:15 - 50.060 HONOR JUST WANTED TO CLEAR 11
02:15 - 50.960 TO 2.1 DOES
02:15 - 53.330 NOT APPLY. COMMISSIONER JESUS
02:15 - 55.490 BECAUSE HIS PRIME WAS BEFORE 11
02:15 - 56.500 2. WHAT ONE
02:15 - 58.740 AND WHAT I AM SAYING IS THAT 11
02:15 - 00.120 A 2.1 TODAY.
02:16 - 03.080 PRECLUDES SO A LIFE WITHOUT
02:16 - 03.760 PAROLE FOR SECOND
02:16 - 05.290 DEGREE MURDER. WHEN THEY COME
02:16 - 06.780 HERE ON THE COURT AND SAY WE
02:16 - 09.150 HAVE TO YOU TO LOGON A 2.1 EVEN
02:16 - 10.370 IN CASES PRIOR TO THE
02:16 - 11.240 DATA BACK.
02:16 - 12.990 >>IF YOU'RE ASIAN ILLEGALITY
02:16 - 15.700 CLAIM THAT IT SEEMS AND WE
02:16 - 16.510 WOULD HAVE TO LOOK AT THAT
02:16 - 19.030 FIRST I MISSED WHAT ASPECT OF
02:16 - 20.630 THAT STATUTORY ARGUMENT WAS
02:16 - 21.590 CONSTITUTIONAL.
02:16 - 26.630 I HOPE I UNDERSTAND YOU
02:16 - 28.200 QUESTION YOUR HONOR OF YOUR
02:16 - 29.500 CONSTITUTIONAL ARGUMENT.
02:16 - 32.270 SO SO SO WHAT I'M SAYING IS
02:16 - 33.750 THAT A LOT OF PEOPLE WANT
02:16 - 36.570 PRETTY COOL. WHAT WE NOW CALL
02:16 - 37.690 FOR SECOND DEGREE MURDER AND
02:16 - 39.300 THE REASON I SAY THAT IS
02:16 - 42.160 BECAUSE. I THINK A LOT OF THE
02:16 - 45.530 2.1 A NOTES AND NOTICE MUST BE
02:16 - 46.570 GIVEN FIRST
02:16 - 47.990 DEGREE MURDER, THE BILL
02:16 - 49.530 LANGUAGE OF FIRST DEGREE MURDER
02:16 - 50.860 INCLUDE THE POSSIBILITY.
02:16 - 53.200 ALL OF A LIFE WITHOUT PAROLE
02:16 - 55.580 SENTENCE. BUT SECOND DEGREE
02:16 - 57.080 MURDER DOES NOT INCLUDE THAT
02:16 - 58.960 LANGUAGE. THE
02:16 - 00.050 NOTICE REQUIREMENT
02:17 - 01.990 APPLIES ONLY TO FIRST DEGREE
02:17 - 03.160 MURDER, THERE IS NO NOTICE
02:17 - 04.340 REQUIREMENT SECOND-DEGREE
02:17 - 06.360 MURDER IT YEAH, BUT WHAT YOU'RE
02:17 - 07.320 SAYING YOU'RE GIVING ME A
02:17 - 08.550 STATUTORY
02:17 - 09.690 CONSTRUCTION ORNAMENT.
02:17 - 12.650 >>I BASED UPON A PRINCIPLE IN
02:17 - 14.080 THE CONSTITUTION FOR SUNDAY.
02:17 - 16.780 SO MISS SOMETHING.
02:17 - 19.070 >>I KNOW I MAY I MAY HAVE
02:17 - 20.110 MISUNDERSTOOD YOUR HONOR.
02:17 - 23.970 THE NEWS THAT SINCE 11 TO ONE
02:17 - 26.040 PRECLUDES LIFE WITHOUT PAROLE
02:17 - 27.640 FOR SECOND-DEGREE MURDER AND
02:17 - 29.010 SINCE COME. WALKER SAYS AL
02:17 - 31.130 MOYER. THE REST IS AND AND
02:17 - 32.840 FRANKLY JUST AS FAIR IN THE
02:17 - 34.220 FIRST BATCH CASE, THE WRECKS US
02:17 - 36.600 THIS WAY AS WELL TO LOOK AT THE
02:17 - 39.070 AT WHAT THEY DID. THE EVOLVING
02:17 - 41.080 STANDARDS OF DECENCY. THE BEST
02:17 - 42.410 EVIDENCE OF INVOLVEMENT STANDS
02:17 - 44.990 DECENCY IS THE ACTIVITY OF
02:17 - 46.500 THE LEGISLATURE. SO HERE THE
02:17 - 48.230 LEGISLATURE 9 YEARS AGO
02:17 - 50.010 THAT INCLUDED LIFE WITHOUT
02:17 - 51.100 PAROLE FOR SECOND-DEGREE
02:17 - 53.230 MURDER. 39 STATES
02:17 - 55.220 AND PRECLUDE LIFE WITHOUT
02:17 - 58.410 PAROLE OR THE THE FACT THAT
02:17 - 59.640 OTHER STATES HAVE HAVE
02:17 - 00.740 HAVE LIKEWISE.
02:18 - 02.920 >>LIKEWISE THAT THAT HELPS WITH
02:18 - 04.200 INTERPRETATION OF THE LANGUAGE
02:18 - 06.090 OF 4 STATUTE. I DO GET YOUR
02:18 - 06.980 GUN, I DO WANT TO GET TO
02:18 - 08.810 ANOTHER QUESTION AND EVEN
02:18 - 10.270 THOUGH THE COUPLE'S EXPERT DID
02:18 - 12.040 NOT USE THE MAGIC WORDS THAT
02:18 - 13.400 THERE'S NO POSSIBILITY OF
02:18 - 15.530 REHABILITATION. AND THE EXPERT
02:18 - 18.230 I HOPE I MET YET YOUR CLIENT
02:18 - 19.820 STRONG COMPLIANCE REFUSAL TO
02:18 - 21.880 TAKE MEDICATIONS. HIS CONSTANT
02:18 - 24.170 ACTING OUT SOMETHING THAT WAS
02:18 - 25.280 GOING TO CONTINUE.
02:18 - 27.890 SO WE USE THOSE MAGIC WORDS
02:18 - 28.990 TELL ME WHY THAT'S NOT
02:18 - 31.270 EQUIVALENT. I HAVE TO SAYING
02:18 - 33.320 THAT AND YOU KNOW HE'S NEVER
02:18 - 34.350 GOING TO BE REHABILITATED.
02:18 - 36.570 >>WELL HE SAID IT WAS HE SAID
02:18 - 37.950 IT WAS IT WAS.
02:18 - 40.950 THERE WAS A POSSIBILITY IN FACT
02:18 - 41.770 MORE THAN
02:18 - 43.800 A POSSIBILITY THAT IN HIS LATE
02:18 - 46.630 50'S OR EARLY 60'S, I'M USING
02:18 - 48.580 HIS MIND NOW WE BEGIN TO SEE A
02:18 - 50.240 LESSENING OF THAT IMPULSE TO
02:18 - 50.870 ENGAGE IN.
02:18 - 54.330 >>IN THAT FILE HIM SPEAKING
02:18 - 55.730 GENERALLY THAT WHEN PEOPLE GET
02:18 - 57.720 THEIR 50'S AND 60'S BUT HIS
02:18 - 59.450 LANGUAGE THAT AND YOU KNOW IT'S
02:18 - 00.750 POSSIBLE WAS AND THAT REALLY
02:19 - 02.410 STAYED IN THE ABSTRACT AND YOU
02:19 - 03.490 WANT TO TALK IN TERMS OF
02:19 - 05.860 ABSOLUTE IS SO SHE GET ANYTHING
02:19 - 06.680 IS POSSIBLE.
02:19 - 09.130 BUT IN IN THIS CASE HE'S HE
02:19 - 10.490 TESTIFIED IN THAT ROLE FOR
02:19 - 12.690 FAMILY. YOUR FOR YOUR CLIENTS
02:19 - 14.490 TRY ACTING OUT THE CRIMES HE
02:19 - 16.180 COMMITTED THE FACT HE WON'T AND
02:19 - 16.580 SHE DIED
02:19 - 18.810 IS REFUSING. YOU KNOW TO DO
02:19 - 20.510 ANYTHING TO ADDRESS HIS
02:19 - 22.860 DISORDERS RENDERS HIM NOT
02:19 - 24.220 CAPABLE OF REHABILITATION.
02:19 - 25.630 I WOULD NOT BE.
02:19 - 28.640 >>I'M SORRY YOUR HONOR I
02:19 - 30.670 DON'T THINK. I DON'T THINK HE
02:19 - 32.150 SAID HE WAS CAPABLE OF
02:19 - 33.900 REHABILITATION, HE SAID HE WAS
02:19 - 36.120 HE WAS NOT HE WAS NOT CAPABLE
02:19 - 38.480 OF REHABILITATION. AT THAT TIME
02:19 - 40.590 BECAUSE OF THE WAY HE WAS I
02:19 - 41.570 THINK HE DID NOT
02:19 - 44.640 SHE THOUGHT EYES AT ALL THAT
02:19 - 47.790 HE WOULD A WHOLE WE CONTINUE TO
02:19 - 50.160 ACT THAT WAY AGAIN I YOU KNOW I
02:19 - 52.100 WANT TO GO BACK. WHAT FACTS HE
02:19 - 52.400 SAID.
02:19 - 55.450 NO POSSIBILITY DEFENDER COULD
02:19 - 57.460 BE REHABILITATED ANY LATER IN
02:19 - 59.220 HIS LIFE. NO MATTER HOW MUCH
02:19 - 00.780 TIME HE SPENDS IN PRISON AND
02:20 - 02.080 WITH GORE WAS OF THE AMOUNT OF
02:20 - 03.790 THERAPY INTERVENTION TEAM
02:20 - 07.200 RECEIVES AND THE BIG COME ALONG
02:20 - 08.180 I-FOUR DID NOT
02:20 - 11.350 AUCOIN. TO THE LANGUAGE OF THAT
02:20 - 13.300 SORT OF LIKE ANY CASUALTIES.
02:20 - 14.500 THANK YOU WANT TO LEAVE ROOM
02:20 - 15.700 FOR THE OTHER JUDGES, BUT I
02:20 - 16.810 UNDERSTAND THANK YOU ARE.
02:20 - 17.380 >>THANK YOU.
02:20 - 20.270 >>JUDGE NICHOLS AND WE'RE GOING
02:20 - 21.300 TO BE FINISHING UP A JUDGE
02:20 - 21.860 NICHOLS THAT.
02:20 - 24.570 >>YEAH IT'S GOING TO BE LOOKING
02:20 - 26.050 AT THAT RECORD IS LOOKING AT
02:20 - 27.710 THE 20 YEAR HISTORY OF OF
02:20 - 30.290 A DEFENDANT'S A PROBLEMATIC IS
02:20 - 32.330 THE COURT'S WORDS BEHAVIOR, NOT
02:20 - 33.190 NOT COMMITMENT TO
02:20 - 35.000 REHABILITATION. AND THAT IS
02:20 - 37.840 PURE SPECULATION, I'VE GOT A
02:20 - 39.320 FUTURE DEDICATION WILL
02:20 - 41.390 CHANGE THINGS AND HE SEEMED TO
02:20 - 42.570 REALIZE THAT COURT
02:20 - 43.780 INTERESTINGLY THE COURT ALSO
02:20 - 46.430 PLACED GREAT EMPHASIS ON CLOSE.
02:20 - 48.770 EVALUATION MORE EVEN.
02:20 - 51.790 I CAN AND DOCTOR MECHANIC AND
02:20 - 52.100 DOCTOR
02:20 - 54.390 RUSSELL BOTH AGREE THAT YOU
02:20 - 56.630 COULD SAY SPEAKING AT SOON AND
02:20 - 57.650 THAT IT'S POSSIBLE.
02:21 - 02.140 >>A FUTURE.
02:21 - 04.190 >>JUDGE SEE THE GUYS VERY MUCH
02:21 - 05.460 BY DOCTOR LOCALS.
02:21 - 07.590 EVALUATION REPORT AND THAT
02:21 - 10.030 LOOKING AT HIS PARIS. IT
02:21 - 11.930 WAS PASSED BEHAVIORAL THE 20
02:21 - 13.290 YEARS, HE'S BEEN INCARCERATED
02:21 - 14.640 IN ALL THE INS AND STANFORD.
02:21 - 16.690 AND
02:21 - 18.790 HE DIDN'T WANT TO A TRIAL WHERE
02:21 - 20.340 IT SAYS HE DOESN'T LIKE ME HE
02:21 - 21.520 DOESN'T WANT TO SPECULATE.
02:21 - 27.020 AND MY CONJECTURE INTO
02:21 - 28.310 THE FUTURE AND
02:21 - 30.620 DETERMINED THAT MAYBE WITH THE
02:21 - 31.820 DEVELOPMENT OF FUTURE
02:21 - 32.630 MEDICATION.
02:21 - 37.960 COUNT COULD. YOU KNOW SHE SOME
02:21 - 40.220 THE SIMPLE THE ABILITY TAISHAN
02:21 - 41.300 NOW IN NEWARK.
02:21 - 43.750 IN YOUR MIND IS THAT MEET THE
02:21 - 46.700 BATS TO STANDARD. IN WHICH
02:21 - 49.880 SEEMS PRETTY CLEAR YOU DO YOU
02:21 - 51.050 THINK THAT MEETS THE STANDARD
02:21 - 52.130 IS THAT THE COURTS SEEM TO BE
02:21 - 53.730 CONCERNED WITH NEWS FROM IBM.
02:21 - 56.540 >>WELL I DON'T THINK YOU KNOW.
02:21 - 58.560 MY
02:21 - 00.740 BATCH TOO IS
02:22 - 02.700 THAT THAT THEN THERE HAS TO BE
02:22 - 05.480 A FINDING. IN THIS CASE
02:22 - 07.320 EXPERTS CALL. SO THERE HAS TO
02:22 - 10.790 BE A NEITHER EXPERT. I DID HE
02:22 - 12.740 WAS PERMANENTLY INCORRIGIBLE SO
02:22 - 14.830 AS FAR AS I AND FOR MY MONEY
02:22 - 16.550 BACK TOO THERE HAS TO BE
02:22 - 18.080 A FINDING A PERMANENT HARD TO
02:22 - 19.900 BELIEVE HERE YOU GOT THE BIRD
02:22 - 20.560 THERE'S NOT.
02:22 - 22.180 >>IT BECOMES THE ELDER LIKE
02:22 - 23.410 WITHOUT. WELL BECOMES AN
02:22 - 24.300 ILLEGAL SENTENCE.
02:22 - 25.500 THAT'S RIGHT.
02:22 - 27.570 >>IT'S NOT THAT THERE'S NO
02:22 - 28.860 FINDING A PERMANENT ACCORD
02:22 - 30.420 ABILITY. IT'S IN A LEGAL SENSE
02:22 - 32.400 AND I DO I WANT TO MAKE ONE
02:22 - 34.630 POINT CLEAR HERE WHICH IS THAT
02:22 - 36.490 THAT THE THIS IS A CREW
02:22 - 37.810 ON THE IT HAS TO BE
02:22 - 39.630 A CRIME INDICATING PERMITTING
02:22 - 41.070 HARD TO BELIEVE WELL THAT'S A
02:22 - 43.940 FACT THAT THIS IS MISTER JESUS
02:22 - 45.660 WAS NOT EVEN CONVICTED OF THE
02:22 - 46.620 MOST SERIOUS DEGREE OF
02:22 - 49.500 HOMICIDE. SO I THINK I THINK
02:22 - 51.540 THAT BACK ALONG WITH THE 2
02:22 - 53.510 EXPERTS WHO DO NOT LIKE AND
02:22 - 55.140 PERMANENTLY INCORRIGIBLE THE
02:22 - 56.820 PRESUMPTION AND THE BURDEN OF
02:22 - 57.900 PROOF ON THE COMMONWEALTH
02:22 - 00.260 AND I YOU KNOW WHEN I THROW ALL
02:23 - 01.190 THAT INTO THE NEXT.
02:23 - 03.600 IT'S OUR POSITION THAT HE WAS
02:23 - 05.350 HE'S NOT IN THE COMMONWEALTH
02:23 - 07.490 DID NOT MEET THIS EFFICIENCY
02:23 - 08.460 STANDARD FOR PERMANENT IN
02:23 - 09.980 CARTERVILLE WELL THANK YOU
02:23 - 13.140 MISTER WE'RE NOW READY TO GO TO
02:23 - 14.460 HEAR FROM THE TRUMP WELL FROM
02:23 - 14.800 THE YEAR.
02:23 - 16.340 >>DON'T WORRY COUNTY DA'S
02:23 - 18.840 OFFICE. THAT PEOPLE ARE YOU
02:23 - 19.620 PREPARED TO BEGIN.
02:23 - 21.540 >>AND THANK YOU GOOD AFTERNOON
02:23 - 22.830 MADE TO SUPPORT MY NAME IS
02:23 - 24.170 HAPPENING TO YOU FOR EVER SINCE
02:23 - 24.310 THE
02:23 - 26.600 PELLYS MATTER I'D LIKE TO START
02:23 - 28.250 BY DISCUSSING MISSISSIPPI
02:23 - 29.140 EVIDENCE PLAYING
02:23 - 31.830 PRESENTED BY DEFENDANT THEM I
02:23 - 32.880 THINK IT'S IMPORTANT TO KNOW
02:23 - 33.830 FROM THE OUTSET.
02:23 - 35.540 THE COUNTRY TO DEFEND HIS
02:23 - 37.060 POSITION ACCORDING TO REALTY
02:23 - 39.080 PERMANENT COURT REALLY IS NOT A
02:23 - 41.560 BAD. THE EXPERT MUST TESTIFY TO
02:23 - 43.640 RATHER IT'S A LEGAL SOLUTION
02:23 - 44.810 MUST BE REACHED BY THE
02:23 - 46.350 SENTENCING COURT. A RECENT
02:23 - 47.730 TOUR. HOW IS THE EVIDENCE
02:23 - 49.240 SO THERE WAS NO NEED
02:23 - 50.770 FOR THE TUNNELS EXPERT THE
02:23 - 52.900 DEFENSE EXPERT PRISON FOR
02:23 - 54.640 ANYBODY ELSE TO USE THE MAGIC
02:23 - 57.950 WORD PERMANENTLY COURT. INSTEAD
02:23 - 58.940 THE 74.
02:23 - 01.140 THESE AND ALL OF THE EVIDENCE
02:24 - 02.760 PRESENTED BY THE EXPERTS.
02:24 - 06.000 THE FAMILY. YOU KNOW OVER THE
02:24 - 08.770 COURSE OF HIS 20 YEARS. REQUIRE
02:24 - 10.260 TO MAKE THAT DETERMINATION.
02:24 - 13.000 BASED ON A BE ON THE LOOKOUT
02:24 - 14.410 THAT STANDARD AND I THINK IT'S
02:24 - 16.000 ALSO IMPORTANT TO KNOW THAT.
02:24 - 19.300 FOR
02:24 - 21.410 DECADES BEYOND A REASONABLE
02:24 - 23.380 DOUBT STANDARD IS NOT THE SAME
02:24 - 25.450 AS THE ON ANY POSSIBILITY OF
02:24 - 27.380 DOUBT. THERE IS SOME SPACE IN
02:24 - 29.130 BETWEEN THERE AND SEE THE U.S.
02:24 - 31.050 TO MEET OUR BURDEN THAT WE NEED
02:24 - 32.400 TO PROVE. THE
02:24 - 34.290 DEFENDANT WAS CRIMINAL
02:24 - 36.080 RECORDS WILL BE ON THE LOOKOUT.
02:24 - 37.640 I THOUGHT IT MIGHT HELP OVER TO
02:24 - 39.170 THE COURT IF WE WERE TO QUICKLY
02:24 - 41.300 REVIEW. SOME OF THEM. THERE ARE
02:24 - 44.080 2 CASES WHERE THIS COURT HAS
02:24 - 45.200 REVIEWED WHETHER OR NOT
02:24 - 47.340 DEFENDING HIS BACK PER MILLION
02:24 - 50.030 FOR ALL THE FIRST WEALTHY MOYE
02:24 - 51.860 AND BACK A CASE THIS COURT
02:24 - 53.520 FOUND THAT CALL DO NOT
02:24 - 55.340 PREVENT PORTABILITY FOR MORE
02:24 - 57.130 HEAD TO YOU IN SIGNIFICANT
02:24 - 59.120 PRISON MISCONDUCT, EXPRESSED A
02:24 - 00.910 DESIRE TO PROVE TO FINISH
02:25 - 02.340 SCHOOL AND COMPETE IN ISRAEL
02:25 - 04.820 REHABILITATION. CONVERSELY
02:25 - 06.330 O'CONNELL THE GREEN.
02:25 - 08.540 THIS COURT HELD A LIFE WITHOUT
02:25 - 09.290 PAROLE SENTENCE.
02:25 - 12.810 GREEN HAD 27 MINOR REPORTS.
02:25 - 15.320 ONCE THREATENED TO SELL ME A
02:25 - 16.960 BUILT-IN ADVANTAGE. PRISON
02:25 - 18.750 PROGRAM SEEK TREATMENT OR
02:25 - 20.760 MEDICATION. THERE'S A SENSE.
02:25 - 21.580 THE COURT NOTED.
02:25 - 23.600 SO WE'RE GREEN WAS CLOSE TO 8
02:25 - 24.630 YEARS OLD AT THE TIME OF HIS
02:25 - 26.850 CRIME WAS A 100% COTTON BOWL.
02:25 - 29.010 THE MURDER IN THAT CASE WAS
02:25 - 30.630 NOT AVAILABLE TREATMENT HAS
02:25 - 32.660 SHOWN NO IMPROVEMENT ON PART 3.
02:25 - 34.110 HE WAS IN FACT PER
02:25 - 36.050 MILLION COURT AND THIS COURT
02:25 - 37.750 UPHELD THAT SENSE THE COURTS
02:25 - 38.070 FIND.
02:25 - 40.570 I WOULD SUGGEST THAT THE
02:25 - 42.110 INSTANT FACTS WHERE THERE WERE
02:25 - 43.130 TWICE AS MANY.
02:25 - 47.980 SERIOUS STABBING IN PRISON.
02:25 - 52.380 WAS ALSO CLOSE WITH WHEN I'M
02:25 - 54.010 SORRY WAS BEFORE MONTHS OF HIS
02:25 - 55.470 18TH BIRTHDAY AT THE TIME OF
02:25 - 57.700 THIS CRIME HE WAS ALSO 100%
02:25 - 59.080 WHOLE BUBBLE FOR HIS CRIME
02:25 - 00.880 DESPITE OVER TO THE SECOND.
02:26 - 03.730 HAS BEEN SHOWN TO BE ON A
02:26 - 05.250 MEDICAL TREATMENT HAS
02:26 - 07.430 SHOWN NO IMPROVEMENT WHILE IN
02:26 - 10.360 PRISON. HE IS TO ALSO CRIMINAL
02:26 - 10.700 CHARGE.
02:26 - 14.660 QUICKLY TO DISCUSS THE
02:26 - 17.260 CONSTITUTIONAL OR. THE
02:26 - 18.440 CONSTITUTIONAL ARGUMENT.
02:26 - 22.830 I WOULD POINT OUT 2.1 APPLIES
02:26 - 26.290 FROM 2012. NOT TO ANYONE WHO
02:26 - 28.770 IS CONVICTED BEFORE 2012.
02:26 - 31.350 SYSTEMS LIKE THAT WHERE THERE
02:26 - 32.920 HAVE BEEN A CHANGEABLE STATUE.
02:26 - 35.240 HOW TO HELP BY
02:26 - 37.330 THIS COURT TO BE COMPLETELY
02:26 - 39.340 FAIR EVEN THOUGH PEOPLE
02:26 - 40.560 ARE TREATED DIFFERENTLY BASED
02:26 - 41.940 ON A BREAK IN THAT TIME.
02:26 - 43.860 THE LAW SAYS.
02:26 - 46.280 AND THIS WAS IN THE SUPERIOR
02:26 - 47.150 COURT'S DECISION.
02:26 - 55.430 THERE'S A BREAK IN TIME AS LONG
02:26 - 57.840 AS THE PEOPLE. IN THE
02:26 - 00.130 GROUP BEFORE AFTER THAT BREAK
02:27 - 01.880 ARE TREATED SIMILARLY TO THE
02:27 - 04.570 PEOPLE AT THE SAME TIME THAT
02:27 - 06.870 IS. OKAY THAT THERE IS THIS
02:27 - 08.040 CHANGE IN THE SYSTEM.
02:27 - 13.670 THIS
02:27 - 16.150 COURT DISCUSS SORT INVOLVING
02:27 - 20.630 SINN 56 IN THAT CASE. THIS
02:27 - 21.720 COURT HELD THAT.
02:27 - 24.530 IS THAT PEOPLE SEE IN
02:27 - 26.210 PENNSYLVANIA HAVE NOT YET GONE
02:27 - 26.830 SO FAR.
02:27 - 29.140 OUTLAW LIFE WITHOUT PAROLE FOR
02:27 - 30.910 SECOND 3 MURDERS WHO
02:27 - 32.250 ARE CONVICTED. ON A
02:27 - 34.720 CO-CONSPIRATOR LIABILITY THEORY
02:27 - 36.160 THAT IS TO SAY THEY WERE NOT
02:27 - 37.860 THE ONES ACTUALLY DO THE
02:27 - 40.060 MURDER. THIS COURT HEALTH.
02:27 - 45.810 THOSE CO-CONSPIRATORS OR
02:27 - 47.630 IN FACT JUST AS CULPABLE AND
02:27 - 49.450 OUR OWN STANDARDS OF DECENCY.
02:27 - 50.640 WE'RE NOT.
02:27 - 55.080 WE'RE NOT PEOPLE OF
02:27 - 57.180 BEING SENTENCED TO LIFE
02:27 - 58.830 WITHOUT PAROLE. HERE AGAIN
02:27 - 00.380 DEFENDING WAS THE SHOOTER.
02:28 - 02.350 SO HE'S EVEN ONE STEP FURTHER
02:28 - 04.280 REMOVED FROM THE OLD.
02:28 - 06.880 WE SUBMIT THAT ARE INVOLVED HE
02:28 - 08.370 DOES A DECENCY CERTAINLY WOULD
02:28 - 10.160 ALLOW FOR LIFE WITHOUT PAROLE
02:28 - 11.960 SENTENCE FOR THIS DEFENDANT
02:28 - 14.100 WHERE WE HAVE SAID THAT WE WILL
02:28 - 15.870 ALLOW IT FOR THOSE WHO ARE NOT
02:28 - 16.180 THE
02:28 - 18.230 ACTUAL SHOOTER AND ARE GUILTY
02:28 - 19.430 ONLY AND ARE HOPING TO SPARE
02:28 - 21.730 THE LIFE OF TERRI I WELCOME ANY
02:28 - 22.650 QUESTIONS PART.
02:28 - 25.180 >>NO ONE IS THAT TEXTING ME
02:28 - 26.950 DOES ANYBODY HAVE ANY QUESTIONS
02:28 - 28.310 THIS MORNING GIVEN THE OKAY TO
02:28 - 29.000 JUDGE BENDER.
02:28 - 36.240 I'VE A
02:28 - 38.830 AND I
02:28 - 40.100 UNDERSTAND YOU'RE.
02:28 - 42.500 >>OPPOSITION THIS TIME.
02:28 - 46.140 2 HELD POSITION.
02:28 - 48.920 >>WHAT WOULD BE.
02:28 - 50.760 >>THE CALL OF THE MOST
02:28 - 51.530 POSITION.
02:28 - 55.150 IN THIS ISSUE HAS AGAIN RAISED
02:28 - 57.170 IN 15 OR 20 YEARS.
02:28 - 59.780 WE DO THERE IS A NOW OR NEVER
02:28 - 01.980 DECISION OR IS IT SOMETHING
02:29 - 05.250 THAT IN 15 YEARS. WE I
02:29 - 08.240 GENTLEMEN NOW US 41 GIVE OR
02:29 - 10.610 TAKE WHO MADE THESE AND
02:29 - 12.840 THE 5 WOULD THERE BE ANYTHING
02:29 - 16.380 DIFFERENT COOL. A NOTHER 10 AT
02:29 - 18.850 THAT TIME TO TAKE AWAY THE LIFE
02:29 - 21.080 WITHOUT PAROLE. SO I'M
02:29 - 22.330 UNDERSTANDING YOUR QUESTION
02:29 - 23.120 CORRECTLY YOU'RE
02:29 - 25.430 WONDERING IS. NOW IS THE ONLY
02:29 - 26.720 TIME THAT WE CAN MAKE A
02:29 - 28.590 DECISION ABOUT MISTER DE JESUS
02:29 - 30.500 IS HARMING OUR ABILITY WHETHER
02:29 - 31.460 IT EXISTS OR NOT.
02:29 - 33.540 >>AND IT IS BECAUSE NOW IS WHEN
02:29 - 35.410 HE'S SENTENCED IN LEE HAS THE
02:29 - 37.150 OPPORTUNITY TO APPEAL THAT.
02:29 - 39.510 I WOULD SUBMIT THAT.
02:29 - 42.620 THE RUSSELL SAID THE DEFENDANTS
02:29 - 44.330 REFUSAL OF TREATMENT WILL NOT
02:29 - 46.250 CHANGE AND HE MUST.
02:29 - 49.190 ANY POTENTIAL HOPE
02:29 - 51.080 OF REHABILITATION. IF YOU PUT
02:29 - 52.700 THOSE 2 STATEMENTS TOGETHER.
02:29 - 55.120 THE OBVIOUS CONCLUSION IS
02:29 - 56.210 THERE'S NO DISCERNIBLE
02:29 - 57.790 LIKELIHOOD OF REHABILITATION.
02:29 - 00.140 I WOULD SAY THAT THIS POINT IN
02:30 - 03.520 TIME AND SAY. HE IS CRIMINALLY
02:30 - 04.360 ENCOURAGE ALL.
02:30 - 09.600 WHAT THE COURT SHOULD DO MORE
02:30 - 12.330 GENERALLY NOT. HE SAYS WITH
02:30 - 13.610 THESE TYPES OF QUESTIONS IN A
02:30 - 15.490 DECADE OR 2. I WOULD SAY OF
02:30 - 18.670 COURSE THERE'S ME. OUR COUNTRY
02:30 - 18.750 OR
02:30 - 20.600 THE COURTS. USE WHAT CHANGED,
02:30 - 22.140 BUT I WOULD SAY THAT DECISION
02:30 - 23.740 SHOULD BE LEFT UP TO THE
02:30 - 25.060 SUPREME COURT FOR THE U.S.
02:30 - 26.730 SUPREME COURT IDOL. I DON'T
02:30 - 27.670 BELIEVE IN THIS.
02:30 - 31.070 TO EXPAND THE CONSTITUTIONAL
02:30 - 32.010 PROTECTIONS HAVE BEEN
02:30 - 32.970 RECOGNIZED BY MILLER
02:30 - 33.570 MONTGOMERY.
02:30 - 36.450 >>SO THEN SO THEN YOU'RE SAYING
02:30 - 37.290 THAT IF.
02:30 - 39.010 >>WE AFFIRM.
02:30 - 42.040 HE HAS NO FUTURE HOLDS NO
02:30 - 44.110 PROCEDURAL WAY EVEN
02:30 - 46.970 IF HE AND GAUGES THERE
02:30 - 54.330 >>WELL YOUR HONOR HE ALWAYS
02:30 - 55.810 SEEK CLEMENCY. I MEAN
02:30 - 57.710 THERE ARE I HAVEN'T USE OF
02:30 - 59.650 SEEKING RELEASE FROM PRISON
02:30 - 01.160 THAT DON'T DEAL DIRECTLY
02:31 - 02.600 INTERACT WITH PATIENTS, BUT.
02:31 - 05.370 CREWS DIRECTLY ASIAN WOULD BE
02:31 - 07.190 CLOSED. DOES THAT MEAN THAT HE
02:31 - 09.040 HAS NO OPPORTUNITY TO EVER BE
02:31 - 10.630 OUT OF PRISON IF HE SHOWS A
02:31 - 13.170 REMARKABLE EXPECTED TO BE ABOUT
02:31 - 16.260 OUR SYSTEM IS AVAILABLE.
02:31 - 19.240 >>SUCH AS CLAIMANTS SUCH
02:31 - 21.120 A FUN AND THAT'S YOU KNOW IS
02:31 - 22.560 THAT THE ONLY ONE YOU'RE AWARE
02:31 - 22.670 OF.
02:31 - 29.100 >>CORRECT ME IF I'M WRONG WHEN
02:31 - 30.830 HAPPY TO BE A COMMUTATION OF
02:31 - 32.740 SENTENCE OR PARDON. I
02:31 - 34.480 THINK GOVERNOR. HE WILL NO
02:31 - 35.660 LONGER HAVE RECOURSE TO THE
02:31 - 37.800 >>I BELIEVE THAT'S CORRECT.
02:31 - 38.150 YES.
02:31 - 40.570 I HAVE A QUESTION SURE IF
02:31 - 43.230 YOU'RE FINISHED A VENDOR THANK
02:31 - 43.450 YOU.
02:31 - 46.550 >>THIS COURT HAS BEEN KNOWN TO
02:31 - 48.390 AFFIRM SENTENCES OF
02:31 - 50.840 40 YEARS TO LIFE FOR
02:31 - 53.110 50 YEARS TO LIFE AND I ACTUALLY
02:31 - 54.920 THINK I WROTE ONE OF APPROVING
02:31 - 56.510 A 75 YEARS TO
02:31 - 58.340 LIFE WHAT WHAT PURPOSE ARE WE
02:31 - 00.930 SERVING BY SAYING LIFE WITHOUT
02:32 - 02.360 POSSIBILITY OF PAROLE.
02:32 - 05.810 WHAT MOTIVATION. WHAT WE GET
02:32 - 07.250 INTO A PRISON INMATE.
02:32 - 11.350 >>TOO BAD. COUNT ME TO UNDERGO
02:32 - 13.100 MENTAL HEALTH TREATMENT TO
02:32 - 14.140 IMPROVE THEIR LIFE.
02:32 - 16.090 IF WE AT LEAST DON'T WAIT
02:32 - 17.230 SOMETHING IN FRONT
02:32 - 19.170 OF THEM, GIVING THEM SOME KIND
02:32 - 21.280 OF HOPE AS UNREALISTIC AS IT IS
02:32 - 22.560 SAYING THE SENTENCE OF
02:32 - 25.420 75 YEARS TO LIFE BUT REALLY
02:32 - 27.370 WHAT DO YOU KNOW WE DO WITH
02:32 - 29.140 LIFE WITHOUT PAROLE FOR SOMEONE
02:32 - 31.930 UNDER THE AGE OF 18 WHO'S NOT
02:32 - 33.240 EVEN CONVICTED OF MURDER IN THE
02:32 - 33.890 FIRST DEGREE.
02:32 - 36.070 >>IT'S A FAIR QUESTION AND I
02:32 - 37.300 WOULD SAY IT CERTAINLY DOES.
02:32 - 39.660 DIMINISH THE NUMBER OF SORT OF
02:32 - 41.120 CARE YOUR FACE IN FRONT OF
02:32 - 42.780 THEM. BUT IT IS THE LAW.
02:32 - 45.080 THIS IS A LEGAL SENTENCE AND SO
02:32 - 46.460 WHETHER OR NOT WE THINK IT'S A
02:32 - 48.240 GOOD YEAR. YOU KNOW WHETHER
02:32 - 49.540 THERE IS A GREAT PURPOSE OR NOT
02:32 - 50.400 I'M AFRAID.
02:32 - 54.940 SHOWING A PERMANENT
02:32 - 56.620 AFFORDABILITY IT IS AN OPTION
02:32 - 57.620 THE SENTENCING FOR IT AND I
02:32 - 59.400 DON'T BELIEVE THAT AND HE WAS
02:32 - 01.350 IN A POSITION TO TAKE THAT AWAY
02:33 - 03.170 ON THE CURRENT PLANS AND.
02:33 - 05.860 >>A VERY GOOD ANSWER.
02:33 - 08.480 NOT SURE I'M WITH YOU
02:33 - 12.560 ANYONE ELSE.
02:33 - 14.840 OKAY, YES NICHOLS.
02:33 - 19.030 BACK TO
02:33 - 20.720 THE EXPERTS. YOU KNOW DOCTOR
02:33 - 21.360 RUSSELL.
02:33 - 24.230 FOR HIM
02:33 - 26.880 THE INDICATOR OF THE HIGH-RISK
02:33 - 28.860 AGGRESSIVE BEHAVIOR AND THE
02:33 - 30.790 PALIN WAS THE PAST THE AGE OF
02:33 - 32.940 THE 20 YEARS OF INCIDENTS AND
02:33 - 35.030 RIGHT LOOKING AT CRIME ALL OF
02:33 - 36.150 IT. BUT HE WAS
02:33 - 39.120 VERY CLEAR AND IT IS WELL AS A
02:33 - 42.900 DOCTOR. YEAH, YEAH APPELLANTS
02:33 - 44.820 NEXT BIRTHDAY. YOU CAN'T SPEAK
02:33 - 45.990 IN AN SOME MOVES.
02:33 - 47.960 YOU CAN'T SAY THAT HE WILL
02:33 - 49.800 NEVER BE REHABILITATED AS
02:33 - 51.850 NEEDED COMMIT TO REHABILITATION
02:33 - 52.880 A LOT OF HIS.
02:33 - 54.750 REHABILITATION FAILURE WAS
02:33 - 56.100 BECAUSE HE WOULDN'T COMMIT TO
02:33 - 58.430 THE TREATMENT PROGRAM. YOU KNOW
02:33 - 00.230 GET INVOLVED, BUT IF YOU I DID
02:34 - 01.990 DO THAT THAT HE
02:34 - 03.880 COULD BE THE ABILITY THAT
02:34 - 04.970 THAT'S WHAT I GOT OUT OF THE
02:34 - 06.840 NET. DOCTOR RUSSELL WAS
02:34 - 08.500 PRIMARILY BASED HIS CONCLUSION
02:34 - 10.020 ON SOME OF THE MOST
02:34 - 11.280 UNFORTUNATE. YES, CERTAINLY THE
02:34 - 13.700 TRAGIC. I'M ITSELF.
02:34 - 16.320 AS WELL AS BEHAVIOR
02:34 - 18.430 THAT OCCURRED. 20 YEARS.
02:34 - 21.060 INNOCENCE. HE DIDN'T GIVE
02:34 - 22.560 REHABILITATION A CHANCE.
02:34 - 24.340 ALSO DOESN'T THAT OPEN THE
02:34 - 24.970 MORE.
02:34 - 34.760 PUT ON. WITH SHORT IF I MAY.
02:34 - 39.440 WHO DID. BASIN IN HIS
02:34 - 40.450 EXPERT OPINION.
02:34 - 43.060 >>THE DEFENDANT CONTINUE TO
02:34 - 45.780 REFUSE TREATMENT AND THAT ONE
02:34 - 46.730 OUT TREATMENT.
02:34 - 50.650 HIS BEHAVIOR AND ANY FULL KOREA
02:34 - 52.370 REHABILITATION WILL NOT CHANGE.
02:34 - 54.310 SO I THINK HE WILL BE.
02:34 - 57.900 NO HE DID GET PRETTY WELL.
02:35 - 01.840 AND THERE IS THE 60'S ARE
02:35 - 04.080 HYPOTHETICAL MAN MIGHT PUT HIS
02:35 - 05.790 BELIEF ABOUT THIS PERSON.
02:35 - 08.210 BUT HIS REFUSAL TREATMENT WILL
02:35 - 08.940 NOT CHANGE.
02:35 - 12.850 WELL NOT BE REHABILITATED
02:35 - 14.510 UNLESS HE HAS TREATMENT AND
02:35 - 16.710 SO TOGETHER THAT TELLS YOU THAT
02:35 - 18.260 THIS PARTICULAR PERSON AND
02:35 - 22.500 HAS NO DISCERNIBLE LIKELIHOOD
02:35 - 24.020 OF REHABILITATION AND THAT
02:35 - 25.330 THAT'S WHAT SUPPORTS THE
02:35 - 26.530 FINDING A PERMANENT PART
02:35 - 27.620 BUILDING AMONG THE OTHER.
02:35 - 28.310 TO.
02:35 - 31.690 >>IT IS IN THE BEST CASE
02:35 - 32.690 SCENARIO IF IT WAS A
02:35 - 34.840 LOT MORE. FINALLY IT IN TERMS
02:35 - 36.020 OF THE COURT TO BELIEVE THIS
02:35 - 37.620 BUT I AM STRUGGLING WITH THIS
02:35 - 38.350 SEEMS VERY.
02:35 - 43.010 YOU KNOW WHERE
02:35 - 44.800 SOME POINT DOCTOR RUSSELL
02:35 - 46.750 AGREES WITH THE APPELLANT 6.30.
02:35 - 49.980 SO THAT'S WHAT MAKES IT NOT
02:35 - 51.440 WILL. AS PERMANENT
02:35 - 53.050 AND THERE IS SOME LIGHT IN THE
02:35 - 54.750 TUNNEL BUT WE'RE NOT REALLY
02:35 - 56.260 LOOKING AT IS A RELIGIOUS
02:35 - 58.090 PRACTICE IN. YOU KNOW HE IS
02:35 - 59.740 TRYING TO WORK THINGS
02:36 - 01.160 TRYING TO WORK THROUGH SOME
02:36 - 02.970 THINGS WHICH ARE MENTION IN
02:36 - 05.070 PROPER TALKS ABOUT. SO THAT
02:36 - 07.260 PERMANENT IN COURT DOUBLE THIS
02:36 - 09.090 IS THE LAST SHOT IN THE NEWS IS
02:36 - 11.370 THIS IS IT. UNLESS HE GETS
02:36 - 14.100 CLEMENCY YOUR YEAH OR SOMETHING
02:36 - 16.720 LIKE THAT. THAT'S A PRETTY
02:36 - 18.650 HARD FAR BUT WHAT YOU'RE SAYING
02:36 - 19.290 YOU'RE READING THAT
02:36 - 21.870 TO ME EVEN THOUGH THE EXPERTS
02:36 - 24.320 SAID IT'S NOT ABSOLUTE STILL.
02:36 - 28.440 YOU KNOW ON THE PERMANENTLY
02:36 - 28.990 PORTABLE.
02:36 - 39.570 >>IS
02:36 - 41.150 THIS A IN HIS FIRST
02:36 - 43.140 MAJOR REVIEW IS THIS A
02:36 - 44.900 DISCRETIONARY ASPECT, THE
02:36 - 46.790 SENTENCE PERSIST A SUBSTANTIAL
02:36 - 48.140 QUESTION. I THINK
02:36 - 50.510 >>COMPLICATED IN CONGO, SHE
02:36 - 50.820 DID.
02:36 - 56.980 THE
02:36 - 58.400 DEAL WITH WHETHER OR NOT
02:36 - 59.850 SOMEONE CAN BE SUBJECTED TO
02:36 - 00.050 LIFE
02:37 - 02.390 WITHOUT PAROLE, GOES TO THE
02:37 - 03.870 LEGALITY OF THE SUN WHICH MAKES
02:37 - 05.550 IT NOT ESPECIALLY ON THE OTHER
02:37 - 07.740 HAND. THIS COURT HAS
02:37 - 10.260 HELD THAT A WEIGHING OF THESE
02:37 - 11.830 FACTORS, INCLUDING THE FACTORS
02:37 - 13.800 LISTED IN 11 2.1
02:37 - 16.340 AND MILLER. DO RAISE A
02:37 - 18.650 DISCRETIONARY QUESTION SO I'M
02:37 - 19.460 NOT SURE THERE'S A
02:37 - 21.860 AND THE OBVIOUS YOU KNOW YASSER
02:37 - 22.940 MIKEL TO THAT.
02:37 - 26.470 THE BALLOT WAS WHAT THE COURT
02:37 - 27.550 IS BEING ASKED TO LOOK
02:37 - 29.580 AT HERE. 2 IN HIS FIRST YEAR IN
02:37 - 31.000 OFFICE WAS SENSING FROM THEM OR
02:37 - 33.300 NOT TALKING ABOUT WE PUT THE
02:37 - 34.420 ISSUE OF THE PATIENTS WHO ARE
02:37 - 35.430 NOT TALKING ABOUT THE
02:37 - 37.000 CONSTITUTIONALITY.
02:37 - 39.580 THE STATUTE THAT PERMITS THE
02:37 - 42.070 SENTENCE TALKING ABOUT THE WAY.
02:37 - 45.290 ACTORS. THAT THEY SENSE
02:37 - 47.640 THE COURT. HUGHES 22 NEED THE
02:37 - 49.390 LEGAL DETERMINATION AND HARD TO
02:37 - 50.970 BUILD AND I WOULDN'T SAY THAT
02:37 - 53.210 IS VERY INTELLIGENT ANALOGOUS
02:37 - 55.110 IS ME TOO A MORE TRADITIONAL
02:37 - 56.420 DISCRETIONARY SENTENCING PLAN.
02:38 - 01.140 >>OKAY.
02:38 - 08.790 ONE LAST QUESTION FROM
02:38 - 09.820 JENNIFER, YOU KNOW BECAUSE THE
02:38 - 12.400 TIME IS UP. I JUST QUICK
02:38 - 14.230 QUESTION CLARIFICATION WHEN YOU
02:38 - 16.090 REFERRED TO THE FACTORS IS
02:38 - 17.310 BEING DISCRETIONARY.
02:38 - 19.330 >>WOULDN'T IT BE MORE ACCURATE
02:38 - 20.840 TO SAY THAT THE COURTS WEIGH
02:38 - 23.570 THOSE FACTORS GOES AN ABUSE OF
02:38 - 25.830 DISCRETION STANDARD. NOT THAT
02:38 - 26.950 IT'S DISCRETIONARY.
02:38 - 30.420 >>YOU HAVE SOME IDEA. OK THANK
02:38 - 31.190 YOU YOU'RE WELCOME.
02:38 - 39.420 I'M SORRY ONCE
02:38 - 41.050 AGAIN I'M NOT HEARING YOUR.
02:38 - 42.710 >>JACK YOU
02:38 - 44.450 HEAR ME. IN
02:38 - 47.600 FACT A THANK YOU TO THE I'M SO
02:38 - 49.590 SORRY DOWNGRADE YOU I DIDN'T
02:38 - 50.370 WANT TO MISS SOMETHING
02:38 - 50.740 IMPORTANT.
02:38 - 53.080 >>ONE OF THE FEW TIMES ALREADY
02:38 - 54.940 THAT CORRECT ME ON TELEVISION.
02:38 - 56.250 THANK YOU.
02:38 - 58.820 YOU MISTER BOOKMAN I MAKE
02:38 - 01.200 A TRUE REVIVAL PLEASE YEAH, I
02:39 - 02.540 JUST DON'T REPEAT ANY OF YOUR
02:39 - 04.030 INITIAL ARGUMENTS I WILL YOUR
02:39 - 05.560 HONOR AND I WANT TO CRAM A LOT
02:39 - 07.560 INTO THE 60 SECONDS SO LET ME
02:39 - 09.340 JUST GO TO JUDGE BOTH QUESTION
02:39 - 11.020 FIRST. THIS IS NOT
02:39 - 13.920 DISCRETIONARY. WE ARE ARGUING
02:39 - 15.420 THAT THIS IS THE EVIDENCE
02:39 - 17.760 WAS INSUFFICIENT TO MEET THE
02:39 - 19.780 BURDEN OF PROOF. SO THAT'S
02:39 - 22.450 NOT DISCRETIONARY. QUESTION ITS
02:39 - 23.980 LEGALITY QUESTION. SO I THINK I
02:39 - 25.680 MIGHT DISAGREE WITH JUST TO
02:39 - 28.320 BE ON WHEN I DON'T BELIEVE THAT
02:39 - 29.720 THIS IS AN ABUSE OF DISCRETION
02:39 - 30.780 I THINK IT IS IT
02:39 - 34.760 TO VISION C. AND I WANT TO
02:39 - 36.640 DRESS JUDGE BENDERS QUESTION.
02:39 - 39.330 BECAUSE I THINK MONTGOMERY
02:39 - 40.650 VERSUS LOUISIANA REALLY
02:39 - 43.650 DIRECTLY ADDRESSES THEN JUST
02:39 - 45.110 THE JUDGE BENDERS QUESTION
02:39 - 46.810 WHICH IS, HERE'S WHAT JUDGE OF
02:39 - 47.840 WHAT YOU MIGHT
02:39 - 49.930 MONTGOMERY SAYS THAT EXTENDING
02:39 - 51.600 PAROLE ELIGIBILITY JUVENILE
02:39 - 53.280 OFFENDERS. THERE'S NOT IMPOSE
02:39 - 54.250 AN ONEROUS BURDEN ON
02:39 - 55.630 THE STATES. MORE THAN 2
02:39 - 56.760 MOURNERS AT THE START OF THE
02:39 - 58.450 FINALE OF STATE CONVICTIONS
02:39 - 00.070 THOSE PRISONERS WHO HAVE SHOWN
02:40 - 02.080 AN INABILITY TO 4. WE'LL
02:40 - 03.250 CONTINUE TO SERVE LIFE
02:40 - 05.280 SENTENCES AND THE OPPORTUNITY
02:40 - 06.450 POLICE WILL BE IMPORTANT TO
02:40 - 08.240 THOSE WE DEMONSTRATE PROOF OF
02:40 - 10.250 MILLER'S CENTRAL INTO WITH THE
02:40 - 11.660 CHILDREN WHO COMMIT EVEN
02:40 - 13.100 HEINOUS CRIMES ARE CAPABLE OF
02:40 - 15.080 CHANGE. SO I
02:40 - 16.440 THINK MONTGOMERY ADDRESSES
02:40 - 18.260 JUDGE AND HIS QUESTIONNAIRE I
02:40 - 19.820 WANT TO POINT OUT THAT THEN.
02:40 - 22.140 WE HAVE TO BE CAREFUL ABOUT
02:40 - 24.320 BURDEN SHIFTING HERE. WHAT THE
02:40 - 25.540 COMMONWEALTH OR YOU KNOW
02:40 - 28.090 PAGE 39 WAS THERE NO WE'RE NOT
02:40 - 29.280 TURNING YOUR MINUTE IS THAT
02:40 - 30.270 WE'RE NOT TURNING TO THE
02:40 - 33.880 LISTEN IT'S SUCH A PLEASURE
02:40 - 35.140 SITTING ON THIS COURT.
02:40 - 37.210 WHEN YOU HEAR ARGUMENTS LIKE
02:40 - 39.190 THIS I THANK BOTH OF YOU VERY
02:40 - 41.250 VERY MUCH. ALL RIGHT TO THE
02:40 - 41.840 NEXT CASE.
02:40 - 45.230 >>THE NEXT CASE TO BE ARGUED.
02:40 - 48.590 JUDGES JOURNAL HE 0, 1, 0, 0,
02:40 - 49.120 7,
02:40 - 52.060 HIM OVER TO THE LASER SPINE
02:40 - 52.690 INSTITUTE.
02:40 - 56.620 BUT MCBRIDE CAN YOU HEAR IT.
02:41 - 27.320 THANK YOU THANK YOU FOR
02:41 - 29.010 ENABLING YOUR VIDEO. THANK YOU
02:41 - 30.650 MISTER DEANNA FOR ENABLING YOUR
02:41 - 32.170 VIDEO, YOU'RE WALKING IN THE
02:41 - 32.520 AIR.
02:41 - 37.340 >>THANK YOU MISTER MORSI BEFORE
02:41 - 38.820 I CALL ON THIS EQUIPMENT TO DO
02:41 - 41.180 THE SUMMARY. I REALLY HEAR WHAT
02:41 - 42.550 THE RIGHT ARE YOU SPLITTING
02:41 - 43.570 YOUR TIME EVEN WITH.
02:41 - 45.440 >>YES SIR I WOULD LIKE TO
02:41 - 47.240 DO THAT AND I MEAN JUST 2
02:41 - 48.860 MINUTES ON EACH SIDE AND THEN
02:41 - 51.770 FOLLOW YOU AND YOUR ARGUMENT IT
02:41 - 53.210 WILL BE FOLLOWED BY QUESTIONS
02:41 - 54.900 FROM THE JUDGES IN HERE FROM
02:41 - 56.770 HIS BEHALF AND MAY ONLY SERVE
02:41 - 58.420 ONE MINUTE. I'M SORRY, I'M
02:41 - 59.240 SORRY WRONG GUY.
02:41 - 00.800 I KNOW THAT YOU HAVE A
02:42 - 01.970 QUESTION. YES, I WAS JUST
02:42 - 03.230 MISSING, WE RESERVE ONE MINUTE
02:42 - 04.970 HER ABOUT POLICE. IT CERTAINLY
02:42 - 06.590 THAT'S NO PROBLEM. THANK YOU.
02:42 - 09.200 FROM NOW MISTER CLINTON TO A
02:42 - 10.220 REQUEST FOR A SUMMARY.
02:42 - 16.500 >>THE NEXT APPEAL IS ROBERT
02:42 - 17.890 CAMPBELL VERSUS LASER SPINE
02:42 - 19.600 INSTITUTE LLC AT ALL.
02:42 - 22.210 AFTER YEARS OF BACK PAIN HIP,
02:42 - 23.730 KAREN CAMPBELL SIDE WITH THE
02:42 - 25.470 PALINS LASER SPINE INSTITUTE
02:42 - 27.680 LLC THESE FINDINGS TO
02:42 - 29.970 PHILADELPHIA. THEY JUST FINDING
02:42 - 32.430 TO THE PENNSYLVANIA LLC AND
02:42 - 33.410 GLENN RUBENSTEIN
02:42 - 36.450 AND B DOCTOR RUBINSTEIN PERFORM
02:42 - 37.730 SPINE SURGERY ON CAMPBELL AT
02:42 - 38.850 THE LATEST FINDINGS TO ITS
02:42 - 41.280 FACILITY. THE NEXT DAY SHARON
02:42 - 43.240 PASSED AWAY. AN AUTOPSY
02:42 - 44.580 REVEALED EXCESSIVE FLUID IN HER
02:42 - 46.220 LONG ALSO KNOWN AS A PULMONARY
02:42 - 49.840 IN ROBERT ACTING ON HIS OWN
02:42 - 51.340 BEHALF AS REPRESENTATIVE HIS
02:42 - 53.400 WIFE, THE STATE. A COMPLETE
02:42 - 54.380 COMPLAINT AGAINST.
02:42 - 58.090 THE PALINS UNDER THE WATCHFUL
02:42 - 59.350 DEATH AND SURVIVAL THAT.
02:43 - 02.570 A JURY FOUND A TALENT. LIABLE
02:43 - 04.490 IN A PORTION LIABILITY THAT
02:43 - 06.930 65% TO LIVE LATEST FINDINGS TO
02:43 - 09.840 2 AND 35% DOCTOR RUBINSTEIN
02:43 - 11.770 A JURY AWARDED 10 MILLION
02:43 - 12.970 DOLLARS IN DAMAGES AND THE
02:43 - 14.150 WRONGFUL DEATH BACK IN
02:43 - 15.470 ADDITIONAL 10 MILLION DOLLARS
02:43 - 16.370 INTO THE SURVIVAL.
02:43 - 18.330 THE TRIAL COURT DENIED
02:43 - 19.770 APPELLANT POST TRIAL MOTIONS IN
02:43 - 20.460 ALL RESPECTS
02:43 - 22.870 EXCEPT ONE. KELLY'S DID NOT
02:43 - 24.680 OPPOSE HIM JUDGMENT
02:43 - 25.690 NOTWITHSTANDING THE VERDICT
02:43 - 27.420 COMMONLY REFERRED TO AS JANE
02:43 - 29.740 DOE V AND THE SURVIVAL EXPERT
02:43 - 31.430 IN PELLYS FAVOR.
02:43 - 33.310 THE COURT THEREFORE DRAINAGE
02:43 - 35.000 AND WILL BE IN FAVOR OF TALENT.
02:43 - 37.910 IN CONTRAST, THE COURT
02:43 - 39.010 DISAGREED WITH THE PALACE WITH
02:43 - 40.160 THE LATEST FINDINGS TO
02:43 - 42.500 DEFENDANTS. IMPROPERLY NAMED ON
02:43 - 42.930 THE VERDICT.
02:43 - 45.980 THE COURT CONCLUDED THAT COUNTS
02:43 - 47.140 AND WAIT TO CHALLENGE THE
02:43 - 48.840 INSTRUCTIONS FOR THE JURY.
02:43 - 51.350 A SIMILARLY THE COURT
02:43 - 52.550 CONCLUDED ACCOUNTS THAT WAY
02:43 - 53.850 THEY'RE PLAYING A REALLY FUN
02:43 - 55.140 INSTITUTE DEFENDANTS SHOULD NOT
02:43 - 56.030 HAVE BEEN ON THE VERDICT SHE
02:43 - 57.640 DID ALL THEY DID NOT RAISE IT.
02:43 - 59.220 THIS OBJECTION TO THE VERDICT
02:43 - 00.510 SHEET BEFORE PRESENT TO THE
02:44 - 00.870 JURY.
02:44 - 02.970 THE COURT ALSO REJECTED A
02:44 - 03.950 COMPLAINT THAT THEY WERE
02:44 - 05.080 IMPROPERLY LIMITED IN THEIR
02:44 - 06.530 CROSS EXAMINATION OF ROBERT
02:44 - 07.380 CAMPBELL ON THE ISSUE OF A
02:44 - 09.700 PRIOR DIVORCE FOR SURE AS WELL
02:44 - 11.240 THE PROTECTION FROM ABUSE ORDER
02:44 - 13.010 COMMONLY KNOWN AS THE P A BAG.
02:44 - 14.910 SHARON HAS PREVIOUSLY PREPARED
02:44 - 15.270 AGAINST.
02:44 - 18.350 FINALLY THE COURT CONCLUDED
02:44 - 19.320 THAT THE WEIGHT OF THE EVIDENCE
02:44 - 20.170 AT TRIAL SUPPORTED THE
02:44 - 21.610 10 MILLION DOLLAR VERDICT UNDER
02:44 - 22.550 THE WRONGFUL DEATH BETTER
02:44 - 23.680 AND THEREFORE THE APPELLANTS
02:44 - 24.760 WERE NOT ENTITLED TO A NEW
02:44 - 25.720 TRIAL AND EVERYTHING.
02:44 - 28.140 THE PRIMARY ISSUE BEFORE THE
02:44 - 29.600 COURT TODAY, THE WEATHER.
02:44 - 31.110 THE TRIAL COURT ABUSED ITS
02:44 - 32.360 DISCRETION IN DENYING A NEW
02:44 - 33.570 TRIAL AND IMAGES OUT OF THE
02:44 - 35.700 WRONGFUL DEATH BACK. THIS COURT
02:44 - 37.150 MUST ALSO ADDRESS SEVERAL SAID
02:44 - 40.320 VARIOUS ISSUES FOR SECONDARY
02:44 - 41.960 ISSUE IS WHETHER LATEST FIND 2
02:44 - 44.030 DEFENDANTS A PROPERLY NAMED ON
02:44 - 45.680 THE VERDICT SLIP A SECOND.
02:44 - 47.280 BUT THE EVIDENCE AT TRIAL WAS
02:44 - 49.050 SUFFICIENT TO ESTABLISH A PRIMA
02:44 - 50.720 FACIA CASE OF MEDICAL
02:44 - 51.570 MALPRACTICE.
02:44 - 54.220 AND THE COURTS LIMITATION OF
02:44 - 55.680 CROSS EXAMINATION OF ROBERT
02:44 - 57.330 CAMPBELL REGARDING THE PLAY THE
02:44 - 59.350 COURSE UNTIL THEY ACQUIRES A
02:44 - 00.060 NEW TRIAL.
02:45 - 02.130 AND FINALLY FOR THEIR NEW
02:45 - 03.620 TRIALS REQUIRED BECAUSE THE
02:45 - 05.210 JURY PORTION LIABILITY BETWEEN
02:45 - 06.270 THE LASER SPINE INSTITUTE
02:45 - 07.820 DEFENDANTS AND DOCTOR
02:45 - 09.750 RUBENSTEIN WHEN THERE WAS AN
02:45 - 11.200 ALLEGATION OF DIRECT NO
02:45 - 12.410 NEGLIGENCE AGAINST THE LASER
02:45 - 13.780 SPINE INSTITUTE DEFENDANTS.
02:45 - 15.060 LET'S HEAR THE ART.
02:45 - 19.640 >>THIS CLIMATE THAT HE RETURN
02:45 - 20.640 AND THE RIGHT WHO WOULD LIKE TO
02:45 - 21.480 GO FOR YEARS.
02:45 - 23.680 >>I PROCEED YOUR HONOR A
02:45 - 25.850 SAFE PLACE. GOOD AFTERNOON JOHN
02:45 - 27.760 HERE FOR DOCTOR RUBIN PCN WITH
02:45 - 29.850 ME AGAIN IS A PRIDE THESE
02:45 - 32.210 FIND THEM, IRAN IS MISTER
02:45 - 33.550 CLEMENS OBVIOUSLY DID A GREAT
02:45 - 35.020 JOB OF SUMMARIZING CASE AN
02:45 - 36.370 ASSAULT MEANT THAT ONLY BY
02:45 - 38.400 DISCUSSING TO THIS IS REALLY
02:45 - 39.270 THE FIRST TO
02:45 - 41.850 THE TOTAL EXCLUSION OF DOMESTIC
02:45 - 44.100 VIOLENCE AT THE NET WAS SO TOO.
02:45 - 47.150 AND SECONDLY PLACE FAILURE TO
02:45 - 48.680 ESTABLISH A STANDARD OF
02:45 - 50.400 CARE ELEMENT OF A CRIME
02:45 - 51.750 OFFICIAL MEDICAL PRACTICE
02:45 - 56.310 THERE'S THIS CASE IS UNUSUAL
02:45 - 57.850 WITH RESPECT TO THE DOMESTIC
02:45 - 58.670 VIOLENCE. EVANS
02:45 - 01.630 CARS. SO THAT THE IMAGE IN THIS
02:46 - 04.100 CASE WAS LOST OF CANYON SHIFT
02:46 - 04.390 IN
02:46 - 06.260 THE RELATIONSHIP. THIS CASE
02:46 - 07.670 INVOLVED. NONE OF THE TYPICAL
02:46 - 09.080 WRONGFUL DEATH DAMAGES. THE
02:46 - 11.390 COURT SEES MEDICAL EXPENSES
02:46 - 12.150 LOST SERVICES
02:46 - 14.860 SUPPORT CETERA. BUT DESPITE THE
02:46 - 16.280 SOLE FOCUS ON THE NATURE OF THE
02:46 - 17.720 RELATIONSHIP THE JURY NEVER
02:46 - 19.840 LEARN THIS HORRENDOUS DECADE
02:46 - 21.940 LONG HISTORY OF VIOLENCE
02:46 - 24.070 PERPETRATED BY THESE 230 POUND
02:46 - 26.150 PLATE AGAINST A 100 POUND TO
02:46 - 26.760 SEE
02:46 - 29.450 IT DEPENDENT ON PAIN
02:46 - 31.040 MEDICATIONS THAT SHE CAN'T EVEN
02:46 - 32.740 FUNCTION CORRECTLY US ON THAT.
02:46 - 35.270 THE VIOLENCE IS ESTABLISHED IN
02:46 - 36.940 VERY CLEAR IN DETAIL, IOWA,
02:46 - 38.960 JUDICIAL RECORDS. DOCKETS THAT
02:46 - 40.270 WE LIKE TRANSCRIPTS
02:46 - 43.040 UNLIKE OURS SIGNS CERTIFIED BY
02:46 - 44.190 OHIO JUDGES AND COURT
02:46 - 46.150 OFFICIALS. THE VIOLENCE IS
02:46 - 48.220 GRAPHIC THE PLANE IS CONVICTED.
02:46 - 50.720 3 YEARS BEFORE HER DEATH TO THE
02:46 - 51.880 SEAT AND TAKES OUT OF THE
02:46 - 54.260 F ING AFTER A HEARING A JUDGE
02:46 - 55.530 FINDS THE ALLEGATIONS OF
02:46 - 57.640 ALL TAKEN. PLAINTIFF CAN SENSE
02:46 - 59.320 THE CONTINUATION IN FULL FORCE
02:46 - 00.440 AND EFFECT OF
02:47 - 02.640 THAT PSA. LESS THAN 2 YEARS
02:47 - 03.000 BEFORE
02:47 - 05.760 HER DEATH. IT IS C ES DE FORCE
02:47 - 07.190 BASED ON WHAT THE TRIAL JUDGE
02:47 - 07.360 IN
02:47 - 09.170 THIS CASE SAID HIS FILE.
02:47 - 11.000 IT'S THAT IS DEVASTATING TO THE
02:47 - 11.520 PLAINTIFFS
02:47 - 14.440 ADMITS IT ORGANIZING EITHER WAY
02:47 - 16.170 AND IT COMES IN TO THE TAPES.
02:47 - 18.310 I GET THE JURY LEARNED NOTHING
02:47 - 19.930 ABOUT THIS VIOLENCE ONLY THE
02:47 - 21.480 YEAH HE'S IN EFFECT AT THE TIME
02:47 - 23.450 OF THE AND OF
02:47 - 24.960 COURSE HER NOTHING
02:47 - 27.560 ABOUT LAW IS IS IT REALLY JUST
02:47 - 28.960 BECAUSE HE CLAIMS THAT TRIAL
02:47 - 29.350 WOULD BE A
02:47 - 31.730 GREAT GUY. I WAS IN MRS.
02:47 - 32.430 LIFE, IT'S
02:47 - 34.860 BABY DOLL AMAZINGLY CLAIMS THAT
02:47 - 36.810 HE HAS ONLY MORAL PROBLEMS IN
02:47 - 38.610 THE MARRIAGE. A PLAINTIFF IN
02:47 - 41.430 THE TROP OR DOCUMENTS THEY ARE
02:47 - 42.890 CLEARLY AUTHENTIC GIVE THIS UP,
02:47 - 45.170 BUT WE NEVER GOT THERE BECAUSE
02:47 - 47.330 THIS IS 6.11 OF THE RECORD.
02:47 - 49.160 YES, A VERY SIMPLE QUESTION
02:47 - 49.780 UNRELATED TO
02:47 - 51.710 THE DOCTOR. MISTER KIMBALL WHY
02:47 - 53.260 DID YOUR WIFE IF THE EFFECT OF
02:47 - 53.740 JACKSON
02:47 - 55.980 IMMEDIATELY SUSTAIN HE STILL
02:47 - 57.650 TRIES TO ANSWER AND FOR CUTS IN
02:47 - 00.290 LA. SO HE COMPLETELY YOU FACE
02:48 - 01.740 ANY EVIDENCE OF DOMESTIC
02:48 - 03.530 VIOLENCE IN THIS CASE AND
02:48 - 05.140 CLAIMS TO BE A GREAT SHOT THAT
02:48 - 06.890 SUMMIT. YOU REALIZE THAT WE
02:48 - 09.040 CANNOT ALLOW A LITTLE BIT TO
02:48 - 11.590 SANITIZE. WHAT IS
02:48 - 14.170 ABSOLUTELY ATROCIOUS. IF YOU'RE
02:48 - 15.850 IN A RELATIONSHIP AND THEN
02:48 - 17.430 RECOVER 10 MILLION DOLLARS BY
02:48 - 19.280 CLAIMING HE'S A GREAT GUY, THE
02:48 - 20.860 EVIDENCE SHOULD COME IN WITH
02:48 - 22.590 APPROPRIATE LIMITATIONS.
02:48 - 24.580 IN A NEW TRIAL IS REQUIRED
02:48 - 28.030 I VERY BRIEFLY WITH RESPECT TO
02:48 - 29.150 THE STANDARD OF CARE
02:48 - 31.200 JUDGMENT INNOVATE WHEN YOU'RE
02:48 - 32.320 STEERING WAS THAT EACH
02:48 - 34.650 MEDICATION WEEKDAY WAS FOUND IN
02:48 - 36.380 THE SEEDING SYSTEM. YOU KNOW
02:48 - 37.680 PROCREATE REAGAN SOME
02:48 - 39.750 THERAPEUTIC LEVELS. IT WAS THAT
02:48 - 41.440 COMBINATION WHERE THE CENTER
02:48 - 42.940 JUST A MESS THERE EXPERTS BUT
02:48 - 44.680 IT THAT KILLED AT THE SCENE.
02:48 - 47.580 THERE IS NO STANDARD
02:48 - 49.350 OF CARE INDICATED
02:48 - 50.510 WHATSOEVER THEY NEVER
02:48 - 52.210 ESTABLISHED WHAT DOSES YOU'RE
02:48 - 53.830 SUPPOSED TO GIVE PEOPLE BUYING
02:48 - 56.260 THESE MEDICATIONS WE CAN'T FIND
02:48 - 56.540 THEM
02:48 - 58.710 AT ALL ULTIMATELY AGREE THAT
02:48 - 00.490 THE JURY CONSISTENT FIRST AND
02:49 - 02.600 CARE AND MAYBE THAT'S POSSIBLE
02:49 - 03.470 YOUR HONORS IN
02:49 - 05.610 THEORY IS THAT THE DOCTOR
02:49 - 07.350 SHOULD DO SURGERY. THE JURY IN
02:49 - 08.890 FOR THAT NOT DOING IT FOR DOING
02:49 - 10.020 IT'S THE STANDARD OF CARE.
02:49 - 12.690 HERE YOU CAN INFER FROM TOO
02:49 - 14.260 MUCH MEDICATION WRONG
02:49 - 15.890 COMBINATION. WHAT THE RIGHT TO
02:49 - 17.780 LISTEN RIGHT COMBINATION IS
02:49 - 19.750 AND YOU END UP RAISING ABSOLUTE
02:49 - 21.340 PUT OUR STRICT LIABILITY
02:49 - 23.310 THAT JUST CLEARLY HAS NO PLACE
02:49 - 25.860 IN A CASE LIKE THIS AND TOWARD
02:49 - 27.340 THE FALL. SO WE
02:49 - 29.120 ASKED FOR A JUDGMENT ON THE
02:49 - 30.670 U.S. FISH AND SEA OF
02:49 - 32.460 ALTERNATIVE A RETRIAL IN A WAY
02:49 - 34.420 TO GET. THANK YOU THANK YOU TO
02:49 - 35.780 BE HERE. I LET YOU GO LONGER
02:49 - 36.890 BECAUSE NO ONE DID SUBMIT A
02:49 - 38.580 QUESTION FOR THE JUDGE TO VOTE
02:49 - 40.300 JUST AS SOMEBODY WANTS A JUDGE
02:49 - 40.750 TO VOTE.
02:49 - 46.980 >>YOUR
02:49 - 50.220 GOLF FULL DETAILS OF THE
02:49 - 51.480 DOMESTIC VIOLENCE.
02:49 - 55.920 EVEN IF THE TRUMP WAS WRONG
02:49 - 57.760 ABOUT THE DOCUMENTS FIRST OF
02:49 - 59.070 ALL IT'S CLEAR THAT THE JURY
02:49 - 01.620 HEARD. THAT THERE WAS A DIVORCE
02:50 - 03.700 DECREE AND LOOK BACK ON.
02:50 - 05.830 IT DOES SEEM HAD A PSA.
02:50 - 09.470 AND THAT TESTIMONY WAS ALLOWED
02:50 - 11.640 IN. WHAT YOU WITH THAT RECORD
02:50 - 12.920 WOULD NOT ALLOW HIM.
02:50 - 14.770 OUR DOCUMENTS FROM THOSE
02:50 - 16.380 TRADITIONAL PROCEEDINGS.
02:50 - 18.030 IT'S AT I UNDERSTAND THAT
02:50 - 18.540 CORRECTLY.
02:50 - 20.590 >>OR ONE QUESTION BASED ON
02:50 - 21.870 MISTER CAMPBELL'S OWN KNOWLEDGE
02:50 - 22.990 OF WHAT THEY WERE BASED ON
02:50 - 24.790 TRACK WITH RESPECT TO THAT YET.
02:50 - 26.550 I COULDN'T EVEN ASKING WHAT WAS
02:50 - 26.920 BASED.
02:50 - 30.970 >>I ASKED HIM WHAT IT WAS BASED
02:50 - 33.660 ON CITY DIDN'T KNOW THAT'S THE
02:50 - 35.460 MORE SURE ON HE GAVE MULTIPLE
02:50 - 36.620 ANSWERS ABOUT OF COURSE
02:50 - 38.930 THE TSA IS THE FIRST QUESTION
02:50 - 40.440 COUNCIL ASKED HAS NOTHING TO DO
02:50 - 42.240 WITH DOCUMENTS AND IT'S OKAY
02:50 - 44.860 6.11 AND SIMPLY ASK THEM TELL
02:50 - 46.380 US ABOUT THE EVENTS THAT LED TO
02:50 - 46.550 YOUR
02:50 - 48.960 FORMER WIFE, MISS CAMPBELL I AM
02:50 - 49.840 REQUESTING THAT THE
02:50 - 52.850 COURT ENTER IN ORDER TO PROTECT
02:50 - 54.290 YOURS OBJECTION
02:50 - 55.350 IMMEDIATELY SUSTAIN.
02:50 - 57.530 >>HE WAS THERE ANY ATTEMPT TO
02:50 - 00.060 USE THAT TRANSCRIPT TO REFRESH
02:51 - 00.950 HIS RECOLLECTION.
02:51 - 02.770 >>WELL WE COULDN'T RUN OR PUT
02:51 - 04.500 YOUR RIGHT THAT QUESTION IS THE
02:51 - 06.370 FULCRUM HE SAYS I DON'T KNOW
02:51 - 06.610 WHY
02:51 - 08.420 SHE DIED. NOW WE USE THE
02:51 - 10.280 DEPOSITION TO IMPEACH IF HE
02:51 - 12.330 SAYS I DON'T CALL WE USE THE
02:51 - 14.120 DEPOSITION OF PFA TO REFRESH
02:51 - 16.010 RECOLLECTION. BUT THE JUDGE
02:51 - 17.450 SPECIFICALLY TOLD DEFENSE
02:51 - 19.480 COUNSEL NOW THESE DOCUMENTS TO
02:51 - 21.360 YOUR FACE IS TO ASK AND THEN
02:51 - 22.290 WE'LL FIGURE OUT WHETHER YOU
02:51 - 22.740 CAN GET
02:51 - 25.500 YES, SUDDENLY WHEN COUNCILS ON
02:51 - 26.970 ITS FEET IS VERY FIRST
02:51 - 29.010 SUBSTANTIVE QUESTION ABOUT THE
02:51 - 30.630 PFA IS WHAT WAS IT BASED ON AN
02:51 - 31.680 OBJECTION SUSTAINED.
02:51 - 33.140 SO NOW WE DON'T GET ANY ANSWER
02:51 - 34.660 THAT WE NEED TO TEACH FOR A
02:51 - 35.450 FRESH FACE.
02:51 - 36.460 OKAY.
02:51 - 38.210 >>AND SINCE NO ONE ELSE IS JUST
02:51 - 39.790 A QUESTION OF ALL IT'S OK.
02:51 - 43.050 WE DO HAVE ANOTHER
02:51 - 45.840 WE'VE GOT MOVING
02:51 - 48.710 BECAUSE IT RIGHT COME BACK.
02:51 - 49.660 THERE'S ACTUALLY CLINCH THE
02:51 - 50.000 DEAL.
02:51 - 53.770 QUICK
02:51 - 55.600 QUESTION CLARIFICATION YOU
02:51 - 56.640 MENTIONED THAT THERE WAS NEVER
02:51 - 57.760 ANY EVIDENCE REGARDING THE
02:51 - 59.340 STANDARD OF CARE REGARDING THE
02:51 - 01.080 DOSING OF THESE MEDICATIONS.
02:52 - 03.220 >>BUT WASN'T THE THEORY THAT IS
02:52 - 04.410 THE INTERACTION
02:52 - 06.770 BETWEEN THESE VARIOUS DRUG SIDE
02:52 - 08.250 THAT WERE GIVEN IN HER SYSTEM
02:52 - 11.820 YOU KNOW A BLUR ON THE ISSUE OF
02:52 - 12.560 CAUSATION.
02:52 - 15.060 >>THAT'S CORRECT YOUR HONOR THE
02:52 - 16.610 RE THAT THE DRUGS WERE FOUND IN
02:52 - 16.740 THE
02:52 - 19.080 APPROPRIATE DOSES, BUT IT WAS
02:52 - 20.630 THIS EMERGES AND THAT THERE'S
02:52 - 22.350 NO STANDARD OF CARE. YES TO
02:52 - 23.820 MODI THAT YOU CAN'T GIVE THESE
02:52 - 25.180 DRUGS IN COMBINATION OR IF
02:52 - 26.370 YOU'RE GOING TO HAVE TO GIVE
02:52 - 28.390 THEM IN LOWER DOSES EACH DAY
02:52 - 29.850 WHILE THAT WAS MY QUESTION WHY
02:52 - 31.440 ARE YOU PICKING WOULD BE THAT
02:52 - 33.270 THE COMBINATION OF THESE DRUGS
02:52 - 35.460 IS WHAT CAUSED YOU KNOW LAW.
02:52 - 37.400 >>HER TOO YOU KNOW
02:52 - 39.450 TO DIE. NOT THAT THIS WAS
02:52 - 40.960 STANDARD OF CARE IN TERMS OF
02:52 - 42.070 WHAT THE DAY SHOULD BE.
02:52 - 45.130 >>THIS PIECE EMERGES IN THIS
02:52 - 47.120 HIGH STATION. THEY STILL HAVE
02:52 - 48.450 TO ESTABLISH THAT IF YOU'RE
02:52 - 49.810 GOING TO GIVE THESE DRUGS YOU
02:52 - 51.130 HAVE TO LOWER THE DOSE IS
02:52 - 52.980 BECAUSE YOU CAN ARRIVE. SO
02:52 - 53.770 THEY DO.
02:52 - 55.420 >>THESE PHOTOS IT DOES BEAR
02:52 - 57.870 UPON INTERACTION THAT'S GREAT
02:52 - 00.610 BECAUSE OKAY. YES AND PLEASE
02:53 - 01.930 EXPERTS JUST TO SORT OF CLOSE
02:53 - 03.260 THAT POINT GRIER SAID WE GAVE
02:53 - 04.700 THE LAW SHOREY ASIAN FOR
02:53 - 06.080 INSTANCE OF SO A
02:53 - 08.440 LOT OF BUT HE NEVER ESTABLISHED
02:53 - 09.980 WHAT SHOULD HAVE GIVEN PLACE
02:53 - 10.700 COUNCIL EVEN
02:53 - 12.580 PRESSED HIM TO TRY TO GIVE A
02:53 - 13.710 STANDARD HE SAID IT DEPENDS ON
02:53 - 14.840 THE PATIENT WHICH IS NOT US.
02:53 - 18.620 JUDGE NICHOLS YOUR QUESTIONS TO
02:53 - 19.230 HIS LAWYER.
02:53 - 24.260 >>LOOKING LOOKING AT THE
02:53 - 27.790 BUT ENDURE ARE YOU TODAY ABOUT
02:53 - 29.150 THE CREWS IN A DOMESTIC
02:53 - 30.790 VIOLENCE INCIDENT. ACTUALLY
02:53 - 32.010 WHAT I'M EATING REPORT YOUR
02:53 - 33.980 THEORY IS ACTUALLY DID THAT
02:53 - 35.280 MISTER KIMBALL STRANGLE HIS
02:53 - 37.630 WIFE READ AND ACTION KILLED
02:53 - 39.860 A RUNNER THAT WAS A
02:53 - 41.640 THEORY IN THE CASE WE HAVE NOT
02:53 - 42.980 PURSUED AN APPEAL THERE WAS
02:53 - 44.460 SUBSTANTIAL EVIDENCE.
02:53 - 46.640 >>ABOUT SUSPICIOUS BEHAVIOR BUT
02:53 - 48.710 THE QUESTION HERE IS SIMPLY IF
02:53 - 49.490 YOU CLAIM,
02:53 - 51.560 AS YOUR SOLE DAMAGE CLAIM THAT
02:53 - 54.210 LOST THE LOVE OF YOUR LIFE AND
02:53 - 55.400 HE LEFT THIS HORRENDOUS
02:53 - 56.910 HISTORY OF DOMESTIC VIOLENCE.
02:53 - 58.170 WE SHOULD BE A LITTLE MORE AND
02:53 - 59.050 GET HIM TO THE NIGHT.
02:54 - 01.430 THERE'S NO QUESTION THAT WAS
02:54 - 03.630 ALLOWED BY SO EVEN THOUGH SOME
02:54 - 03.840 OF THE
02:54 - 04.830 EVIDENCE CAYENNE.
02:54 - 06.510 >>IT SEEMS YOU WANTED TO GO
02:54 - 07.600 FURTHER INTO QUESTION THAT'S
02:54 - 08.840 WHAT YOU'RE SAYING WE KNOW THE
02:54 - 10.830 PFA TAX DOCUMENTS
02:54 - 12.780 IN GETTING. BUT THE JURY HEARD
02:54 - 14.180 ABOUT THE PFA THEY HEARD ABOUT
02:54 - 16.250 SOME LEVEL OF MARITAL HEARD
02:54 - 19.040 ABOUT 20 12 A DIVORCE DECREE
02:54 - 20.500 KNOW THEY DIDN'T SEE IT WHEN
02:54 - 21.500 YOU SEE A DOCTOR.
02:54 - 23.270 YET TO BE CLEAR YOU'RE RIGHT.
02:54 - 24.890 THEY ARE LEARNED IT'S 0,
02:54 - 26.520 5 DOMESTIC VIOLENCE AND NEVER
02:54 - 28.430 LEARN WHY THE PFA WAS ENTERED
02:54 - 29.770 AND HE DENIED WHY DID THE
02:54 - 30.610 RESOURCE CENTER.
02:54 - 31.990 >>SO THEN THIS WAS COVERED IN
02:54 - 33.100 THIS DEPOSITION HERE
02:54 - 35.540 IN SEARCH. SO COUNCIL THEN SAYS
02:54 - 36.760 JUST BY SHOWING THAT THE FORCE
02:54 - 37.960 TO CRITICISM TO ISSUE
02:54 - 40.090 AN ORDER THAT SPECIFICALLY SAYS
02:54 - 41.710 HE'S GUILTY OF CRUELTY
02:54 - 43.520 AND IMMEDIATELY THE JUDGE SAYS
02:54 - 44.850 NO YOU CAN'T SHOW IT TO ANNEX
02:54 - 45.190 THE END.
02:54 - 46.610 >>FINALLY GOVERNOR RUNNING OUT
02:54 - 48.850 OF TIME IN TERMS OF JENNA BEING
02:54 - 49.950 THAT YOU'RE ASKING US.
02:54 - 53.500 >>TO TO BURST INTO THE TROPICS
02:54 - 55.850 DETERMINATION THE DEFICIENCY.
02:54 - 57.420 >>BUT THE TRIAL COURT SAYS THAT
02:54 - 59.320 WAY AND YOU RESPONDED EVIDENCE
02:54 - 00.850 IN THE TRIAL COURT SAYS THERE
02:55 - 02.180 WAS NO DIRECT VERY MOTION.
02:55 - 03.460 I KNOW THEM SOMETHING ABOUT A
02:55 - 05.940 NON SUIT. OCEAN BUT IT DIDN'T
02:55 - 08.160 AND TAKE ALL THE ELEMENTS THE
02:55 - 10.870 CHARM FOR US NOW. YES, YES,
02:55 - 12.280 YOUR HONOR WE SUBMITTED 3
02:55 - 13.990 FINDING POINTS FOR CHARGE A
02:55 - 15.850 TRADITIONAL A QUARTER WEST, A
02:55 - 17.620 DIRECTED VERDICT AND WITH THE
02:55 - 19.570 JUDGE SAYS HE DIDN'T WANT IT
02:55 - 21.420 WENT. WHAT THE JUDGE WITH
02:55 - 23.570 RESPECT MRS. THE CONTEST.
02:55 - 24.740 WE FOUND THESE POINTS FOR
02:55 - 25.670 CHARGE AT THE CHARTS
02:55 - 26.280 CONFERENCE. THE
02:55 - 28.390 JUDGE SAYS THE UPCOMING SELLER
02:55 - 30.000 JACKET YOU DISAGREE WITH YOUR
02:55 - 30.580 OPPONENTS
02:55 - 33.030 PROPOSED POINTS. ALSO CHECK
02:55 - 34.970 STORE FIRST 3 CHARGES WHICH ARE
02:55 - 36.970 STANDARD NON-STANDARD DIRECTED
02:55 - 38.650 HER TO CHARGES. THE JUDGE SAYS
02:55 - 40.320 I DON'T DO THAT I DON'T GIVE
02:55 - 41.880 NON-STANDARD CHARGES. I USUALLY
02:55 - 43.590 DON'T GET THEM. IMPLANTS NESTLE
02:55 - 45.140 SAYS WERE GOOD AND MOVES ON.
02:55 - 48.060 IN CONTEXT THAT'S A LITTLE BUT
02:55 - 50.370 EVEN PUTTING ASIDE TWICE IN THE
02:55 - 52.270 LAST 2 YEARS THIS FOR HIS SAID
02:55 - 53.020 THEY WILL
02:55 - 54.740 CONSIDER ITCHING AND YOU'RE
02:55 - 56.570 EVEN WITHOUT A DIRECT REPORT
02:55 - 58.210 THAT SO LONG AS THE TRIAL JUDGE
02:55 - 00.230 BUT REST THE ISSUE OF AMERICANS
02:56 - 01.170 IN HERE THE JOINT
02:56 - 02.770 STATES, NO, THE DIRECTED
02:56 - 04.710 VERDICT IN FAIRNESS WAS WANT
02:56 - 05.980 EVERYBODY UNDERSTOOD THAT THE
02:56 - 07.180 JUDGE SAID I DON'T ONLY GIVE
02:56 - 08.460 THOSE THAT THAT WAS A RULING
02:56 - 10.170 EVEN IF IT WASN'T FOR HONORS
02:56 - 12.020 AND OVER AND WE BELIEVE THE
02:56 - 13.420 EVIDENCE PLANE ANYWAY, WHICH IS
02:56 - 15.030 NOT FUN ON THE DIRECT.
02:56 - 20.840 >>THAT THE RIVAL READY TO HEAR
02:56 - 21.200 FROM YOU.
02:56 - 23.830 >>THESE THE
02:56 - 25.490 CORE MORNING RIGHT AFTER THE 3
02:56 - 27.420 LASER SPINE
02:56 - 29.920 INSTITUTE DEFENDANTS. HERE I
02:56 - 32.660 WANT TO JUST 2 POINTS RELATED
02:56 - 33.510 TO THE WRONGFUL DEATH.
02:56 - 35.820 VERDICT AND THE SECOND RELEASED
02:56 - 37.250 TO THE VERDICT AGAINST LATER
02:56 - 40.400 TO 2. BUT YOU SAY TO THE
02:56 - 42.030 WRONGFUL DEATH. A WAR.
02:56 - 44.700 YEAH, IT IS, BUT IT IS EXCESS
02:56 - 47.300 OF 10 MILLION DOLLAR AWARD.
02:56 - 49.420 IN CIRCUMSTANCES WHERE THERE
02:56 - 51.120 WERE NO LOST WAGES, NO PUNITIVE
02:56 - 52.720 DAMAGES, NO NO PAIN AND
02:56 - 53.200 SUFFERING.
02:56 - 55.510 THERE'S ALSO EVIDENCE IN THE
02:56 - 57.290 RECORD THAT MS. CAMPBELL WAS SO
02:56 - 59.370 DEBILITATED BY THAT HE MEANT
02:56 - 00.900 SHE COULDN'T DO BEFORE MANY
02:57 - 01.790 SERVICES AROUND
02:57 - 03.870 THE HOUSE. SO THERE'S NO WAY IN
02:57 - 05.700 ANY ECONOMIC LOSS RELATED TO
02:57 - 07.360 ANYTHING THAT SHE DID. THIS
02:57 - 09.830 ENTIRE 10 MILLION DOLLARS IS
02:57 - 11.640 INTENDED TO COMPENSATE MISTER
02:57 - 13.830 KIM. FOR THAT SO YOU
02:57 - 16.240 CAN SHIP. BUT THERE'S NO RECORD
02:57 - 17.580 EVIDENCE TO SUPPORT CAN
02:57 - 20.180 MILLION-DOLLAR PAINTING IN FACT
02:57 - 21.430 THERE'S VERY LITTLE EVIDENCE
02:57 - 22.330 THAT THE CANDLES
02:57 - 24.610 DID TOGETHER. IT APPEARS THAT
02:57 - 27.110 IT IS 6 '02 OR NO 3 OF THE
02:57 - 29.460 REPRODUCE RECORD. THAT THEY
02:57 - 31.010 VISITED THEIR GRANDCHILDREN TO
02:57 - 32.660 PLAY WITH THE GRANDCHILDREN AND
02:57 - 34.760 THEY SANG SONGS WHICH HE SAID
02:57 - 37.170 IT NEEDED, I'VE NOT BEEN FOR A
02:57 - 38.640 WHILE BECAUSE REMEMBER THE LAST
02:57 - 41.410 TIME THAT IT IS IS ALWAYS ON
02:57 - 42.370 THE RECORD LOSSES.
02:57 - 44.510 ANY CHANCE AND AS MISTER HERE
02:57 - 46.600 SAY IT IS TAKE THE EVIDENCE AND
02:57 - 48.110 IN THE NAME THAT SHOULD HAVE
02:57 - 50.910 WITH RESPECT TO THE TSA AND THE
02:57 - 51.600 DIVORCE.
02:57 - 53.860 AND YOU RECOGNIZE THAT IF THE
02:57 - 54.950 JURY HAD HEARD ANY
02:57 - 56.760 OF THAT IT CLEARLY WOULD NOT
02:57 - 58.390 HAVE RETURNED OR 10 MILLION
02:57 - 59.690 DOLLARS AND THAT MAKES THAT.
02:57 - 01.470 IT'S LOOKING GOOD AND SO
02:58 - 02.180 PREJUDICIAL.
02:58 - 04.740 I MAKE TONIGHT MONDAY MISTER
02:58 - 06.310 KIMBALL ENTITLED TO SOME FORM
02:58 - 07.850 OF EMOTIONAL DISTRESS OR READ
02:58 - 09.440 EVERYTHING IS BUT IT'S BEEN A
02:58 - 11.280 LONG LIST COMMONWEALTH 450
02:58 - 12.500 YEARS SINCE THE BEGINNING OF
02:58 - 13.680 THE WRONGFUL DEATH STATUTE.
02:58 - 16.510 THE PLAN IS NOT THE SOLUTION
02:58 - 18.450 DAMAGES OR GREET THEM IT MUST
02:58 - 20.620 BE BASED ON EVIDENCE AND
02:58 - 21.290 MICHAEL CASE
02:58 - 23.580 BETWEEN JUST OUR SUPPLEMENTAL
02:58 - 25.050 GREECE MAKES IT CLEAR THAT
02:58 - 28.310 PLANE JURY CAN'T PRESUME THE
02:58 - 28.960 VALUE OF IT
02:58 - 30.700 RELATIONSHIP. IT MUST HAVE
02:58 - 32.880 EVIDENCE IN AN AGREEABLE CASE,
02:58 - 36.060 BUT IT ALSO SAYS THAT WE'RE ON
02:58 - 37.660 TO THE ISSUE OF LASER SPINE
02:58 - 39.130 INSTITUTE, INDIRECTLY ABILITY.
02:58 - 42.650 A SLICK CONDITIONS. THIS IS IN
02:58 - 44.270 A SUFFICIENCY OF THE EVIDENCE
02:58 - 45.750 ARGUMENT IN A WAY TO THE END IN
02:58 - 47.560 SIGHT BECAUSE THE
02:58 - 49.630 PLANE HIT. BUT IT CAME AGAINST
02:58 - 51.510 LASER SCIENCE TO THIS REPORT
02:58 - 52.010 OFFENDED.
02:58 - 54.520 WE WILL NOT STUDENT SAID
02:58 - 56.420 THERE'S NO BASIS FOR ANY CLAIM
02:58 - 57.860 AGAINST THE MONEY TO GET SOME
02:58 - 59.460 THAT WAS A POLL BY PLANET
02:58 - 00.730 TONIGHT, BUT THE TRIAL COURT
02:59 - 03.970 LOOK FOR AND I HEARD IT.
02:59 - 04.590 THAT WAS
02:59 - 06.080 ALSO CLOSE THAT'S WHEN THEY
02:59 - 07.160 WERE ON THE VERDICT SLIP
02:59 - 08.940 BECAUSE WE CONCEDED LIABILITY
02:59 - 10.880 ON THEIR BEHALF BUT BECAUSE THE
02:59 - 11.780 PLAN WOULD NOT
02:59 - 14.860 CASE PLANET FITNESS NOW THAT
02:59 - 16.420 THERE IS NO DIRECT LIABILITY
02:59 - 17.400 AND THAT THEY COULD
02:59 - 18.970 THERE'S NO CORPORATE NAME IS
02:59 - 20.670 EXPERT WHO HAS EVER PRESENTED
02:59 - 22.590 ITS LATEST PLAN IS TO 3
02:59 - 23.170 DEFENDANTS.
02:59 - 25.630 THE ONLY THING THEY HAVE NOW
02:59 - 27.230 IS SAFE TO SAY NOW THAT ITS
02:59 - 29.110 DONORS CURRENT CONDUCT AND THAT
02:59 - 32.520 THAT JUSTIFIES 65% ALLOCATION
02:59 - 36.670 A DOCTOR. BUT THERE'S NO
02:59 - 37.920 EVIDENCE AGAINST THEIR CREDIT.
02:59 - 39.420 AND YOU WON'T FIND IT ANYWHERE
02:59 - 41.000 IN THE BREEZE. THERE'S NO TO
02:59 - 42.900 JUST GET MARRIED. HE'S NOT HE'S
02:59 - 44.020 NOT EVEN MENTIONED IN THE
02:59 - 45.790 COMPLAINT AND THERE'S PRESSURE
02:59 - 47.150 ON THEM WHICH THEY FELT READY
02:59 - 48.660 BEFORE TRIAL SAYS THE PERIOD
02:59 - 50.820 BEGINS DOCTOR RUBINSTEIN AND
02:59 - 52.090 LATER SCIENCE TO DO.
02:59 - 53.960 THEY ALSO DO NOT PRESENT A
02:59 - 55.520 NURSING EXPERT AGAINST THEIR
02:59 - 57.150 FRIENDS. THERE'S NO BASIS TO
02:59 - 59.190 SPREAD ANY LIABILITY TO LEAVE
02:59 - 59.300 YOUR
02:59 - 02.480 SPINE INSTITUTE. BY SUSPICION
03:00 - 03.320 AS IT SHOULD BE
03:00 - 05.580 VACATED OR IT GIVES THE WEIGHT
03:00 - 06.960 OF THE EVIDENCE IN THE NEW
03:00 - 07.400 TRAFFIC,
03:00 - 13.570 THE GRANT GET JUDGED ABOUT.
03:00 - 19.760 >>JUST SAY YES PROCEED TO
03:00 - 22.310 A QUESTION. I DID ALL IT IS A
03:00 - 24.230 SIGH OR ANY THE ENTITIES IN
03:00 - 25.030 BANKRUPTCY.
03:00 - 27.900 >>YES, YOUR HONOR WELL THE
03:00 - 28.620 BANKRUPTCY
03:00 - 31.340 IN FLORIDA. AND I'M NOT EXACTLY
03:00 - 32.690 SURE WHAT THE CURRENT STATUS OF
03:00 - 33.940 THAT IS THAT ANOTHER THAT
03:00 - 35.180 VIOLENCE HAS TAKEN PLACE.
03:00 - 37.500 >>WE HEAR THIS
03:00 - 40.070 YEAH JUST A INTERSTATE
03:00 - 41.630 BANKRUPTCY. THERE'S NO THERE'S
03:00 - 44.180 NO FEDERAL AND HE SAID YES.
03:00 - 45.150 ALL RIGHT.
03:00 - 52.970 >>COUNCIL YOU'VE ALL MADE THE
03:00 - 55.610 ARGUMENT THE PENNSYLVANIA TO
03:00 - 57.290 ALLOW FOR GRIEF DAMAGES.
03:00 - 00.030 WE ALL THAT PITCH TODAY ALLOWS
03:01 - 01.790 FOR LOSS OF COMPANIONSHIP
03:01 - 04.240 AND SERVICES AND YOU STAYING
03:01 - 05.560 JUST ENGLISH BETWEEN SONGS
03:01 - 07.740 TESTIMONY, A LOSS OF ALL US
03:01 - 09.960 PASSES COMPANIONSHIP AND GREAT.
03:01 - 11.320 >>THEY
03:01 - 14.250 ARE AGAIN. 150 YEARS AND I
03:01 - 15.440 THINK HE'S LOST AND
03:01 - 17.680 EVEN ON WORD SAYS NO REAL
03:01 - 18.960 DAMAGE IS IN PENNSYLVANIA.
03:01 - 20.530 SO WE START WITH THAT PREMISE.
03:01 - 22.710 TO ANSWER YOUR QUESTION WAS OF
03:01 - 24.570 COMPANIONSHIP IS IN FOR FIRES
03:01 - 26.060 IT INTO WHAT THEY DID TOGETHER
03:01 - 27.550 IN THE MICHAEL CASE BETWEEN
03:01 - 30.010 JUST 3. THERE IS EVIDENCE SAID
03:01 - 32.810 THE A COUPLE IN THEIR 30 YEARS
03:01 - 34.470 THEY TRAVELED TOGETHER SAY HE
03:01 - 35.870 DROVE HER TO WORK IN A FUN AND
03:01 - 37.540 WHETHER THEY INTENDED TO BUILD
03:01 - 39.360 A LOT OF BAD WEATHER. THERE'S A
03:01 - 40.790 LOT OF EVIDENCE ABOUT WHAT THEY
03:01 - 42.930 DID. IN THIS CASE THERE IS
03:01 - 44.790 ALMOST NO EVIDENCE ABOUT WHAT
03:01 - 46.130 THEY DID NOTHING ABOUT
03:01 - 47.800 THEIR LIVES. YOU KNOW MISTER
03:01 - 48.910 KIMBALL SAID THAT SHE COULDN'T
03:01 - 50.260 PERFORM TESTS AROUND THE HOUSE,
03:01 - 51.490 BUT WE DON'T KNOW WHAT THEY
03:01 - 54.650 DID TOGETHER. TO THE JURY IN
03:01 - 56.220 THE LONG SOME DAMAGE ON
03:01 - 56.880 WRONGFUL DEATH.
03:01 - 59.290 >>THE JURY ORIGINALLY HAD 46
03:01 - 00.860 PRESSURE DOWN AND PUT 10.
03:02 - 03.970 YES DID NOT DID NOT
03:02 - 06.960 SEPARATE BUT THE JURY DID NOT
03:02 - 08.360 SEPARATE AMONGST THE WRONGFUL
03:02 - 09.740 DEATH BENEFICIARIES.
03:02 - 12.100 CORRECT IT WAS JUST MISTER
03:02 - 12.770 KIMBALL IS
03:02 - 15.010 THERE WAS ALSO TESTIMONY I READ
03:02 - 16.230 IN THE BRIEFS ABOUT YOU KNOW
03:02 - 17.610 THE THE SCREAMING ON A DAILY
03:02 - 19.340 BASIS FOR YEARS OF BRINGING THE
03:02 - 21.090 FLOWERS. WHILE WHILE YOU KNOW
03:02 - 22.780 ALL ALL OF THAT STUFF HOW DO
03:02 - 24.880 YOU DISCOUNT THAT HE SHOULD BE
03:02 - 26.220 OTHER BENEFICIARIES
03:02 - 28.200 WHEN YOU HAVE JUST A LUMP SUM
03:02 - 29.470 FOR IT DOESN'T DISTINGUISH
03:02 - 30.070 BETWEEN ANY
03:02 - 32.090 OF THEM WHO'D YOU RATHER KNOW
03:02 - 33.140 THEIR BENEFICIARIES MISTER
03:02 - 35.110 KIMBALL IS THE ONLY BENEFICIARY
03:02 - 36.930 HERE AND SO HE'S ORDERED THE
03:02 - 38.520 ENTIRE 10 MILLION DOLLARS.
03:02 - 41.020 >>TESTIMONY ABOUT HER FATHER.
03:02 - 43.870 NOBODY ELSE IS A BENEFICIARY OF
03:02 - 46.520 MISTER THEM UP AND ANY WITH
03:02 - 48.590 RESPECT TO WHAT AND AFTER THE
03:02 - 49.790 SECOND IS VISITS TO THE
03:02 - 50.650 CEMETERY, THOSE
03:02 - 51.840 ARE ALL THINGS THAT HAPPENED
03:02 - 54.040 AFTER SHE DIES ARE NOT EVIDENCE
03:02 - 55.820 OF WHAT THEY DID TOGETHER WAS
03:02 - 56.140 LOSS
03:02 - 57.730 OF COMPANIONSHIP AND MAKE
03:02 - 00.290 MICHAEL AGAIN TO BOTH RESPECT
03:03 - 01.020 MC
03:03 - 03.350 NON-ECONOMIC DAMAGES. YOU NEED
03:03 - 04.910 EVIDENCE TO SUPPORT IT YOU
03:03 - 06.700 CAN'T PRESUME TO TELL YOU AND
03:03 - 08.300 YOU CAN'T JUST ALTHOUGH IF
03:03 - 08.650 YOU'RE A
03:03 - 11.360 TO DECIDE WHY MARRIAGE IS
03:03 - 12.750 PARTICULARLY IN A CASE LIKE
03:03 - 14.380 THIS BUT WE KNOW THAT THE
03:03 - 15.020 MARRIAGE WAS
03:03 - 17.510 PROBABLY IT. DOMESTIC ABUSE,
03:03 - 20.700 YOU QUESTION THAT LOSS OF
03:03 - 22.880 COMPANIONSHIP HANDS AT THE TIME
03:03 - 23.340 OF DEATH.
03:03 - 24.480 >>AND DOES NOT.
03:03 - 28.510 AND TO CONSIDERING I YOU KNOW
03:03 - 30.410 THE SPOUSES AFTER
03:03 - 31.020 THAT TIME.
03:03 - 32.700 >>I THINK WHAT WHAT YOU HAVE TO
03:03 - 34.300 FOCUS ON IS THE COMPANIONSHIP
03:03 - 35.830 AND HE HAS TO PROVE THAT THERE
03:03 - 37.950 WAS THE BASIS FOR COMPANIONSHIP
03:03 - 40.320 AND AGAIN THIS COUPLE HAD A
03:03 - 42.430 VERY STORMY RELATIONSHIP THEY
03:03 - 43.600 HAD BEEN FORCED.
03:03 - 46.820 RICK MARY. SHE HAD PFA KNOW
03:03 - 48.340 THEY'RE STILL IN PLACE AT THE
03:03 - 51.040 TIME. I THAT REQUIRE HIM
03:03 - 53.210 TO STAY A 100 FEET AWAY FROM
03:03 - 54.030 HER AND IT
03:03 - 56.400 IS NO BASES FOR A JURY TO
03:03 - 57.460 CONCLUDE THAT FAVOR
03:03 - 59.490 OF THAT. THERE WAS CONTENTION,
03:03 - 00.870 BUT YOU NEED SOME JUMPING OFF
03:04 - 02.380 POINT YOU NEED THE EVIDENCE I
03:04 - 04.000 WISH THIS LOSS OF COMPANIONSHIP
03:04 - 06.130 CAN BE BASED BECAUSE HE FEELS
03:04 - 08.310 AFTER THE FACT IS NOT AND THAT
03:04 - 09.810 IS WHAT THEY DID TOGETHER.
03:04 - 12.500 AND.
03:04 - 13.850 >>ALL RIGHT WITH THAT WE'RE
03:04 - 15.350 READY TO GO TO THE APPLE II
03:04 - 17.080 WITH THE IDEA FOR YOU GREAT
03:04 - 18.840 AGAIN. I DON'T KNOW.
03:04 - 21.190 >>DAVID YEAH, NOT THE BE-ALL
03:04 - 23.100 FOR WHO PLAYED A KEY ROLE IN
03:04 - 23.320 MORE.
03:04 - 25.850 AND THEY DID IT AGAIN BY
03:04 - 28.200 DEFENSE COUNSEL NOT WHERE WE'RE
03:04 - 28.980 AT WITH IT.
03:04 - 32.330 THE ARGUMENT I AM GOING TO BE
03:04 - 32.540 ABLE
03:04 - 33.070 TO CORRECT.
03:04 - 37.960 >>MADE AND THAT WE KNOW I
03:04 - 40.310 PREPARE TO BE VERY CAREFUL AND
03:04 - 41.570 DETAIL IN THE GREEN.
03:04 - 44.180 HE FELL IN THE BACK TO GO ALL
03:04 - 46.750 A LARGE. IF THERE ARE ON THE
03:04 - 48.190 MARKET BUT NONE OF THEM ALL.
03:04 - 50.480 BUT ALSO DON'T NEARLY ALL THOSE
03:04 - 53.320 ARE GOING AWAY FOREVER. WHEN
03:04 - 53.790 YOU PUT
03:04 - 00.310 TRIAL. ONLY WHEN THEY TEAMED UP
03:05 - 03.570 WITH ONLY ONE. IT'S NEWARK.
03:05 - 06.870 AND MORE THAN ANYTHING.
03:05 - 10.820 ON ON OVERALL WAIVER OF
03:05 - 13.060 ANY CLAIM FOR DAN AND THE
03:05 - 15.490 FUNDAMENTAL POINT. I WAS NO
03:05 - 17.150 INTENTION TO DEATH AND EVEN
03:05 - 18.800 GENERAL. AND ANY KIND
03:05 - 20.910 OF TRIAL. ANY DEFICIENCY IN
03:05 - 22.890 PLAIN UNDERLINE WHO MAYBE YOU
03:05 - 23.780 CAN CALL THE IN
03:05 - 26.460 AND THE MEDICAL PROVIDER AT NO
03:05 - 28.790 5 A LOCAL DOCTOR RUBIN FINER
03:05 - 31.080 CORRECT AND IT WAS RIGHT HERE.
03:05 - 33.420 NO CHALLENGE OF
03:05 - 35.120 ANY MORE. A FAN.
03:05 - 39.780 WHAT WHAT I NEED TO CLARIFY
03:05 - 40.030 THAT.
03:05 - 43.380 THIS ALSO AFFECTS THE WAY YOU
03:05 - 43.510 HAVE
03:05 - 46.310 IN PLACE. A NEW QUESTIONS ABOUT
03:05 - 47.430 THE EFFICIENCY OF EVIDENCE
03:05 - 49.290 BEHIND A CRIME THEY SEE IT.
03:05 - 51.520 I'M A YES OR NO.
03:05 - 53.920 ALL THIS IN COURT STAFF HAS
03:05 - 55.730 MADE CLEAR IN THIS COURT ON THE
03:05 - 59.980 NEARLY CALLING SOMETHING A OWN
03:05 - 01.270 WEIGHT OF THE OTHER PLANE.
03:06 - 03.640 NOT A WAIVER. IT'S A
03:06 - 05.140 CHALLENGING DECISION TO THE
03:06 - 06.850 OTHER. WELL IT'S GOING TO FIND
03:06 - 08.390 A FACE TO FACE ALL OF THOSE
03:06 - 10.480 PLANES. ON OUR WAY
03:06 - 13.220 WHETHER THERE AND BE AWARE OF
03:06 - 16.570 THE OTHERS. I PLAN ON THAT A
03:06 - 18.620 LITTLE MORE I THINK I'M IN THE
03:06 - 19.000 MOOD
03:06 - 22.790 TO ME TO THE MARROW OR DID YOU
03:06 - 25.000 HEAR OFTEN BEEN AND CONTINUE
03:06 - 27.390 THAT. FIRST OF ALL RECORDS
03:06 - 29.620 FOR IT. THEY WERE COMMITTED TO
03:06 - 31.300 AND GET ON THE MOVE.
03:06 - 34.000 AND OF IN THE IN THE WIFE TO
03:06 - 35.980 GET BACK TO YOU FOR OR AGAINST
03:06 - 37.820 THEM AND THEY COULD GO EITHER
03:06 - 39.860 AND THEN THE WAR IN THE EARLY
03:06 - 42.810 2012. BEFORE WE MARRIED A MONTH
03:06 - 45.210 LATER. IF YOU READ THE FULL
03:06 - 45.750 CLEAR THAT.
03:06 - 48.570 THEY FOR EXAMPLE HE ALSO WAS
03:06 - 50.710 SPECIFICALLY MADE IN DUE TO THE
03:06 - 52.800 ADDED 2014 THAT INCLUDED THAT
03:06 - 56.460 THE VIOLENCE. IT'S NOT. THIS IS
03:06 - 58.490 ONE OF A NUMBER MATTER THEY
03:06 - 01.150 COMPLAIN OF ON IT WITH NO
03:07 - 04.040 DETAIL LINKING ALL 3. THEY ONLY
03:07 - 05.630 HAVE THEMSELVES TO BLAME A LOT
03:07 - 07.450 OF PRESSURE FROM IT. WE'RE
03:07 - 10.570 UNABLE TO WITH THEY SIMPLY BOTH
03:07 - 12.250 NOT BEFORE ON THE LEFT.
03:07 - 13.730 AND ANOTHER
03:07 - 15.460 IS NEVER BEEN TO DO IN THE
03:07 - 17.230 FIRST IN FACT NEVER EVEN MET
03:07 - 20.110 RUPAUL GO WELL INTO THE CROWD.
03:07 - 22.830 MISTER HAIR RED.
03:07 - 28.510 THAT
03:07 - 30.090 THERE WOULD THANK AGAINST THE
03:07 - 32.080 MAN EVEN AMID ON THE PHYSICALLY
03:07 - 34.420 GOING BACK. THE GORE 11 LEARNED
03:07 - 36.380 THAT IN FACT IT PROBABLY POINT
03:07 - 38.110 OUT THAT IF YOU HAVE
03:07 - 40.380 AN ATTORNEY AND THEY WERE GOING
03:07 - 42.290 BACK AND GOT RID OF THAT EARLY
03:07 - 45.140 YEAH, THEY GOT TO LOVE. BUT
03:07 - 45.400 THERE'S A
03:07 - 48.750 FOLLOW IT. THEY'RE READY FOR
03:07 - 49.900 WHAT YOU REMEMBER ABOUT WHAT
03:07 - 51.400 HAPPENED BOTH ABOUT THE EVENT
03:07 - 53.400 LET YOUR FORMER WIFE. THE
03:07 - 53.750 CAMPBELL
03:07 - 56.290 BUT IN THE COURT ENTERED AN
03:07 - 57.320 ORDER AGAIN YOU
03:07 - 01.130 PROTECTING YOU. BLUE BY THE
03:08 - 03.010 DEATH IN THE STATE. MISTER
03:08 - 05.170 KIMBALL PARK AND HE SAID THAT
03:08 - 09.000 AND HIS WIFE SAID. THE DON'T
03:08 - 09.640 HAVE CANCER.
03:08 - 12.240 THE BEND OF
03:08 - 13.510 PLAYING COMPLETELY SHUT DOWN
03:08 - 16.150 THE QUESTION AMONG ON IT NO I
03:08 - 17.180 THINK YOU WERE IMPROPER
03:08 - 22.120 I'M PROUD MOVE ON TO ANOTHER
03:08 - 23.740 IT. I THINK WE
03:08 - 28.950 A MATTER OF FACT IF YOU LOOK AT
03:08 - 31.470 THE RECORD THE ONLY AND
03:08 - 33.910 THEN DONE. CLOSE THE DEAL ON
03:08 - 36.150 THAT. BUT THEY WERE UNABLE TO
03:08 - 38.560 GET IN. THE MAGIC WORD WITH THE
03:08 - 38.950 BOARD.
03:08 - 43.800 THE THE THE THE GROUND FOR THE
03:08 - 45.260 SCHOOL WILL BE IN GROVE WHO
03:08 - 47.000 LIKE TO DO WHAT THEY WANT TO DO
03:08 - 47.920 IS THAT THE BOARD.
03:08 - 51.900 THE BOARD OR AS WORK FROM GOING
03:08 - 52.990 BY THE BOARD OR
03:08 - 56.070 IN DESCRIBING THIS MERRILL LATE
03:08 - 58.010 IN THE PRIME OF THE MOVE BACK
03:08 - 59.500 IN NEW WERE THE WORDS OF THE
03:08 - 00.810 LEGS, EITHER
03:09 - 03.420 AMONG 17 NEW MARIE THE GROUND
03:09 - 05.750 WORKING ON. AND WE SHOW IN OUR
03:09 - 10.090 FELT THERE I CALL THE MAGIC
03:09 - 10.860 WORD GO.
03:09 - 15.490 ABOUT THE YOU KNOW I WOULD GET
03:09 - 16.790 IT. THE OTHER
03:09 - 18.140 A NEW AIR AND GROUND WITH
03:09 - 20.680 THINGS ARE VERY LIKE UP.
03:09 - 24.560 AND I WILL HAVE A LIVE IN
03:09 - 25.400 ANOTHER STATE OR
03:09 - 28.780 YEAR EVER. I MEAN WE'RE IN THE
03:09 - 32.240 FALL, I WAS DEAD OR ARE
03:09 - 34.940 A NEW THEY'RE THEY'RE NOT ABLE
03:09 - 37.290 POPPING UP IN THE BACK TO OHIO.
03:09 - 40.280 OR YOU AND THOSE OF THE
03:09 - 42.910 WORD LIE, AND THAT WOULD BE.
03:09 - 45.200 LOOK AT THE RECORD THAT REALLY
03:09 - 47.380 THE ONLY THING THAT THEY CHOSE
03:09 - 49.660 TO DO THAT THEY WERE ALLOWED TO
03:09 - 52.730 GET. ON ON THE WALL OF THAT
03:09 - 55.480 DAMAGE A JUDGE TO
03:09 - 58.010 BUILD ON YOU'RE EXACTLY RIGHT
03:09 - 00.280 ABOUT THE QUESTION ABOUT I MEAN
03:10 - 03.160 IT AND ON AND OUR SUPREME
03:10 - 05.150 COURT MAY HAVE MADE THAT CLEAR
03:10 - 06.950 THE COURT MADE THAT CLEAR.
03:10 - 09.900 GUY ALL THOSE THINGS ARE GOING
03:10 - 11.850 TO BE WITH FAMILY HAPPY FOR
03:10 - 13.990 THINGS TO DO. 4 PEOPLE.
03:10 - 17.800 AND WHEN THEY GOT A BIT OF A
03:10 - 18.490 MISSING PEOPLE.
03:10 - 22.830 FOR THE SIDE DOOR.
03:10 - 25.870 AND THE MICHAEL KAY SUPPORT
03:10 - 29.120 THAT BASED ON THE EVIDENCE HERE
03:10 - 31.780 A COMPELLING OF THEM ALL ABOUT
03:10 - 33.940 THE LAST FEW WEEKS. THEN
03:10 - 36.620 MY BUTT. I THINK A VERY
03:10 - 38.520 POWERFUL 15. THE GLORY
03:10 - 41.440 OF THE CENTRAL AND INTO THE
03:10 - 42.560 LIGHT THAT IS WHY.
03:10 - 47.470 MCMICHAEL MCMICHAEL MORE
03:10 - 49.630 THAN ADEQUATE AND AWARDED THE
03:10 - 51.930 WERE ANY. BUT IN THE LETTER
03:10 - 54.170 WAS SOME OF THEM FELT WAS THE
03:10 - 54.810 UGLY NOT
03:10 - 57.090 A LOT. SO I THINK THERE'S ANY
03:10 - 58.880 QUESTION AND ONE WITH THE POPE.
03:10 - 00.750 THE QUESTION THEN THE PHONE.
03:11 - 01.950 WHAT A MOUNTAIN DEW.
03:11 - 04.320 MEMBER WHO WORRY THAT
03:11 - 05.740 THE COUNTY WOULD HEARD WAY BE
03:11 - 07.540 ABLE TO HER AND UNANIMOUSLY AND
03:11 - 10.540 WHO YOU ARE A MAN WHO IS YET
03:11 - 12.610 TO COME. I WILL BE THERE TO
03:11 - 14.440 SUPPORT A PROPER AND THEN ARE
03:11 - 15.090 GOING ON.
03:11 - 17.860 WE'VE BEEN TRACKING THAT FOR
03:11 - 21.110 NOW THE CENTRAL DOCK. THE OLD
03:11 - 23.140 RECORDS I SAY, YEAH
03:11 - 26.010 FOR YOU. PERHAPS A LITTLE MORE
03:11 - 29.320 THAN WE KNOW 5 7 MILLION.
03:11 - 32.590 IS THAT REALLY THE PROPER
03:11 - 33.130 PUBLIC WAY.
03:11 - 36.510 AT THIS POINT I THINK WILL SOME
03:11 - 37.910 OF THE JUDGES HAVE QUESTIONS.
03:11 - 39.110 >>A JUDGE TO VOTE.
03:11 - 45.740 >>JUST I JUST WANT
03:11 - 47.470 TO UNDERSTAND MAKE SURE
03:11 - 48.610 ANDERSON TO SEE JEWELRY WHAT
03:11 - 50.700 HAPPENED WAS. THE JURY RETURNED
03:11 - 51.880 VERDICTS FOR BOTH
03:11 - 53.970 A LOT OF DEPTH OF 10 MILLION
03:11 - 55.550 AND SURVIVAL ACTION FOR THE
03:11 - 58.070 10 MILLION. ON THE COURT AND A
03:11 - 00.050 DJ IN OT FOR THE SURVIVAL
03:12 - 02.430 WATCHING 10 MILLION. AND YOU
03:12 - 04.120 DID NOT APPEAL THAT CORRECT.
03:12 - 07.990 >>WE DIDN'T FEEL THAT THE COURT
03:12 - 09.350 THAT THE COURT HELD THAT ALL
03:12 - 12.670 THE WAY BUT WE HAD WE
03:12 - 15.410 I MADE THE PROPOSED PROFFER
03:12 - 16.930 OFFICE WE ME.
03:12 - 20.660 ACCEPT JANE ONLY ON THAT
03:12 - 23.060 PLACE IT'S A LITTLE BIT
03:12 - 24.600 CONVOLUTED BUT BELIEVE IN YOU
03:12 - 26.920 EVERYBODY
03:12 - 29.900 EVERYBODY PILED ALL TRIAL
03:12 - 31.110 GETTING UNDER VIEW SOMETHING
03:12 - 33.600 THAT ALL THERE WAS NO EVIDENCE
03:12 - 34.550 TO END UP.
03:12 - 37.570 AND EVERYONE WOULD BE THE END
03:12 - 38.910 OF THE FUNCTION THAT YOU CAN GO
03:12 - 39.830 GET LOSS OF LIFE.
03:12 - 43.610 AND THE SURVIVAL OF THE WELL I
03:12 - 45.040 THINK THERE ARE PROBABLY NO,
03:12 - 47.270 BUT I'VE LEARNED A LOT SAYS THE
03:12 - 48.470 OFFICER AND IF YOU DON'T HAVE
03:12 - 50.240 BEEN APPROVED. YOU CANNOT WALK
03:12 - 51.800 ABOUT. WE ARGUE
03:12 - 54.490 WITH THAT WEIGH IN AND HELP
03:12 - 56.570 DELIVER BACK TO THAT. ON.
03:12 - 58.670 BUT THE PROBLEM WAS
03:12 - 00.720 THE GUY FURTHER IN A MORAL
03:13 - 02.360 ARGUMENT WAS ALSO REMOVED.
03:13 - 04.750 AND WE JUST MET WITH THEM
03:13 - 06.780 BECAUSE THEY CAN WORRY. IT WAS
03:13 - 09.000 SCARY OKAY, A WAY THAT BUT THEN
03:13 - 11.290 I HAVE TO BUY NOW.
03:13 - 13.610 A REMINDER. WE'RE NOW
03:13 - 15.600 YOU KNOW COULD BE AWARDED ON
03:13 - 18.290 THE BASIS OF THE LAW THAT I'M
03:13 - 19.710 REALLY ALLOW ANY AMOUNT SO.
03:13 - 22.680 IT'S A IS IT JUST SEEMED TO BE
03:13 - 24.500 THE BEST WAY TO GET AT THAT TOO
03:13 - 25.820 ALLOW FOR THAT.
03:13 - 27.940 >>THANK YOU.
03:13 - 31.140 THERE'S ANY OF THE JUDGE AND
03:13 - 32.040 THE QUESTION I HAVE NOT
03:13 - 32.550 RECEIVED IT.
03:13 - 35.290 IS THE END OF
03:13 - 36.400 THIS STILL HAVE ABOUT 4 MORE
03:13 - 38.010 MINUTES AND YOU MAKE YOUR
03:13 - 41.900 ARGUMENT LEADS. OK HOLD ON I'M
03:13 - 42.720 SORRY WHO SPOKE.
03:13 - 45.380 I APOLOGIZE YOU'RE ON THAT
03:13 - 46.430 SIDE. JOHN
03:13 - 50.070 I'M OKAY. MISTER YAN A FEW
03:13 - 52.120 STILL LEFT FOR MORMONS OK THANK
03:13 - 52.950 YOU ARE ON.
03:13 - 56.590 >>MOVING WELL
03:13 - 58.010 THAT HE DID GO BACK FOR A
03:13 - 59.490 MINUTE ON THE ON THE ON THE WAY
03:13 - 00.000 TO THE OTHER.
03:14 - 03.100 SO ARE PEOPLE THAT PEOPLE ARE
03:14 - 05.260 DEAD IN THE BATHTUB. AND THIS
03:14 - 06.990 IS WHEN I WROTE A
03:14 - 09.370 LETTER TO IF YOU BREAK.
03:14 - 11.360 THE WEIGHT OF THE EVIDENCE CAME
03:14 - 13.020 RIGHT TO RAISE AFTER THE BIRD
03:14 - 15.560 HE COULD NOT TELL THE TRUTH THE
03:14 - 17.940 METER READER AND THEY CONTEND
03:14 - 21.290 EVIDENCE A MISCARRIAGE.
03:14 - 24.790 IF EITHER PARTY WITH A LITTLE
03:14 - 27.150 WHO DIRECTED VERTICAL BECAUSE
03:14 - 29.270 THE GIRL BACK AND WERE IT
03:14 - 31.360 WAS ALL. IT WAS NOT PROPERLY
03:14 - 33.060 BEFORE THEY DO NOT FORM THE
03:14 - 34.530 BASIS FOR THE WAY WE HAVE
03:14 - 36.270 PLAYED. I SAID NOW WE'RE GOING
03:14 - 39.690 YOU KNOW UNDER 12 WHO WERE LIKE
03:14 - 41.280 BY THE TIME THE LOVE
03:14 - 43.530 OF GOD, WHEN THEY NEED TO GO
03:14 - 44.520 WAY TO DEAL WITH THEM.
03:14 - 49.040 AND WITH IT THEIR WAY AND
03:14 - 50.300 THAT'S EXACTLY THE NATURE.
03:14 - 53.480 THE PLANE. THE FACT THAT FOR
03:14 - 54.780 EXAMPLE, THE CRIME OF PEOPLE.
03:14 - 55.720 AND
03:14 - 58.130 FOR TESTIMONY ARE WE SHOWED THE
03:14 - 59.750 PLANE OR SOMETHING COULD BE
03:14 - 01.090 MORE MOBILE ME
03:15 - 04.180 BUT A VERY FRESH OVERRATED OR.
03:15 - 06.790 ON ON THE QUESTION OF THE
03:15 - 07.740 INCLUSION OF BOTH.
03:15 - 11.410 DOCTOR RUBIN FIND AN ELEPHANT
03:15 - 11.800 BIRD.
03:15 - 17.060 AGAIN THE THERE'S NO PLACE TO
03:15 - 18.390 STAY ON THAT IF YOU PUT, BUT
03:15 - 20.030 THE MAIN THING TO UNDERSTAND
03:15 - 22.090 HERE THAT THAT EVENT IS NOT
03:15 - 23.220 ONLY AGREED TO MOVE ON THE
03:15 - 25.600 RECORD. THERE ARE THE POPE FOR
03:15 - 27.680 HIS IDENTITY. THEY ARE BUYING
03:15 - 29.600 FOOD ON THEIR BOARD MEETING.
03:15 - 32.490 IT'S IDENTICAL BECAUSE THIS WAS
03:15 - 34.340 IN POWER. A LOGICAL WAY
03:15 - 37.350 TO GO. WELL AS I POSSIBLY 4.
03:15 - 40.320 OLD BOYS OTHER THAN.
03:15 - 45.790 SIMILARLY THE ARGUMENT.
03:15 - 48.070 IF THERE WAS NO GUARD AGAINST
03:15 - 48.700 AL ASSAD.
03:15 - 56.740 YOU ARE YOU ON WE
03:15 - 01.290 CROWD THAT I LOVE.
03:16 - 05.280 WITH ADMIT THAT THERE WAS A
03:16 - 07.210 BIRD AGAIN AND
03:16 - 09.090 AGAIN TO CUT TO THE
03:16 - 11.980 CHASE HERE AND THEN PROPOSE FOR
03:16 - 13.950 HIGH-LEVEL FINDING 2 ON THE ON
03:16 - 17.260 THE BORDER. ON SO. SO THEY'RE
03:16 - 17.620 NOT.
03:16 - 22.930 NO BASIS FOR THIS OR IF
03:16 - 24.590 YOU DO. AND MONTHS
03:16 - 26.170 AFTER THE BIRTH DATA FOR THE
03:16 - 26.950 FIRST TIME TO
03:16 - 29.900 THAT VERDICT WAS HANDED DOWN TO
03:16 - 31.560 MOVE NOW IS THE NAME THAT THEY
03:16 - 32.850 THEY PUT ON ON THE COURT.
03:16 - 37.010 >>AND WHEN WE HOLD OFF WITH
03:16 - 38.390 THIS 2 MINUTES LEFT IN ONE OF
03:16 - 39.910 MY JUDGES APPEARS TO HAVE A
03:16 - 40.390 QUESTION.
03:16 - 43.970 >>YOUR QUESTION ABOUT ABOUT THE
03:16 - 46.490 VERDICT SLIP. ABOUT ELLIS SITE
03:16 - 47.340 OR USE IT.
03:16 - 49.680 THAT THEY SHOULD HAVE BEEN
03:16 - 51.760 INCLUDED ON THE THAT THE BRICKS
03:16 - 53.340 TO LOOK AT WHAT THE JUDGE SAYS
03:16 - 53.490 IT.
03:16 - 55.940 WELL ASIDE WAS RATTLING PUT IT
03:16 - 57.320 ON THE BOARD EXCEPT BASED UPON
03:16 - 59.360 THE VICARIOUS LIABILITY THEORY
03:16 - 01.240 AND IT'S SOLELY BASED AND
03:17 - 02.690 HERE'S WHAT I MEAN FROM THE
03:17 - 06.160 JUDGES. OPINION IT'S BASED THE
03:17 - 08.250 VICARIOUS LIABILITY FACE WHEN
03:17 - 10.870 THE ACTIONS OF LSI HAWAII, A
03:17 - 12.370 NURSE, THE REDS.
03:17 - 14.750 AND FOR FEEL YOU COULD MINISTER
03:17 - 16.520 MEDICATION IS ORDERED BY DOCTOR
03:17 - 18.850 MURRAY STATE. SO THAT THE SOLE
03:17 - 20.530 BASIS OF THE VICARIOUS
03:17 - 22.640 LIABILITY THEORY IS THE ACTION
03:17 - 23.420 OF THIS MARRIAGE.
03:17 - 27.920 >>I WOULD SAY THAT ON THEIR
03:17 - 30.700 FRIENDS IS IS IS WHO POINTED
03:17 - 32.260 OUT. I'M TALKING ABOUT HERE.
03:17 - 34.660 I WOULD FIRST AGAIN HE GOT
03:17 - 37.180 THAT I WAS I NEVER DID ANY OF
03:17 - 38.160 THIS GOING TO AGREE.
03:17 - 40.860 THEY PUT LATER FIND IT ON THEIR
03:17 - 43.590 PROPOSED FOR IT. LET AND DAY
03:17 - 47.280 TO THE REFORM OF THE GUARD
03:17 - 49.500 ABOUT WAS IDENTICAL THERE.
03:17 - 51.570 I. IF YOU
03:17 - 53.430 LOOK AT IN OUR REVIEW THEY'VE
03:17 - 55.100 MOVED BACK WE GO THROUGH ALL
03:17 - 56.480 THE BACK TO YOU AND YOUR
03:17 - 56.980 FRIEND.
03:18 - 02.440 MAYBE NOT ONLY
03:18 - 04.960 DIDN'T HE. FOLLOW THE DOCTORS
03:18 - 07.310 ORDERS WHICH WERE 0.2
03:18 - 09.240 MILLIGRAMS OF 25 MILLIGRAM
03:18 - 12.380 ALLOWED EVERY 50 MORE PEOPLE
03:18 - 16.190 WHO KNOW OF NO ROOM. HE IS
03:18 - 18.240 FACING WELL MILLIGRAM PEOPLE
03:18 - 21.720 OUT A NORMAL. WITH DOCTOR BRAND
03:18 - 22.460 TALK ABOUT
03:18 - 25.060 WHEN YOU IF YOU WANT TO CREATE
03:18 - 27.080 THAT INCREASES IN THE BACK.
03:18 - 30.020 ON. HE GAVE IN
03:18 - 30.840 IN
03:18 - 33.740 MILLIGRAM COLD THE FIRST TIME
03:18 - 36.700 HE DID A GOOD PHOTO. YOU MAY
03:18 - 37.560 NEVER EVEN.
03:18 - 40.990 TRY TO DO THE MEDICATION HAS
03:18 - 42.280 ORDERED THAT WOULD HELP.
03:18 - 44.510 WE ALSO HAD MANY.
03:18 - 47.810 THEIR ARGUMENT ABOUT ABOUT AND
03:18 - 48.410 CARE ABOUT
03:18 - 51.640 WE ARE AT ABOUT THE COMBINATION
03:18 - 53.040 OF DRUGS IN THAT
03:18 - 56.640 THEY GAVE. NEVER BEFORE WITH
03:18 - 59.790 THESE OTHER. THE OWNER. THE
03:18 - 01.060 PRESIDENT WOULD LIKELY BE
03:19 - 03.090 PEOPLE AND THE SENATE IS THAT.
03:19 - 05.580 >>THERE'S THE ACTIONS OF OF THE
03:19 - 07.410 NERDS CHRIS IN ADDITION TO THE
03:19 - 10.150 LSI ACCOUNTS OF IT AND THEY
03:19 - 12.470 NEVER OBJECTING IF ANYTHING
03:19 - 14.640 YOU'RE SAYING OH YEAH THAT
03:19 - 17.630 >>THAT IS I
03:19 - 20.650 THINK PEOPLE AND AND I MIGHT
03:19 - 24.560 IDEA OF ALL ALONG SUDDENLY
03:19 - 25.740 WE'RE TALKING ABOUT VERY
03:19 - 28.400 LIGHT BILL. I BELIEVE THAT WE
03:19 - 29.980 WOULD NEVER WOULD NEVER DO.
03:19 - 32.550 AND I'M AND THE THE MOST AND
03:19 - 33.380 GOING ON TO
03:19 - 36.340 JUST I TOTALLY GOT IT DOWN ON
03:19 - 36.880 SAYING THAT THEY
03:19 - 40.190 WOULD NEVER. IT IS THE OUTLINE
03:19 - 40.800 HER BODY
03:19 - 42.320 AND BELIEVE IT OR ANY OTHER
03:19 - 44.060 THAN THE LATEST FIND IS ANOTHER
03:19 - 47.760 STAND HERE AND THEN MOVED ON
03:19 - 49.950 TO YOU. I WAS LIKE THERE'S A
03:19 - 51.950 LOT OF YOU AND AGAIN THE MONTH
03:19 - 53.670 THE WORK ON THE POINT ON THAT
03:19 - 55.030 POINT YOU CAN NEVER
03:19 - 57.340 AND YOU CAN CONTINUE TO GET IN
03:19 - 00.160 ANYWAY THAT ANY OF WHO THE
03:20 - 02.790 WEATHER. DOCTOR RULING BY THE
03:20 - 03.030 COURT.
03:20 - 06.520 >>THANK YOU VERY MUCH, YOU KNOW
03:20 - 07.490 WHEN YOUR TIME IS
03:20 - 10.130 A ONE-MINUTE IS TOO SHORT TO
03:20 - 12.250 SPLIT UP SO MYSTERIOUS THAT
03:20 - 13.340 YOU'RE IN THE RIGHT WHO WANTS
03:20 - 14.240 TO GIVE THE ROBOT.
03:20 - 16.390 >>I'M I WOULD GIVE IT YOUR
03:20 - 18.290 HONOR AGREES. THERE'S A LOT TO
03:20 - 19.430 COVER AND WE START WITH THE
03:20 - 21.400 NURSE PRESENT ISSUE. BRIERS
03:20 - 23.620 THE JUDGE TOLD THE JURY THAT
03:20 - 25.190 ALL ASIDE COULD BE VICARIOUSLY
03:20 - 27.000 LIABLE ONLY FOR DOCTOR
03:20 - 29.290 RUBINSTEIN THERE WAS NEVER EVEN
03:20 - 31.120 AN EXPERT CRAWFORD AGAINST
03:20 - 33.270 NURSE FOR AS DOCTOR DINNER IS
03:20 - 35.240 AN ANESTHESIOLOGIST YOU KEEP IT
03:20 - 36.310 WHO KNOWS IF HE
03:20 - 38.150 WAS QUALIFIED, BUT HE NEVER
03:20 - 39.320 OFFERED STANDARD OF CARE
03:20 - 40.590 OPINIONS AT ALL MUCH LESS
03:20 - 40.970 AGAINST
03:20 - 43.290 NURSE RATCHED AND EVEN
03:20 - 44.730 PLAINTIFFS FREE TRAVEL, IT SAID
03:20 - 46.530 THIS CASE IS ABOUT I CARRY US
03:20 - 48.370 LIABILITY FOR DOCTOR RUBINSTEIN
03:20 - 50.690 RUBENSTEIN SO NURSED
03:20 - 52.570 HER EGGS COULD NOT POSSIBLY
03:20 - 53.960 UNDER THE UNDER THE EVIDENCE IN
03:20 - 55.720 THE CASE. THE 8 BASIS FOR
03:20 - 57.320 VICARIOUS LIABILITY WITH THE
03:20 - 59.920 JUDGE TOLD JURORS. RISES OR
03:20 - 02.630 FALLS WITH. I CAN SEE NOT
03:21 - 06.780 THE NEST OF VIOLENCE EVIDENCE
03:21 - 10.440 AGAINST SORT OF WITH A GRAIN OF
03:21 - 11.370 SALT SPENT
03:21 - 13.430 IN TERMS OF MISCHARACTERIZING
03:21 - 15.150 IT THE TRIAL JUDGE'S ENTIRE AND
03:21 - 17.040 USE ABOUT WHY HE THREW 2 DEATHS
03:21 - 18.840 FROM GETTING IN THE 70'S, A
03:21 - 20.430 COUNCIL ESTATE COULD HAVE DONE
03:21 - 22.100 IT AFTER ALL IS
03:21 - 23.310 CONTRARY TO WHAT THE TRIAL.
03:21 - 25.210 JUDGE HIMSELF SAID, AND IT'S
03:21 - 26.590 ALSO TIME FOR TO THE WRECK.
03:21 - 28.560 I READ THAT QUESTION THE REASON
03:21 - 30.380 THERE'S NOTHING COMPLICATED I
03:21 - 31.810 DID YOU LIKE GET THE F A
03:21 - 33.400 AND WITHOUT BEING ABLE TO
03:21 - 34.770 ANSWER THAT QUESTION WE CAN'T
03:21 - 36.100 IMPEACH AND WE CAN'T REFRESH
03:21 - 38.300 THERE'S NOWHERE TO GO. WE COULD
03:21 - 40.340 NOT GET IN WERE CONVICTIONS
03:21 - 42.520 THE JUDGE SENT ON ITS OWN TO
03:21 - 44.590 ALL ONLY COMES IN AS A BOOK
03:21 - 46.350 YEAH, BUT BECAUSE WE COULDN'T
03:21 - 47.970 GET IN THE VICIOUS ASSAULT FROM
03:21 - 50.120 2011. THERE'S NO WAY WE COULD
03:21 - 51.430 HAVE GOT THE OTHER OPEN
03:21 - 53.360 AND THIS IDEA THAT PEOPLE
03:21 - 55.070 AREN'T COOL T IN OHIO ARE
03:21 - 57.410 SOMEHOW TERMS OF LEGAL ARE A
03:21 - 58.180 SLAP IN
03:21 - 00.880 THE FACE CHOKING FROM THE GLASS
03:22 - 02.340 STEAGLE ACT CLEAN UP THE LOW
03:22 - 03.670 OVER THE FACE THERE ARE NO
03:22 - 05.240 TERMS OF OUR AIR AT ALL.
03:22 - 06.890 THE JUDGE HIMSELF SAID WHEN THE
03:22 - 08.880 JUDGE USED TO WORK FULL T THEY
03:22 - 09.880 NEED EXACTLY
03:22 - 11.710 THAT SCHOOLS. THAT'S WHY THE
03:22 - 13.630 DIVORCE WAS ENTERED THE JURY
03:22 - 15.530 HEARD NOTHING ABOUT ANY OF US
03:22 - 17.120 AND THE CASE WAS ALL ABOUT THE
03:22 - 18.360 NATURE OF THE RELATIONSHIP.
03:22 - 20.610 IT IS POSSIBLE TO HAVE A
03:22 - 22.730 FAIR TRIAL WHERE HE TALKS ABOUT
03:22 - 24.400 THIS RELATIONSHIP IN SUCH LOW
03:22 - 26.130 IN TERMS AND WE CAN'T SAY
03:22 - 27.990 ANYTHING ABOUT THE TRUE NATURE
03:22 - 28.760 OF THE CHURCH
03:22 - 30.180 I APPRECIATE THAT MY MINUTES UP
03:22 - 32.130 ON TUESDAY HERE LET YOU GO A
03:22 - 32.770 LITTLE LONGER.
03:22 - 34.210 >>BUT COUNCIL THANK YOU VERY
03:22 - 35.170 MUCH ANOTHER EXCELLENT
03:22 - 36.530 ARGUMENT. WE'VE HAD SOME VERY
03:22 - 36.710 GOOD
03:22 - 40.080 LAWYERING TODAY. WITH HIS CASE
03:22 - 40.540 IN THE GAME.
03:22 - 43.840 >>THE FINAL CASE IN THE
03:22 - 45.800 AFTERNOON. JUDGES JOURNAL THE
03:22 - 50.130 0, 1, 0, 0, 8, HOW OFFICERS
03:22 - 50.870 BILL OF QUARTER.
03:22 - 54.740 OUR CAN YOU HEAR US.
03:23 - 05.280 CAN YOU HEAR AT THAT HOUR.
03:23 - 10.400 THANK YOU CAN DONATE YOUR VIDEO
03:23 - 23.800 JUST BRING YOUR MOUTH SHUT
03:23 - 32.990 WE CAN HEAR YOU CERTAINLY NEED
03:23 - 33.590 TO ENABLE YOUR
03:23 - 46.830 >>THAT ALLOWED OUT OF THE WATER
03:23 - 55.230 >>WE HAVE A BANG ON CUE.
03:24 - 01.690 >>THANK YOU FOR NAVAL, YOU'RE
03:24 - 04.410 UNABLE TO YOU. OKAY WE'RE GOING
03:24 - 07.650 >>WITH THE EXCEPTION TO MISTER
03:24 - 09.910 CLINTON EVERYBODY YOU I'M GLAD
03:24 - 11.300 I'M THINKING THAT GALLAGHER YOU
03:24 - 11.930 UNIT.
03:24 - 14.560 MISTER CLEMENTS WITH GREAT IF
03:24 - 15.640 YOU GIVE US A SUMMARY OF THE
03:24 - 16.100 STATES.
03:24 - 18.070 >>I THANK YOU PRESIDENT AS
03:24 - 20.470 WELL. A FINAL APPEAL. WE HEARD
03:24 - 22.120 TODAY, A LOCAL PENNSYLVANIA
03:24 - 24.210 VERSUS WHO SAID LORENZO GOING
03:24 - 24.590 FOR.
03:24 - 26.540 THIS APPEAL CONCERNED
03:24 - 27.860 PENNSYLVANIA'S COMPREHENSIVE
03:24 - 29.490 STATUTORY SCHEME FOR COLLATERAL
03:24 - 30.520 CHALLENGES TO CRIMINAL
03:24 - 32.770 CONVICTIONS AND SENTENCES AND
03:24 - 34.290 AT THE POST CONVICTION RELIEF
03:24 - 34.910 ACT FOR
03:24 - 37.340 ONE OF THE PRIMARY
03:24 - 39.040 CHARACTERISTICS OF THE IS THE
03:24 - 41.560 TIMELINESS WIRE. UNLESS A
03:24 - 42.180 NEW RATING
03:24 - 44.730 EXCEPTION APPLIES ALL PETITIONS
03:24 - 46.630 UNDER THE MUST BE FILED WITHIN
03:24 - 48.220 ONE YEAR OF THE DAY. THE
03:24 - 49.930 JUDGMENT OF SEX BECOMES FINAL.
03:24 - 51.180 HOWEVER,
03:24 - 52.790 UNDER ONE OF THE ENUMERATED
03:24 - 54.320 EXCEPTIONS THE PETITIONER MAY
03:24 - 56.090 FILE BEYOND THE ONEYEAR TIME
03:24 - 58.070 IF HE DISCOVERS NEW EVIDENCE
03:24 - 58.960 PERTAINING TO
03:24 - 01.820 CASE EITHER THE PETITIONER MUST
03:25 - 03.410 ESTABLISH THAT HE COULD NOT TO
03:25 - 05.610 THE EXERCISE OF DUE DILIGENCE I
03:25 - 06.920 DISCOVERED THAT THE EVIDENCE
03:25 - 07.400 EARLIER.
03:25 - 10.310 2010.
03:25 - 12.800 A JURY CONVICTED FELON WHO IS
03:25 - 14.280 THE LAW OF THE WORLD OF
03:25 - 15.230 THIRD-DEGREE MURDER.
03:25 - 17.390 AND 4 COUNTS OF RECKLESSLY
03:25 - 17.920 ENDANGERING
03:25 - 19.540 ANOTHER PERSON. THE COURT
03:25 - 21.170 DISMISSED HIS FIRST PILOT PIECE
03:25 - 23.710 OR A PETITION ON MAY 22ND TO
03:25 - 25.080 2014.
03:25 - 30.000 ON 8/17/2018. A LITTLE WHILE
03:25 - 31.420 THE INSTANT. HE'S HERE A
03:25 - 32.710 PETITION. HIS SECOND.
03:25 - 34.670 A CERTAIN THAT HE HAD RECENTLY
03:25 - 36.470 DISCOVERED THAT HE HAS MENTAL
03:25 - 38.410 INFIRMITIES AND THAT HIS TRIAL
03:25 - 39.770 COUNSEL'S INEFFECTIVE FOR
03:25 - 41.200 FAILING TO INVESTIGATE AND
03:25 - 42.810 LITIGATE COMPETENCY TO STAND
03:25 - 44.130 TRIAL IN 2010.
03:25 - 46.520 WHAT WE'RE ALSO REQUESTED THE
03:25 - 47.640 COURT ORDERED THE PENNSYLVANIA
03:25 - 48.740 DEPARTMENT OF CORRECTIONS
03:25 - 50.800 PROVIDE HIM WITH MENTAL HEALTH.
03:25 - 51.530 RECORD.
03:25 - 53.650 THE COMMONWEALTH RESPONDED TO
03:25 - 55.270 VOTE FOR A PETITION BY FILING A
03:25 - 56.210 MOTION TO DISMISS.
03:25 - 58.790 I'M OFTEN ARGUE THAT PROPELS
03:25 - 59.360 PETITION WAS
03:25 - 01.830 APPARENTLY UNTIMELY AND THAT HE
03:26 - 03.350 HAD FAILED TO ESTABLISH THAT IT
03:26 - 04.490 ACTED WITH DILIGENCE AND
03:26 - 05.530 DISCOVERING HIS MENTAL
03:26 - 06.130 INFIRMITY.
03:26 - 08.480 ACCORDING TO THE COMMONWEALTH
03:26 - 10.100 DISMISSED BILLET OR A PETITION
03:26 - 11.840 HAS UNTIMELY AND DENIED HIS
03:26 - 12.920 REQUEST FOR MENTAL HEALTH
03:26 - 13.510 RECORDS.
03:26 - 16.530 A PROFILE OF THE TIMELY APPEAL.
03:26 - 18.820 FOR THE COURT TODAY IS WHETHER
03:26 - 20.250 PEACE OR A COURT ERRED IN
03:26 - 21.240 DISMISSING GOING TOWARDS
03:26 - 23.640 PETITION ISN'T IT. TOWARD
03:26 - 25.230 CONTENDS THAT AT THE VERY LEAST
03:26 - 26.730 THE COURT TO ALLOW HIM TO HAVE
03:26 - 27.860 AN EXPERT REVIEW WITH MENTAL
03:26 - 29.100 HEALTH PRACTICE BEFORE RULING
03:26 - 30.350 ON WHETHER HE HAD ESTABLISHED
03:26 - 31.930 AN EXCEPTIONAL PIECE OR A PRIME
03:26 - 34.580 MINISTER FROM. IT'S GOING TO BE
03:26 - 35.090 ARGUMENTS.
03:26 - 39.740 >>AND THAT'S WHAT OUR VIEWERS
03:26 - 41.070 MANY YOU HAVE 4 MINUTES OF
03:26 - 41.950 UNINTERRUPTED HOUR.
03:26 - 44.250 >>I NEVER MAY I HAVE A MINUTE
03:26 - 46.870 TO RESPOND TO THAT CONCLUSION.
03:26 - 48.830 >>CERTAINLY THANK YOU.
03:26 - 52.460 THIS
03:26 - 55.500 IS PLAINLY A TIMELY
03:26 - 57.390 THIS ISSUE. THE
03:26 - 59.700 INITIAL PERIOD OF TIME WITHIN
03:26 - 02.000 WHICH TO FILE THE INSURER WOULD
03:27 - 04.790 HAVE EXPIRED I BELIEVE IN 2012.
03:27 - 08.110 FACTUAL
03:27 - 10.170 MATTERS WHICH ARE OVER RECORD
03:27 - 12.160 IN THIS CASE A THINKER HELP
03:27 - 14.170 PULL IN DETERMINING.
03:27 - 16.900 THE ISSUE BEFORE THIS COURT.
03:27 - 18.030 FIRST OF ALL.
03:27 - 21.210 WE HAVE ALLEGED AND IT'S AT
03:27 - 23.700 MULTIPLE PLACES IN THE RECORD
03:27 - 27.770 MISTER VILLAGE CHARRO IN THE
03:27 - 31.260 YEAR 2000 WAS ASSAULTED AND
03:27 - 33.350 SHOT TWICE IN THE HEAD.
03:27 - 35.790 AND ONE OF THE BULLETS FROM
03:27 - 37.900 THAT THOSE SAW IT AND IT'S
03:27 - 39.670 ACTUALLY STILL IN HIM.
03:27 - 41.400 OKAY
03:27 - 46.550 GIVING LIES TO THE PROSECUTION
03:27 - 47.050 OF HER
03:27 - 49.680 I BELIEVE IT WAS IN MAY OF
03:27 - 54.600 2009. A 2010. HE IS CONVICTED
03:27 - 57.780 AND THE SENTENCE. AND YOU HEARD
03:27 - 58.620 THE MULTIPLE.
03:27 - 02.730 MOTIONS OF APPEALS AND A PRIOR
03:28 - 04.920 PETER SCHERRER WHAT THEN
03:28 - 06.410 OCCURRED IS
03:28 - 09.670 IN JUNE. I'M SORRY ABOUT 2
03:28 - 12.340 YEARS AGO AFTER HAVING BEEN
03:28 - 15.790 IN THE. STATE PRISON SYSTEM FOR
03:28 - 16.310 OVER
03:28 - 20.640 YEARS. VILLAGE OUR WISH
03:28 - 23.520 TRANSFERRED TO A MENTAL HEALTH.
03:28 - 28.750 ASKING QUESTIONS. MANY
03:28 - 30.450 QUESTIONS ABOUT WHY HE WAS
03:28 - 32.450 THERE AND SO FORTH AND
03:28 - 33.430 ULTIMATELY.
03:28 - 37.870 SENSUALLY WAS DENIED IN IN ALL
03:28 - 39.900 OF THOSE RECORDS AND CHILL.
03:28 - 42.640 JUNE 23 OF A
03:28 - 46.410 2018. WHEN AN INDIVIDUAL IN
03:28 - 46.680 THAT
03:28 - 49.230 THE DEPARTMENT. SHARED WITH
03:28 - 52.760 MISTER WHAT HIS DIAGNOSES FOR
03:28 - 54.190 AND A LITTLE BIT ABOUT WHAT
03:28 - 56.880 THAT MEANT. HE THEN CONTACTED
03:28 - 59.170 MY OFFICE ASKED ME
03:28 - 01.730 DOES THIS MEAN AND COULD IT
03:29 - 04.170 MEAN ANYTHING ABOUT HOW YOU
03:29 - 05.320 KNOW WHAT I WAS
03:29 - 07.220 GOING THROUGH AT THE TIME WE
03:29 - 08.910 FILED THE P A THE
03:29 - 11.520 STATION ALLEGING EVERYTHING
03:29 - 12.820 PRETTY MUCH EVERYTHING THAT
03:29 - 13.100 I'VE
03:29 - 16.480 JUST SAID AND ASKING BY THE WAY
03:29 - 18.810 IN THE SAME COULD TRADITION FOR
03:29 - 20.690 THE COURT TO PERMIT US
03:29 - 25.240 I'M SORRY FOR THE COURT TO
03:29 - 25.650 ENTER
03:29 - 27.620 AN ORDER DIRECTING THE
03:29 - 29.260 DEPARTMENT OF CORRECTIONS TO
03:29 - 31.180 GIVE US THE RECORDS THAT HAD
03:29 - 33.280 BEEN DENIED TO MISTER
03:29 - 35.700 MILLA TORO SO THAT WE COULD
03:29 - 38.510 MAKE A DETERMINATION. WHAT WE
03:29 - 41.520 ASKED FOR IN THE PETITION AND
03:29 - 44.120 AT THE ULTIMATE FOR SAVING
03:29 - 46.640 BEFORE THE COURT WHICH WAS NOT
03:29 - 47.500 A HEARING.
03:29 - 49.380 IT WAS AN EVENT OCCURRING IN
03:29 - 52.320 DECEMBER 2018 WHERE THE
03:29 - 54.980 JUDGE ASKED OPPOSING COUNCIL
03:29 - 55.480 TO.
03:29 - 58.840 ARTICULATE THE REASON FOR HER
03:29 - 00.360 MOTION TO DISMISS
03:30 - 03.500 SHE DID WE ARGUED AGAINST THAT
03:30 - 05.680 AND THAT CONCLUSION OF THAT
03:30 - 07.860 PROCEEDING FROM THE BENCH.
03:30 - 09.850 CHAN DICTATED THAT SHE WOULD BE
03:30 - 11.540 DENYING THE APPEAL
03:30 - 13.220 WITHOUT A HEARING WITHOUT
03:30 - 15.330 RECORDS WITHOUT GRANTING.
03:30 - 17.930 US THE OPPORTUNITY TO
03:30 - 19.890 I HAVE RECORDS HAVE THEM
03:30 - 21.920 EVALUATED HAVE AN EXPERT LOOK
03:30 - 23.480 AT THEM AND SO FORTH.
03:30 - 28.100 AMONG THE ISSUES THAT I JUST
03:30 - 30.580 WOULD LIKE TO COMMENT ON THAT I
03:30 - 30.850 THINK
03:30 - 34.080 ARE SUPPORTIVE. IS I UNDERSTAND
03:30 - 35.510 AND I THINK THE COURTS HAVE
03:30 - 37.040 BEEN PRETTY CLEAR THAT.
03:30 - 40.780 MENTAL HEALTH ISSUES DON'T JUST
03:30 - 43.760 GIVE YOU A FREE RIDE AND
03:30 - 46.470 DELAYING THE TIME. ONE HASH TO
03:30 - 49.380 SHOW THAT SOMEHOW AS A RESULT
03:30 - 50.900 OF THOSE ISSUES.
03:30 - 53.550 AND YOUR MENTAL HEALTH
03:30 - 55.900 SITUATION WASN'T KNOWN TO YOU
03:30 - 57.030 AND IT COULDN'T HAVE BEEN
03:30 - 59.410 KNOWN. IF YOU EXERCISE
03:30 - 01.560 DUE DILIGENCE AND IN THAT
03:31 - 03.340 REGARD I WOULD ENCOURAGE YOU TO
03:31 - 05.560 LOOK AT COMMONWEALTH VERSUS
03:31 - 07.870 CRUZ I'VE I'VE REFERRED TO IT
03:31 - 10.330 SO HAS THE COURT BEEN EARLIER
03:31 - 10.980 OPINION
03:31 - 14.270 AND ESSENTIALLY AND STARTING
03:31 - 16.190 OUT SAYING THAT MENTAL
03:31 - 18.080 INCOMPETENCE AT THE RELEVANT
03:31 - 21.060 TIMES IF PROVEN MAY SATISFY.
03:31 - 24.880 THE REQUIREMENTS OF IT WHICH WE
03:31 - 27.290 ARE ARGUING ABOUT IN THIS CASE
03:31 - 32.160 AFTER THE COURT VACATED THE
03:31 - 33.880 MATTER TO THE PEACE SHARE A
03:31 - 36.860 COURT AND YOU'RE AND TOLD THEM
03:31 - 39.780 TO CONDUCT A HEARING TO THE
03:31 - 41.050 CHAIRMAN WHETHER
03:31 - 44.250 OR NOT INDIVIDUAL WAS
03:31 - 46.540 AND REMAINED IN COMPETENT
03:31 - 48.840 AT THE TIME IN THE PROCEEDINGS
03:31 - 49.840 THAT WERE IMPORTANT
03:31 - 52.430 AND SECONDLY WHETHER THE
03:31 - 54.100 CURRENT EDITION WAS TIMELY
03:31 - 54.580 FILE.
03:31 - 58.090 CAMILO I'M SORRY
03:31 - 01.230 THE COURT HAS INDICATED IS IN
03:32 - 03.360 ONE OF THE EARLIER OPINIONS
03:32 - 06.200 THAT THE GENERAL RULE REMAINS
03:32 - 07.610 THAT MENTAL ILLNESS OR
03:32 - 10.090 PSYCHOLOGICAL CONDITION, ABSENT
03:32 - 11.990 MORE WILL NOT SERVE AS AN
03:32 - 13.720 EXCEPTION TO THE TIME OR A
03:32 - 14.210 CORNER
03:32 - 17.860 AND AND IN THAT REGARD THE
03:32 - 20.800 COURT CITED TOO COME ALL
03:32 - 23.550 FORCES ALLEY. BUT I WOULD
03:32 - 25.400 POINT OUT TO THE COURT SAID
03:32 - 27.300 THE COURT MADE THOSE
03:32 - 29.780 DETERMINATIONS BASED UPON.
03:32 - 32.870 AND IN THE ALLEY CASE
03:32 - 35.780 BASED UPON THE DEFENDANT IN
03:32 - 39.050 THAT CASE HAVING USE. THERE IS
03:32 - 39.730 JUDGMENT.
03:32 - 43.590 CORRECTLY IN FILINGS AND SO
03:32 - 46.280 FORTH. THE FILINGS IN THIS BY
03:32 - 47.860 JUDGE LAZARUS HAS A QUESTION
03:32 - 48.340 WE'VE REACHED
03:32 - 49.030 THAT POINT.
03:32 - 50.400 >>OKAY, I'M SURE YOU'RE ON
03:32 - 52.280 THAT'S OKAY, YOU HAVE MORE
03:32 - 54.060 OPPORTUNITY TO JUST 4 YEARS.
03:33 - 06.940 JUDGE MEASURES ARE STILL
03:33 - 07.260 NEEDED.
03:33 - 13.840 I'M HERE NOW. THANK YOU.
03:33 - 20.340 COULD YOU FLY AND HAVE PROVEN.
03:33 - 24.210 HIS MENTAL CONDITION
03:33 - 26.040 WAS NOT SOMETHING THAT HE WOULD
03:33 - 27.630 HAVE KNOWN ABOUT WITHOUT THE
03:33 - 28.950 MEDICAL RECORDS, AN EXPERT
03:33 - 29.370 OPINION.
03:33 - 33.450 HE WOULD NOT HAVE BEEN ABLE TO
03:33 - 36.510 DO THAT AND THAT WAS PRECISELY
03:33 - 38.280 THE ARGUMENT WE WERE MAKING IN
03:33 - 39.200 THE COURT BELOW.
03:33 - 40.530 >>WITHOUT IT, I
03:33 - 43.230 KNOW WHEN EVEN IF HE PRESENTS
03:33 - 44.510 THIS EVIDENCE IN THE COURT
03:33 - 45.980 LOOKS AT THIS EVIDENCE.
03:33 - 47.790 >>AND SAYS NO THIS IS SOMETHING
03:33 - 48.690 THAT YOU SHOULD HAVE
03:33 - 50.650 KNOWN OR THERE THERE'S THE
03:33 - 51.770 EXPERT DOESN'T SAY THAT YOU
03:33 - 53.100 COULDN'T HAVE KNOWN IT BEFORE.
03:33 - 55.060 WITH OUR YOU CERTAINLY CAN'T
03:33 - 55.310 WAIT.
03:33 - 57.520 >>MAY I
03:33 - 00.130 JUST RESPOND BY SAYING AYE AYE
03:34 - 01.920 KNOWLEDGE ALL OF THAT I HAVE
03:34 - 03.890 KNOWLEDGE THAT IT'S A TOUGH
03:34 - 06.330 TRIP. FOR THIS DEFENDANT IN
03:34 - 09.120 THIS CASE AND A TRIP WE CAN'T
03:34 - 11.850 MAKE LOGICALLY LEGALLY OR ANY
03:34 - 14.230 OTHER WAY WITHOUT THE RECORDS
03:34 - 16.750 BECAUSE FRANKLY IT'S THE ONLY
03:34 - 17.450 AND I'M
03:34 - 19.940 I'M MAY AND IF I'M GOING BEYOND
03:34 - 22.570 THE RECORD I APOLOGIZE, BUT OF
03:34 - 23.560 WHICH WE KNOW
03:34 - 26.280 THE ONLY TREATMENT THAT HE EVER
03:34 - 28.510 RECEIVED OR MENTAL HEALTH CARE
03:34 - 30.620 OF ANY SIGNIFICANCE.
03:34 - 34.120 >>SINCE A 2000.
03:34 - 35.750 SHOW.
03:34 - 38.240 >>WE NEED THE RECORDS WE NEED
03:34 - 39.900 AN EXPERT TO REVIEW WHAT TO
03:34 - 42.810 KNOW WHETHER OR CLAIM HAS ANY
03:34 - 44.770 MERIT. WHETHER HE
03:34 - 46.830 WHETHER HE COULDN'T HAVE KNOWN
03:34 - 48.890 ABOUT HIS ILLNESS AND IN THAT
03:34 - 51.200 REGARD. BUT LET ME JUST POINT
03:34 - 53.000 OUT TO YOU AND I THINK IT'S A
03:34 - 54.950 LITTLE OVER THE TOP TO TAKE A
03:34 - 55.770 POSITION
03:34 - 58.320 THAT BUT AS SOMEBODY WHO IS
03:34 - 01.410 COMPROMISED IN THAT WAY SHOULD
03:35 - 04.290 BE ABLE TO. DETERMINED THAT
03:35 - 06.880 HE COMPROMISE WHEN THAT
03:35 - 08.910 COMPROMISE PREVENTION FROM
03:35 - 11.370 DOING THAT RESPECTFULLY I THINK
03:35 - 14.140 ALL WE NEED IS THE RECORDS AN
03:35 - 16.380 EXPERT REPORT AND THEN ALL OF
03:35 - 18.010 US WILL KNOW WHETHER WE HAVE A
03:35 - 18.940 VALID POINT.
03:35 - 22.180 >>ARE YOU ARE HEARING THAT THIS
03:35 - 23.500 IS A MATTER OF FUNDAMENTAL DUE
03:35 - 24.180 PROCESS.
03:35 - 27.800 >>AND AMONG OTHER THINGS HERE.
03:35 - 30.530 AND WE'VE ACTUALLY MADE THAT.
03:35 - 32.900 AND IN THE IN THE BRAIN.
03:35 - 34.110 THANK YOU.
03:35 - 35.760 >>THANK YOU GUYS. LAZARUS JUDGE
03:35 - 38.500 NICHOLS. SET OF QUESTIONS
03:35 - 39.750 REALLY A STRUGGLE.
03:35 - 42.360 BECAUSE THE SHOOTING INCIDENT
03:35 - 43.010 HAPPENED IN
03:35 - 44.210 2000 CORRECT.
03:35 - 48.820 >>TO 2009 YEAR OLD WHEN HE SHOT
03:35 - 51.770 ME HE WAS SHOT NOT THE
03:35 - 52.900 UNFORTUNATE IS THAT THEY WAS
03:35 - 54.420 THE VICTIM THE REVEREND BUT IS
03:35 - 56.330 IT AND SO AND RED BULL IS
03:35 - 58.380 STILL THERE THAT WAS IN 2000
03:35 - 59.420 THE TRIAL WHICH
03:35 - 01.650 WAS CONVICTED. THE MURDER 3
03:36 - 02.920 CONVICTION THAT HAPPENED IN
03:36 - 05.690 2010 IS CONVICTED. CORRECT, I
03:36 - 06.760 GUESS THE INCIDENT HAPPENED IN
03:36 - 09.030 2009 WHICH BANK. YEAH,
03:36 - 12.850 I'LL FIRST CISSE'S SECOND THE
03:36 - 16.250 CRA. SO THESE ISSUES OF
03:36 - 17.210 BEING RAISE
03:36 - 18.760 FOR THE FIRST TIME THOSE WORDS
03:36 - 20.380 THERE WAS NO COMPETENCY.
03:36 - 23.790 ISSUES RAISE A TRIAL.
03:36 - 28.280 IT WASN'T RIGHT OFF THE AND
03:36 - 30.190 THE BLOOD. IT WASN'T RAISED BY
03:36 - 31.380 TRIAL COUNSEL
03:36 - 33.720 AND I REPRESENTED
03:36 - 36.360 HIM POST A TRIAL ON THE PEACH
03:36 - 38.020 ERROR AND YOU'VE BEEN ON THE.
03:36 - 39.510 >>FIRST TRIAL MOTION.
03:36 - 41.760 I DIDN'T RAISE IT I WE WERE
03:36 - 44.530 SIMPLY NOT AWARE THAT THAT WAS.
03:36 - 45.980 CONDITION.
03:36 - 51.360 I KNOW THIS SO NEVER. TRIAL
03:36 - 51.730 COUNSEL
03:36 - 53.700 OR NEVER A BURGER SAID ANYTHING
03:36 - 54.650 YOU'RE TRACKING OUT YOU'RE
03:36 - 55.700 SAYING IN 20 POINT
03:36 - 58.310 NOW THERE'S NOTHING IN THE
03:36 - 00.040 RECORD OF THE 2010 TRIAL TO
03:37 - 01.780 SHOW THE COUNCIL. NO
03:37 - 05.210 HIS BEHAVIOR. INDICATIVE OF A
03:37 - 06.920 MENTAL HEALTH ISSUES AND THAT
03:37 - 10.530 MAY BE A COMPETENCY CONDUCTED
03:37 - 12.500 OR ANYTHING LIKE THAT. SO WHAT
03:37 - 15.230 THIS REALLY. SO THE WHOLE
03:37 - 15.850 TRIAL.
03:37 - 18.650 AND THIS IS OUR SECOND SERIES
03:37 - 20.210 AND THE FIRST TIME THIS IS THIS
03:37 - 22.700 IS COMING UP. NOW SO THAT'S WHY
03:37 - 25.550 THE HUGE ELEGANCE IS IS SUCH
03:37 - 26.900 A STRUGGLE. IN THIS
03:37 - 29.210 CASE UNDERSTAND AND HOW HE
03:37 - 30.370 COULD HAVE KNOWN.
03:37 - 32.790 YOU KNOW THE TRIAL THAT HE THAT
03:37 - 34.130 HE WAS HAVING SOME TROUBLE EVEN
03:37 - 35.380 IF HE WASN'T DIAGNOSED,
03:37 - 38.330 TYPICALLY. AND YOU'RE SAYING IT
03:37 - 40.310 WAS NO INDICATION OF ANY CASE
03:37 - 42.360 ANY MENTAL HEALTH. TROUBLE AT
03:37 - 42.640 ALL.
03:37 - 46.280 THAT THERE THERE WASN'T.
03:37 - 48.120 >>TO MY KNOWLEDGE AT THEIR
03:37 - 50.400 TRIAL. THERE WAS NO INDICATION.
03:37 - 52.890 BUT IN RESPONSE
03:37 - 53.580 TO YOUR.
03:37 - 57.230 DIFFICULT THE TRIP. THE
03:37 - 57.910 SURNAME,
03:37 - 01.060 HOW THIS I WOULD HAVE AFFECTED
03:38 - 02.920 HIM AT THE TIME, BUT NOBODY
03:38 - 05.750 NOTICE THAT. AND JUDGE
03:38 - 08.050 IT UP I UNDERSTAND THAT I
03:38 - 09.570 DON'T DISAGREE WITH THAT I'M
03:38 - 11.590 JUST ASKING FOR AN OPPORTUNITY
03:38 - 13.420 TO GET THE RECORDS OF THE FIRST
03:38 - 15.170 TIME HE'S BEEN TREATED
03:38 - 18.200 FOR ANY OF THOSE SINCE THE REAL
03:38 - 21.160 INJURIES TO HIM TO MAKE IT MAKE
03:38 - 22.440 THAT DETERMINATION.
03:38 - 24.460 >>IF YOU KNOW WHERE WE KNOW THE
03:38 - 26.400 WORDS BUT HE'S JUST A CHANCE TO
03:38 - 28.080 JUST LOOK AT IT AND SEE WHERE
03:38 - 30.800 IT IS THAT AS WELL. YEAH, AND
03:38 - 31.340 THEY COULD.
03:38 - 35.180 BUT THAT'S ESSENTIALLY CORRECT
03:38 - 37.770 AND TO THE EXTENT THAT ISSUE I
03:38 - 38.810 WOULD JUST POINT OUT THOUGH
03:38 - 40.640 THAT FOR THE TIME THAT WE
03:38 - 41.340 RAISE THAT.
03:38 - 44.180 >>WE HAD 60 DAYS FROM WHATEVER
03:38 - 46.030 WE DISCOVERED SOMETHING TO MOVE
03:38 - 47.510 FORWARD AND THAT'S WHEN WE
03:38 - 47.900 RAISED.
03:38 - 55.700 >>ANYONE ELSE ANY QUESTIONS.
03:38 - 00.440 I MISSED YOU STILL HAVE 2 MORE
03:39 - 00.880 MINUTES.
03:39 - 04.310 >>I I DON'T KNOW
03:39 - 05.780 THAT I HAVE 2 MORE MINUTES OF
03:39 - 08.160 THINGS TO SAY OTHER
03:39 - 13.180 I THINK THE LAW IS.
03:39 - 16.550 THE TIMELINESS IS
03:39 - 18.290 JURISDICTIONAL IT CAN'T BE
03:39 - 21.330 WAIVED. I THINK THE LAWS ALSO
03:39 - 24.520 CLEAR THAT IF YOU CAN SHOW.
03:39 - 27.360 THAT YOU DIDN'T RAISE IT.
03:39 - 28.890 FOR SOME VALID
03:39 - 31.490 REASON AND YOU USED DUE
03:39 - 33.880 DILIGENCE URINE TITLE SHOE.
03:39 - 36.850 THE REALLY OR YOU AT LEAST
03:39 - 37.980 ENTITLED TO.
03:39 - 42.080 IN THIS CASE I THINK WE HAVE
03:39 - 44.160 MADE OUT RATHER PLAINLY
03:39 - 46.270 THAT WE DON'T HAVE
03:39 - 49.440 THAT INFORMATION BECAUSE
03:39 - 53.640 MISTER REAL OF TORO HAS NOT
03:39 - 58.480 ACTIVELY PURSUED WITH RESPECT
03:39 - 00.180 TO MEDICAL CARE TREATMENT
03:40 - 02.560 MEDICATION ANY OF THAT. A
03:40 - 04.420 LOT OF SO FOR THESE
03:40 - 06.960 REASONS FOR FOR EVER TO MY
03:40 - 08.250 KNOWLEDGE, ALTHOUGH THERE MAY
03:40 - 09.150 HAVE BEEN EARLIER
03:40 - 11.830 TIMES WHEN WHEN THAT WAS WHEN
03:40 - 14.050 HE WAS TREATED I DON'T KNOW
03:40 - 16.480 THAT UNTIL WE GET THE MEDICAL
03:40 - 16.700 RIGHT.
03:40 - 19.180 ASKING FOR.
03:40 - 20.980 >>WE'LL WRAP UP YOUR ARGUMENT
03:40 - 22.470 WITH A QUESTION BY JUDGE AND A
03:40 - 23.150 JUDGE BRANDED.
03:40 - 28.340 I WAS TOLD YOU HAD A QUESTION.
03:40 - 39.570 >>NO I I DO NOT HAVE A
03:40 - 42.670 SO I HOPE FOR HUMAN SCENT GUY
03:40 - 45.690 DID AND THAT'S OKAY. IT'S NOT.
03:40 - 48.620 >>AND I THINK WE UNDERSTAND
03:40 - 49.770 MISTER ARE YOU REALLY LOOKING
03:40 - 51.110 FOR THESE RECORDS TO SEE IF YOU
03:40 - 52.410 SHOULD TAKE IT TO THE NEXT STEP
03:40 - 52.810 OR NOT.
03:40 - 56.610 >>WITH THAT LET'S HEAR FROM THE
03:40 - 57.940 COMMONWEALTH FROM THE WORLD.
03:41 - 01.300 I'M
03:41 - 11.220 BODY. THIS SEEMS TO BE A
03:41 - 13.360 FEEDBACK THAT I'M HEARING OKAY
03:41 - 14.880 PER CENT A GALLON GARRETT SEEMS
03:41 - 15.440 LIKE YOU'RE.
03:41 - 18.410 >>MICROPHONE HAS HAS ECHO ON
03:41 - 20.180 IT SO WHENEVER YOU'RE NOT
03:41 - 21.130 SPEAKING, I'M GOING TO JUST
03:41 - 22.680 MEDIA SO WE CAN ELIMINATE THAT
03:41 - 23.270 TO SAY THAT.
03:41 - 28.850 >>I STARTED I'M HIGH.
03:41 - 30.950 BUT OFTEN IN EVERY WOMAN IN A
03:41 - 33.160 PUBLIC OUTCRY FROM FALLING OFF
03:41 - 33.870 OF A FLOWER.
03:41 - 38.160 A COUPLE SIMPLIFY WHAT IS NOT A
03:41 - 40.780 SIMPLE ISSUE REGARDING THE PCI
03:41 - 46.760 THIS STORY ON BOTH THE
03:41 - 50.020 BOUGHT. LOOKING OFF TO
03:41 - 52.360 THE RIGHT. I WANT ALL THE LOCAL
03:41 - 54.650 LOOKING OUT. HE'S OUR 5 I
03:41 - 57.910 WAS FINE. 5 WHICH ISN'T JUST
03:41 - 59.860 IT'S NOT POSSIBLE. ALONG WITH
03:41 - 00.960 TALKING ABOUT THE ROCKFORD
03:42 - 03.470 FILES. I WAS BROUGHT HOME WITH
03:42 - 04.940 HIM HOLD ON MEDICAL WORKERS.
03:42 - 11.080 COOLEY BY 9 A TERRIBLE CRIMINAL
03:42 - 23.770 LONG I HOPE TO A FIRE. A LOT
03:42 - 24.230 OF FUN.
03:42 - 26.740 WELL AND WITH THE
03:42 - 28.870 COURT'S TABLE. THE PCR FOR
03:42 - 30.980 STABILITY FOR DISCOVERY IS THE
03:42 - 33.030 CLUE AT ALL A LOT OF BIRTH AT
03:42 - 33.890 HOME. I WILL
03:42 - 37.340 SAY GOODBYE. FOLLOWED BY SOME
03:42 - 38.080 TO COME BY.
03:42 - 44.480 I DID NOT QUALIFY.
03:42 - 50.030 AND BOTH OFFER FROM OUR WATCH.
03:42 - 54.770 HOT.
03:42 - 58.190 WE'LL FOLLOW VERY CLEARLY BEEN
03:42 - 59.940 A LOT OF. YEAH.
03:43 - 05.800 HE SUFFERS FROM A TRAUMATIC
03:43 - 06.320 BRAIN INJURY.
03:43 - 12.200 I FEEL AWFUL.
03:43 - 17.090 I'M HOME FREE.
03:43 - 21.690 THE OCTOMOM.
03:43 - 24.370 ALSO HAVE A LITTLE FUN OF ALL
03:43 - 25.940 ALSO DOUBLE TRIAL.
03:43 - 34.070 THE LITTLE GIRL. MY HOME
03:43 - 35.580 WAS BOUGHT BEFORE LONG
03:43 - 53.000 KNOCKED OFF HOPEFUL. YOU.
03:43 - 56.510 WE TALK ABOUT OFTEN.
03:44 - 06.220 CORLEY
03:44 - 09.920 CALL. HE HOPES THE FIGHT THE
03:44 - 11.890 WALL PEOPLE INVOLVED IN THE
03:44 - 12.060 CAR.
03:44 - 16.150 SOME RAIN OFF OF IT COFFEE.
03:44 - 22.270 WRONG.
03:44 - 25.100 ALL THE WAY TO IMPROVING, BUT
03:44 - 27.340 HE OPTED WANT TO SEE IT GOES
03:44 - 28.910 THAT WAY WE'LL SPEAK OR
03:44 - 31.380 MODIFIED FORM AND WE GO THROUGH
03:44 - 32.800 THE WHOLE CRIMINAL PROCEDURE
03:44 - 36.420 ALL WE LOVE PLAYING COUPLE
03:44 - 38.780 STORM. ALL MY HEART.
03:44 - 42.270 PCI
03:44 - 44.760 TO FALL TO A HOMELESS GUY WHO
03:44 - 46.570 HELPED US BOB. ALL.
03:44 - 50.680 HIGH OR MORE. IT WAS NOT THE
03:44 - 52.250 CASE FOR ALL
03:44 - 53.510 GREAT HALL.
03:44 - 57.540 AVAILABLE FROM A LOCAL CPA FOR
03:44 - 00.610 LEGAL POT OF HOT. PEOPLE LOT
03:45 - 04.650 OF HOT. REALLY BEHIND ALL THE
03:45 - 05.260 HOST LAW.
03:45 - 09.280 THERE ARE CASES WHERE CASES GO
03:45 - 09.570 CAR.
03:45 - 17.300 THE PUBLIC LAST BEFORE THEY
03:45 - 19.830 COME OUT TO MY AWESOME CALL FOR
03:45 - 21.800 ALL ASSISTANT I'M HERE
03:45 - 23.610 TO SEE IT POSSIBLE FOR FOLKS IS
03:45 - 25.300 WHAT WE HAVE HERE A LOT OF
03:45 - 36.810 IT IS
03:45 - 38.100 TIME BOMB PEOPLE
03:45 - 40.340 MODIFIED FORM AND EVEN THE
03:45 - 42.250 PEOPLE WHO DISMISS A LOT OF PCI
03:45 - 44.600 COURT. BY FALL.
03:45 - 54.510 START TO BE A YEARS WHICH
03:45 - 54.750 THERE.
03:45 - 55.540 >>I JUDGED TO
03:45 - 00.850 >>THANK YOU MAJOR IN AFTERNOON.
03:46 - 05.230 THE COUNCIL I BELIEVE ON OUR
03:46 - 07.640 SUPREME COURT PRECEDENT HAS
03:46 - 08.900 REQUIRED US TO VIEW
03:46 - 11.570 JURISDICTIONAL ISSUES REGARDING
03:46 - 13.480 TIMELINESS AND THE P SARA
03:46 - 15.200 DIFFERENT FROM HAVE
03:46 - 17.000 NOW ON THE COURT NEEDS TO LOOK
03:46 - 18.350 AT THE MERITS OF THE CASE.
03:46 - 22.590 AND A PETITION IS FILED AND ITS
03:46 - 25.950 REVIEW FOR TIMELINESS I BELIEVE
03:46 - 28.380 THE PETITION AND THE COURT HAS
03:46 - 30.940 TO ON ITS FACE. I CHECKED THE
03:46 - 32.360 UBER MENTION THE PETITION.
03:46 - 34.100 I WANT TO LOOKING AT YOUR
03:46 - 36.550 STATION. AND WE SAW
03:46 - 38.310 THAT FIRST BEFORE
03:46 - 39.680 THAT IT COULD DECIDE WHETHER IT
03:46 - 41.210 BELIEVES THE LIMITS OF THE
03:46 - 43.080 PETITION. SO IN
03:46 - 45.090 THIS CASE. YOU HAVE A PETITION
03:46 - 46.580 HERE WERE COUNCIL ALLEGES IN
03:46 - 49.420 2018. HIS CLIENT WAS TOLD WHEN
03:46 - 50.650 HE WAS PUT IN A MENTAL HEALTH
03:46 - 53.400 UNIT. BEEN SOME PROBLEM HERE.
03:46 - 54.760 YOU CAN MENTALLY WHEN HE WAS
03:46 - 56.810 TRIED. HE'S PLAYED DAY.
03:46 - 59.500 I URGE HIM IN HIS PETITION.
03:46 - 00.960 AND THE COURT
03:47 - 02.660 AND IT IS OBLIGATED TO ACCEPT
03:47 - 04.650 THOSE FACTS BUT THEY DETERMINE
03:47 - 06.030 IF THAT WAS DISCOVERED WITH DUE
03:47 - 08.260 DILIGENCE AND THE COURT HAS NO
03:47 - 10.360 HEARING. HOW DOES THE COURT
03:47 - 10.920 THAT KILLED HIM
03:47 - 13.190 NUMBER ONE. WELL THE DUE
03:47 - 16.180 DILIGENCE WAS EXERCISE OUT OF
03:47 - 18.560 HERE. AND THEN NUMBER 2.
03:47 - 20.280 THE
03:47 - 22.060 DEFENDANT CAPABLE OF
03:47 - 23.150 INVESTIGATING.
03:47 - 25.390 WHAT HE'S BEEN TOLD BY HIS
03:47 - 27.610 MENTAL HIS OWN RECORDS.
03:47 - 29.680 NOW. SO I'M JUST FOCUSING AT
03:47 - 31.350 THE JURISDICTIONAL ISSUE, I'M
03:47 - 33.110 NOT LOOKING AT THE MERITS WHICH
03:47 - 34.030 IS WHAT I HOPE FOR YOUR
03:47 - 35.840 ARGUMENT BE HERE ON
03:47 - 37.490 YOUR STATION HAS THE COURT
03:47 - 39.350 THROW THIS OUT. I MEAN HE
03:47 - 40.550 REALLY WANTED DILIGENCE.
03:47 - 45.290 HAS TO DO THAT ONE HAS TO
03:47 - 46.480 ACCEPT WITH CLEGG IN THE
03:47 - 47.010 PETITION.
03:47 - 51.990 >>THE HEARING WAS
03:47 - 54.720 ALL ABOUT I'LL SEE YOU AT THE
03:47 - 56.060 ARGUMENT ITSELF. WELL.
03:47 - 59.330 HEARING KELSO
03:47 - 00.930 HIMSELF MADE REPRESENTATIONS
03:48 - 02.920 OFF I PULLED OFF OF A SOURCE OF
03:48 - 03.580 THE PROBLEM.
03:48 - 07.320 I'M THE TYPE OF SEATING THE
03:48 - 08.860 COURT ITSELF MAY OFF-BASE
03:48 - 12.240 >>I'M TALKING ABOUT THAT NOT
03:48 - 13.620 ABOUT HIS OFFENSE IS ABOUT IS
03:48 - 16.250 MENTAL HEALTH. OBSERVATIONS
03:48 - 20.300 HE WAS FIRST TOLD ABOUT THIS IN
03:48 - 21.120 2018.
03:48 - 23.990 >>I NEEDED TO COME UP WITH
03:48 - 25.680 THE FIRE. YOU'RE ARGUING ON YOU
03:48 - 27.040 OR YOU THOUGHT THAT WAS PRETTY
03:48 - 29.230 45. NO SCORE. RECENTLY CALLED
03:48 - 30.730 DIAGNOSES
03:48 - 36.890 >>PETITIONING TIMELY.
03:48 - 40.130 WELL THAT TIME IN 2018 WHEN THE
03:48 - 42.050 DEFENDANT WAS ADVISED. IT FEELS
03:48 - 43.120 A POSSIBLE ISSUE WITH HIS
03:48 - 44.830 MENTAL ALL AND THE TIME HE WAS
03:48 - 45.230 TRIED.
03:48 - 48.350 >>I SEE A LOT YOUR HONOR IS
03:48 - 54.880 >>THAT'S THE AMERICAN PEOPLE.
03:48 - 57.530 THAT'S ALL WE'RE LOOKING FOR.
03:48 - 58.720 >>I UNDERSTAND WHAT YOU'RE
03:48 - 59.910 SAYING, BUT YOU KNOW ABOUT HOW
03:48 - 00.880 TO GET HOME.
03:49 - 05.980 YEAH INDELIBLE IF YOU LOOK AT
03:49 - 07.420 THE LOCAL LEVEL FOR CRUDE OFF
03:49 - 09.090 FROM RESPONDING A LOT OF
03:49 - 14.070 >>TERMINAL A HEARING. I MEAN
03:49 - 15.250 WITH THAT IN A MINUTE ARE YOU.
03:49 - 18.030 >>BECAUSE THE DELEGATES FROM
03:49 - 19.260 BOTH RECORD IN MOST CASES
03:49 - 20.540 OFFICIAL WITH OUT OF THAT
03:49 - 22.280 HEARING ON THE BALLOT THIS
03:49 - 22.710 FALL.
03:49 - 25.970 SOME CASES AS PROOF HE DID THIS
03:49 - 26.830 IN 2008.
03:49 - 30.770 TOPICAL HE HAS BEEN KNOWN TO
03:49 - 33.130 HOME THE MALCOLM A YOU GOT PUT
03:49 - 35.880 SOME FIRE. SOMEWHERE ALONG THE
03:49 - 38.100 WALL. A YEAR OR
03:49 - 39.470 EARLY HERE SOMEWHERE IN THE
03:49 - 42.500 MY WHOLE.
03:49 - 46.240 >>ALL WITHOUT LOOKING AT THE
03:49 - 47.420 MARRIAGE IF YOU ACCEPT THIS
03:49 - 49.440 PETITION IS THERE, I'M
03:49 - 50.540 SUFFERING FROM A MENTAL
03:49 - 52.440 ILLNESS. A MODEL WHERE THE
03:49 - 53.480 SUFFERING FROM A MENTAL
03:49 - 55.040 ILLNESS. SOMEONE TOLD ME IN
03:49 - 57.890 2018. I WAS MENTALLY ILL THAT
03:49 - 59.300 MAY BE AFFECTED MY TRIAL.
03:50 - 02.560 WE HAVE TO ACCEPT THAT AS
03:50 - 04.000 TRUE FOR PURPOSES OF JURORS THE
03:50 - 05.380 JURISDICTIONAL ISSUES, NOT
03:50 - 06.790 NECESSARILY ON THE MERITS.
03:50 - 10.100 >>WORTH 6 POINTS YOU OUT.
03:50 - 15.420 MEDICAL DOCTOR
03:50 - 20.120 FOR I WILL TELL YOU ON THE FACE
03:50 - 20.920 OF ALL WHO
03:50 - 22.620 HELPED HIM ALL OF THEM ARE A
03:50 - 24.280 LOT OF AWESOME EVEN A FEW OF
03:50 - 26.100 THEM THAT ARE STILL IN JAIL.
03:50 - 29.000 THE MISSILE WAS SO HOT FOR THE
03:50 - 30.850 QUARTER FROM THAT POINT ON
03:50 - 31.280 BASEBALL.
03:50 - 34.240 >>I THINK I JUST AND I THINK
03:50 - 35.840 YOU COUNCIL. THANK YOU.
03:50 - 38.730 >>JUDGE LAZARUS DID YOU HAVE A
03:50 - 39.790 QUESTION I DID.
03:50 - 50.420 >>IT SEEMS TO ME THAT THAT'S
03:50 - 51.850 ALMOST POST OAK REASONING.
03:50 - 52.600 HE HAS A
03:50 - 55.520 MENTAL ILLNESS. SO THE FIRST
03:50 - 57.270 TIME HE TOLD ME HE HAS A MENTAL
03:50 - 58.920 ILLNESS. HE WANTS TO GET THE
03:50 - 00.420 RECORDS AND FIND OUT WHAT THIS
03:51 - 02.040 IS ABOUT AND IT SAYS DUE
03:51 - 04.110 DILIGENCE ABOUT IT BUT BECAUSE
03:51 - 05.280 HE'S HAD BUT BECAUSE
03:51 - 07.130 HE HAS THE ONLY HAS A MENTAL
03:51 - 08.710 ILLNESS BEFOREHAND AND HE HAD
03:51 - 09.960 NO WAY OF KNOWING THAT HE HAD
03:51 - 11.660 IT IS CLEAR FROM GETTING THE
03:51 - 12.000 RECORD.
03:51 - 15.180 THAT STRIKES ME IS AS REALLY
03:51 - 16.430 BEING CLOSE TO FREEZING.
03:51 - 21.880 >>WHILE HE MAY BE ABLE TO GET
03:51 - 22.270 THE RAPPER.
03:51 - 30.720 BY POSSIBLE WHO FILED BY DOUBLE
03:51 - 32.740 A SUMMARY OF ABOUT POLICY.
03:51 - 36.670 LONGER HAUL -12.
03:51 - 43.150 >>I CHOOSE FROM ANYBODY ELSE.
03:51 - 45.050 I DOUBT IT WOULD YOU LIKE TO
03:51 - 45.520 SUM UP.
03:51 - 48.700 >>I WOULD
03:51 - 50.210 JUST ENCOURAGE I DON'T WANT TO
03:51 - 51.590 REFER TO TAKE MY GRIEF I THINK
03:51 - 53.190 ISIS IS EVEN A BRIEF AND I
03:51 - 54.490 THINK QUITE FRANKLY THE
03:51 - 55.820 ARGUMENTS PRESENTED DURING THE
03:51 - 57.150 HEARING ON THE COURT STATEMENT
03:51 - 57.920 FROM THE HEARING.
03:51 - 01.660 A SOLID. BASES THE ORDER BY THE
03:52 - 03.630 CYCLE OF HOME MEDICAL OFFICER.
03:52 - 05.080 >>THANK YOU
03:52 - 07.010 VERY MUCH, I'M JUST SO OUR YOU
03:52 - 08.110 HAVE ONE MINUTE OF HER BODY.
03:52 - 13.300 >>BUT TAKE HEART. I'M SORRY MY
03:52 - 15.350 AND MIKE I'M BEING HEARD.
03:52 - 18.120 >>I WANT. I'M SORRY OKAY
03:52 - 20.260 THE ONLY. ISSUES I WOULD LIKE
03:52 - 20.390 TO
03:52 - 22.490 ADDRESS IS FIRST OF ALL THERE'S
03:52 - 23.920 AN ALLEGATION THAT THERE WAS
03:52 - 25.550 NOTHING APPARENT OVER THE
03:52 - 27.860 YEARS, SO THEREFORE HOW COULD
03:52 - 30.130 IT HAVE BEEN TRUE THAT HE
03:52 - 32.110 WAS INCOMPETENT. WELL THE
03:52 - 34.290 ANSWER IS I DON'T KNOW AND NOR
03:52 - 35.430 DOES ANYONE ELSE.
03:52 - 37.760 A JUDGE CANNOT MAKE THAT
03:52 - 40.520 DETERMINATION BASED UPON WHAT
03:52 - 43.500 THE JUDGE SAW OR AT THE HEARING
03:52 - 44.910 OR TRIAL. THE OTHER
03:52 - 46.350 ISSUE IS UNDER
03:52 - 49.480 SECTION 9 '02 OF THE RULE THAT
03:52 - 50.630 TO WHICH COUNCIL HAS
03:52 - 51.630 REPEATEDLY.
03:52 - 55.960 REFERRED THE RULES SPECIFICALLY
03:52 - 58.110 PROVIDES THAT THE COURT CASE.
03:52 - 00.550 UNDER EXTRAORDINARY
03:53 - 02.440 CIRCUMSTANCES, DEMAND
03:53 - 05.690 TO DISCOVER AND THIS THESE ARE
03:53 - 07.180 EXTRAORDINARY I DON'T KNOW WHAT
03:53 - 08.840 IT'S SOMEBODY HAS RECENTLY
03:53 - 10.500 DIAGNOSED SOMEBODY SAYS
03:53 - 13.220 OKAY I WANT MY RECORDS SHOW I
03:53 - 14.630 CAN FIGURE OUT WHETHER
03:53 - 18.070 THIS MATTERS AND THE OC AT THIS
03:53 - 19.540 POINT AT LEAST WAS SAYING
03:53 - 22.110 NO, YOU KNOW WE CAN'T TURN OVER
03:53 - 22.670 THE RECORDS.
03:53 - 24.980 DISCOVERY WAS NOT ONLY
03:53 - 27.190 WARRANTED BUT ABSOLUTELY
03:53 - 29.670 NECESSARY TO RESOLVE THE ISSUE
03:53 - 30.530 IN THIS CASE.
03:53 - 32.250 IT WAS NOTHING WRONG WITH A
03:53 - 33.930 STRAIGHT QUESTION IN DISCOVERY
03:53 - 35.650 AND WE SHOULD HAVE BEEN GREAT.
03:53 - 37.280 THANK YOU. THANK YOU
03:53 - 39.330 MISTER LAUER COUNCIL THANK YOU
03:53 - 41.050 VERY ANOTHER VERY GOOD
03:53 - 41.510 ARGUMENT.
03:53 - 43.340 >>THAT'S GOING TO CONCLUDE AS
03:53 - 44.370 SESSION FOR TODAY.
03:53 - 46.910 ALL LET ME THANK ALL THE
03:53 - 49.010 LAWYERS BUT I WANT TO EXTEND MY
03:53 - 50.610 THANKS TO THE JUDGES WHO
03:53 - 52.220 PARTICIPATED WITH YOU TODAY.
03:53 - 54.670 THIS WAS A VERY PRODUCTIVE
03:53 - 56.750 SESSION AND I THANK ALL OF YOU
03:53 - 57.910 FOR PARTICIPATING WITH
03:53 - 59.210 UNDERSTANDING OF YOUR FELLOW
03:53 - 01.180 JUDGES AND THE WAY YOU HANDLE
03:54 - 02.090 THIS. SO THANK
03:54 - 03.780 YOU ALL AND WITH THAT MISTER
03:54 - 05.240 MORRISSEY HE WANTED TO CLEAR A
03:54 - 06.330 SAY IN A GERMAN.
03:54 - 10.570 I LIKE THE WAY HE SAYS THAT
03:54 - 12.230 THANK YOU I.
PA Commonwealth Court En Banc Session 2025-09-10
PA Commonwealth Court En Banc Session 2022-03-09
The Great Success of Downtown Centers Across the Commonwealth: Inside PA Boroughs