00:00 - >>GOOD MORNING ALL WELCOME

00:02 - YOU IN. THE FINAL DAY

00:05 - OF APRIL.

00:06 - >>ARGUMENT SESSION, THE DEFENSE

00:08 - MAY SCREAM COURT. RECOGNIZE

00:10 - WE'RE NOT IN THE COURTROOM, BUT

00:12 - YOU HAVE A LIVE VIEW TO ART.

00:15 - YOU TO OUR AUDIENCE.

00:17 - THE PROTOCOL IS OUT IN THESE

00:19 - CASES VERY BRIEF IN

00:21 - A STATEMENT.

00:22 - >>AND CALLED YEARS TO TRY TO

00:29 - DO OR.

00:31 - >>APPRECIATE THEM.

00:32 - >>WHO OR IS IT NOT BEEN.

00:35 - >>THE CIVIC CENTER COURT SYSTEM

00:36 - TO WATCH.

00:38 - >>TRYING TO GET IN.

00:40 - >>THE FIRST ARGUMENT IS

00:41 - CHARLENE M RELICS MYTHS VERSUS

00:44 - BETTY J RELIC AND

00:45 - KIMBERLY BASIL REPRESENTING

00:48 - MISTER OWEN SMITH IS MISTER JUG

00:49 - CARMELA PLEASED IS MR. JESSE

00:53 - DAVID DANIEL.

00:56 - THIS CASE CONCERNS THAT MORE

00:58 - THAN 8 YEARS IN A RULE.

01:00 - >>THEY FIRST TRIAL WAS OVERSEEN

01:02 - BY A JUDGE TO DETERMINE THAT

01:04 - POLICE HAD FAILED THE PLEA

01:06 - THE DEFENSE. THE STATUTE OF

01:08 - LIMITATIONS IN AN ANSWER TO ANY

01:10 - NEW APP ACCORDING TO THE JUDGE

01:12 - BARRED APTLY ARGUING THAT THE

01:15 - LIMITATIONS. DURING A

01:17 - CROWD PROCEEDING. FOLLOWING AN

01:19 - APPEAL REGARDING SEPARATE TRIAL

01:21 - FOR THE TERMINATION

01:23 - THE CASE WITH THE REVERSE THE

01:25 - MANDATE BY SUPERIOR

01:26 - COURT TRIAL. THE INITIAL TRIAL

01:29 - JUDGE WHO RETIRED IN THE CASE

01:30 - BUT THEN OVERSEEN BY A SECOND

01:32 - TRIAL JUDGE. THE AP POLICE

01:34 - FOUND A MOTION TO AMEND THEIR

01:36 - ANSWER. THEY HAD FOR YOUR FANS

01:39 - STATUTE OF LIMITATIONS THAT

01:41 - THAT JUDGE THE SECOND TRIAL

01:43 - JUDGE EXERCISED HIS DISCRETION

01:45 - IN GRANTING THEM.

01:46 - THIS COURT FOR AN ALLOWANCE OF

01:48 - APPEAL DUE WHETHER THE 4

01:50 - TEENAGERS 6 YEAR-OLD INCLUDED

01:52 - THE SECOND

01:52 - TRIAL JUDGE FROM GRANTING OF

01:54 - KELLY'S ALLOWANCE TO AMEND OR

01:56 - PLEADINGS THAT THE AFFIRMATIVE

01:58 - DEFENSE OF THE STATUTE

01:59 - OF LIMITATIONS AND FOR THE

02:00 - FIRST PROJECT TO THIS THE WAY

02:03 - TO TELL YOU TO LEAVE.

02:06 - MISTER CARMELA IN ADDITION TELL

02:13 - >>MY NAME IS ALLY

02:15 - THEY HAVE PLEASE THE COURT.

02:16 - I APPRECIATE ON ALL OF ALL

02:18 - OF YOU. LET MY MY CLIENT AND I

02:21 - PRESENT OUR CASE TO THE TO THE

02:22 - COURT TODAY.

02:24 - ON THE THE ISSUE BEFORE THE

02:26 - COURT IS IS FAIRLY.

02:29 - SIMPLE IT IS NOT OVERLY COMPLEX

02:31 - WE'RE ASKING THIS

02:32 - HONORABLE COURT. THE FUN SPIRIT

02:34 - COURT ERRED AFFIRMING THE TRIAL

02:35 - COURT'S DECISION TO PERMIT THE

02:37 - DEFENDANTS THE AIR TO AMEND

02:39 - THEIR ANSWER TO INCLUDE THE

02:40 - AFFIRMATIVE DEFENSE. THE ACTION

02:42 - WAS BARRED BY THE STATUTE

02:43 - LIMITATIONS AS MISTER CHIEF

02:45 - JUSTICE SAID THIS IS

02:46 - BASED ON ON THE LONG THE CASE

02:48 - TALKING IN PENNSYLVANIA,

02:49 - SPECIFICALLY THE 4 MAJORS

02:51 - FICTION RULE THAT IS CONTAINED

02:52 - INSIDE THOSE FAMILY LAW.

02:55 - THE MAJORITY OF THE SUPERIOR

02:56 - COURT AND SPEAKING IN A

02:58 - DECISION TO AFFIRM. THE

03:01 - TRIAL COURT USED

03:03 - ONE PARAGRAPH TO FIND ALONG THE

03:06 - CASE DOCTOR DID NOT FLY

03:09 - BECAUSE OF THE FACT THAT JUDGE

03:10 - THE TRIAL COURT JUDGE JUDGE

03:12 - NOBLE

03:12 - JUDGE CANNOT AND THEN THE

03:13 - LEADER TRIAL COURT JUDGE YOU

03:14 - ARE JUST BE ANKLE REDRESS A

03:17 - DIFFERENT PROCEDURAL QUESTIONS.

03:20 - WE DISAGREE WITH THIS OPINION.

03:26 - ON

03:26 - WAS FILED. EXCUSE ME IN OCTOBER

03:29 - OF

03:29 - 2014. NO AFFIRMATIVE DEFENSES

03:32 - WERE DRESSED IN THAT INITIAL

03:35 - 2014. 4 MONTHS LATER IN

03:38 - FEBRUARY OF

03:39 - 2015 THE ALLEYS FILED A MOTION

03:42 - TO DISMISS THE ACTION ON 2

03:44 - SEPARATE GROUNDS, ONE OF WHICH

03:45 - IS NOT

03:46 - RELEVANT TODAY. THE CENTRE

03:47 - GROUND WAS THAT THE ACTION

03:49 - SHOULD HAVE BEEN FAR BY THE

03:51 - STATUTE OF LIMITATIONS,

03:52 - THE JUDGE HAS HAS STATED

03:54 - ON RULED THAT THAT THAT THEIR

03:56 - EFFORT TO BOARD THE ACTION

03:57 - BECAUSE THE STATUTE OF

03:58 - LIMITATIONS.

04:01 - IT WAS NOT FILE PROPERLY OR IN

04:03 - THEIR ANSWER UNDER AND

04:04 - REQUIRED UNDER UNDER THE NEW

04:05 - RULES CIVIL PROCEDURE

04:07 - 1030 THAT THEIR ABILITY TO

04:09 - ASSERT THAT THE PERMANENT

04:11 - DEFENSE WAS WAY ON AN

04:13 - APPEAL HEARD ON A SEPARATE

04:15 - MATTER NO CROSS APPEAL WAS

04:17 - FILED BY THE TALLIES ON THE

04:19 - ISSUE THAT THERE ALTHOUGH FROM

04:21 - A TOUGH DEFENSE WAS WAIVED.

04:23 - AS A RESULT BE ULTIMATELY A

04:25 - YEAR LATER THE CASE WAS

04:26 - REMANDED. EXCUSE ME TO THE

04:29 - CROWD OR THE DISCOVERY WAS HELD

04:32 - ANOTHER YEAR WENT BY. THEY HAVE

04:34 - FILED A MOTION FOR

04:35 - SUMMARY JUDGMENT MAKING NO

04:37 - REFERENCE TO THE FACT THAT THE

04:39 - ACTUALLY SHOULD BE BARRED BY

04:40 - THE STATUTE LIMITATIONS.

04:41 - A 3RD JUDGE, THE HONORABLE

04:43 - PRESIDENT JUDGE WILLIAM MARTIN

04:45 - DISMISSED THAT NOTION

04:46 - AND THEN ULTIMATELY APPROACHED

04:48 - ME ABOUT A YEAR LATER 3 MONTHS

04:49 - BEFORE TRIAL.

04:51 - THE PELLYS SOT TO AMEND THEIR

04:53 - ANSWER TO THE CLUE.

04:55 - THE AFFIRMATIVE DEFENSE OF

04:56 - STATUE LIMITATIONS AMONG OTHER

04:58 - AFFIRMATIVE DEFENSES.

05:01 - PELLYS NOW REFER TO THE MOTION

05:03 - TO DISMISS IN THEIR BRIEF TO

05:05 - THIS SPORT. THEY'RE NOW AFRAID

05:07 - TO THE MOTION DISMISS THAT WAS

05:08 - FOUND IN ON.

05:10 - FEBRUARY OF 2015 AS WHAT

05:12 - ESSENTIALLY AMOUNTED TO A

05:13 - MOTION FOR JUDGMENT ON THE

05:15 - PLEADINGS AND THAT THEIR

05:16 - FAILURE

05:16 - TO INCLUDE ANY AFFIRMATIVE

05:19 - DEFENSES IN THEIR ORIGINAL

05:21 - FILING IN OCTOBER OF

05:22 - 2000 14 WAS MERELY AN

05:25 - INADVERTENT OVERSIGHT. ALL

05:27 - PRIOR COUNSEL FOR THE APPELLATE

05:28 - EASE. HOWEVER WE WE BELIEVE

05:30 - THAT THE RECORD SHOWS. THAT

05:33 - THAT IS NOT THE CASE.

05:37 - COUNTIES UNDER PRIOR COUNSEL

05:39 - MADE A STRATEGIC DECISION IN

05:41 - 2015 TO NOT SEE

05:44 - TO AMEND THEIR ANSWER TO

05:45 - INCLUDE

05:46 - AFFIRMATIVE DEFENSES THEY WERE

05:48 - ON THE U.S. LEE AWARE OF

05:49 - THE POTENTIAL ON THE ISSUE THAT

05:51 - THE STATUE OF LIMITATIONS HAD

05:52 - HAD WRONG OR THAT WOULD BE

05:54 - ACTUALLY BARRED BY

05:54 - THE STATUTE. INSTEAD OF FILING

05:57 - UNDER 1033 TO AMEND THEIR.

06:00 - THEIR ANSWER INCLUDE THOSE

06:02 - AFFIRMATIVE DEFENSES THEY

06:03 - INSTEAD SOUGHT TO FILE A

06:05 - DESPONDENT OR EMOTION TO HAVE

06:07 - THE CASE DISMISSED UNDER THE

06:09 - AFFIRMATIVE DEFENSE OF THE

06:10 - ACTION

06:10 - WE ARE.

06:11 - >>MISTER CARMEL NEW CHIEF DEATH

06:14 - ERIN IN THERE WILL BE ON 2

06:17 - MINUTES. I HOPE YOU HAD THE

06:18 - CHANCE TO INTRODUCE YOUR CASE

06:19 - THE APPROPRIATELY.

06:22 - I THINK YOUR ARGUMENT IN MAKING

06:24 - TO US IS THERE A TRIAL JUDGE

06:27 - WHO PERMITTED

06:28 - THE AMENDMENT TO BE ANSWERING

06:31 - TO MATTER AT THE STATUE OF

06:32 - LIMITATIONS ABUSED HIS

06:34 - DISCRETION.

06:37 - THAT HE WAS FOUND BY THE OR

06:39 - INJURES 6, 4,

06:41 - THEY SAY THAT BECAUSE IT SEEMS

06:43 - TO ME THAT HE INITIAL DECISION.

06:48 - AT TRIAL.

06:51 - IN THE DECISION WAS THAT THEY

06:53 - WOULD NOT BE PROUD JUDGE NOT

06:54 - PERMIT THE AMENDMENT THE

06:56 - CLEANING AND AT

06:58 - THAT JUNCTURE. THE SECOND TIME

07:00 - WAS DURING PRETRIAL PROCEEDINGS

07:02 - AS YOU DESCRIBED 3 MONTHS PRIOR

07:04 - TO TRIAL. IN THE TRIAL JUDGE

07:07 - THE MOTION OR HAD A

07:09 - CONSIDERATION, THE DIFFERENT

07:11 - INCOME.

07:12 - THAT WAS NOT SHOULD I ALLOW

07:13 - THEM TO. ARE YOU SOMETHING THE

07:16 - SAME WAY PRETRIAL NONA ORA

07:19 - TRIAL RATHER WAS TOO

07:20 - MUCH BEFORE SURE

07:22 - HOW LONG AND AN AMENDMENT TO

07:25 - CLEAN YOUR FREELY. THE

07:28 - COMMITTED UNDER AND THE POOL.

07:30 - THOUGH

07:30 - AGAIN NOT ISN'T YOUR REAL

07:32 - ARGUMENT, NOT THAT THEY'RE

07:34 - BOUND BY

07:34 - WINTER'S FICTION. A LOT OF THE

07:37 - CASE BUT RATHER THAT THE SECOND

07:39 - TRIAL JUDGE USED

07:40 - HIS DISCRETION. AFTER ALL WATER

07:43 - UNDER THE BRIDGE WHEN HE

07:44 - COMMITTED THIS STUFF MAN.

07:47 - YOU'RE I I WOULD

07:49 - GIVE A LITTLE BIT OF PUSHBACK

07:50 - ON THE FRAMING THAT THE

07:52 - ORIGINAL MOTION THAT WAS FILED

07:53 - IN 2015.

07:55 - >>IT WAS ACTUALLY HAS A FILE

07:57 - WAS SEEKING TO

07:59 - AND THERE. THEIR ANSWER THAT

08:01 - THEY FILED. WHAT THEY DID HOLD

08:03 - A MOTION TO DISMISS AND THEY

08:05 - SAID THAT THE ACTION WAS BARRED

08:08 - BY THE STATUE OF LIMITATIONS IN

08:10 - 2015.

08:11 - >>IT IS, I MEAN A ROUGH, I MEAN

08:14 - THE CASE IS A LITTLE BIT OF A

08:15 - MESS THERE IS NO SUCH THING AS

08:17 - A MOTION TO DISMISS UNDER

08:18 - PENNSYLVANIA WITH THE FEDERAL

08:21 - IF THEY DIDN'T KNOW THAT BUT

08:23 - AGAIN THAT'S IN THIS COURTROOM

08:25 - PROCEDURAL HISTORY THAT'S A

08:26 - SORT OF WATER UNDER THAT SAME

08:27 - GROUP.

08:29 - >>WELL I DO, BUT I I GUESS WHY

08:31 - I THINK THAT IS SIGNIFICANT

08:32 - THAT THAT'S THE WAY THEY'VE

08:33 - FRAMED IT IS THAT THEY

08:35 - WERE ASKING NOT AT THAT MOMENT

08:38 - TO AMEND THEIR ANSWER BUT

08:39 - RATHER FOR THE CASE TO BE

08:40 - DISMISSED

08:41 - AND SO WHEN I WHY I THINK THAT

08:43 - IT'S ULTIMATELY THE

08:45 - SAME ISSUE THAT WAS BEING

08:46 - DECIDED 3 YEARS LATER IS THAT

08:49 - THEY WERE

08:50 - AGAIN WHILE THEY'RE ASKING THE

08:52 - QUESTION FROM THE FLOOR AT THE

08:53 - TIME OF THE AMENDMENT. WHAT CAN

08:55 - WE AMEND OUR ANSWER THEY'RE

08:57 - BULL BY AMENDING THE ANSWER

08:59 - IS TO ALLOW THE COURT TO THEN

09:00 - DISMISSED THE CASE UNDER THE

09:02 - FACT THAT THE STATUTE

09:03 - LIMITATIONS, WHAT ARE THE

09:05 - ACTIONS. SO THAT THAT'S

09:06 - ULTIMATELY WHY I FEEL LIKE THIS

09:08 - CASE IS UNIQUE

09:10 - IS THAT. YOU LOOK THROUGH THE

09:12 - CORRIDORS CASE LAW

09:14 - IN PENNSYLVANIA. I DON'T I I

09:16 - DID NOT FIND A CASE THAT

09:17 - SPECIFICALLY DEALT WITH THE

09:19 - ISSUE WORKS ON FOR A MOTION WAS

09:21 - FILED ON THE ABILITY TO

09:24 - A MAN FOR AFFIRMATIVE DEFENSE

09:26 - AND THEN LATER THEY SOUGHT TO

09:27 - SEE THAT AMENDMENT. SO THAT'S

09:29 - WHY I BELIEVE THAT EVEN THOUGH

09:31 - THEY ARE. HI THERE THERE

09:32 - TITLE DIFFERENTLY.

09:34 - ULTIMATELY THE EFFECT WAS THE

09:36 - SCENE THEY WERE ASKING FOR THE

09:37 - CASE AND COULD BE DISMISSED

09:38 - DISPATCH LIMITATION 2015.

09:40 - THE JUDGE SAID NO

09:41 - AND ALL AND THEN IN 2018

09:43 - THEY'RE ASKING FOR DEMANDED TO

09:44 - IT COULD BE DISMISSED FOR THAT

09:45 - SAME REASON.

09:46 - >>THE COUNCIL JUST THIS TINY

09:48 - YOU

09:48 - RESPECTFULLY I AND I I THINK

09:51 - THIS IS I GOT SOME THINGS IN

09:53 - PLACE THAT YOU'RE IN RIGHT NOW.

09:54 - THE QUESTION IS WHETHER

09:55 - OR NOT THE TRIAL COURT VIOLATED

09:58 - THE FORT MEADE JURISDICTION

10:00 - WALK. IN THE SEASON BEFORE US

10:02 - IS IT NOT

10:03 - YES, AND HERE THERE THERE ARE 3

10:06 - WAYS SOME THINK

10:09 - ONE GUY

10:10 - AND GET A RANDY PRYOR BULLY OF

10:13 - A PRIOR JIBES IN THE SAME

10:16 - JURISDICTION.

10:17 - THAT'S CORRECT THAT'S WHERE WE

10:18 - START THE OF THE SUPERIOR COURT

10:21 - SAY AYE. WELL VERY PROCEDURAL

10:24 - LAST YEAR

10:24 - IS DIFFERENT AND THAT'S WHY THE

10:28 - TO GET AROUND IT, BUT THAT'S

10:29 - NOT ONE OF THE POOL. THAT'S NOT

10:31 - ONE OF THE EXCEPTIONS THE

10:32 - QUESTION IS I THINK IN THIS

10:35 - CIRCUMSTANCE WHETHER OR NOT THE

10:38 - FACTS A CHANGE. THE TWEEN TIME

10:41 - OF

10:41 - THE ORIGINAL PLEADING AND THAT

10:45 - WE CAN LATER

10:46 - MAKE THIS TRIAL COURT JUDGE

10:48 - GRANTED TO HAVE ANYTHING TO DO

10:50 - THE PROCEDURE AND I THINK THE

10:51 - ANSWER IS NO.

10:52 - THAT'S CORRECT ISN'T THAT

10:54 - YOUR ARGUMENT AND THE ARGUMENT

10:56 - OR ARGUMENT IS THAT NONE OF THE

10:58 - EXCEPTIONS OF THE PORTAGE ERS

10:59 - DICTION WILL APPLY.

11:01 - >>AS THEY ARE

11:01 - TRADITIONALLY OUTLINE

11:03 - ABSOLUTELY WE DO NOT THINK THAT

11:05 - ANY OF THOSE 3 EXCEPTIONS APPLY

11:07 - AND THEREFORE THE ONLY BASIS

11:09 - UNDER WHICH THIS APPEARED

11:10 - FOR OFFER IN THE MAJORITY'S

11:12 - OPINION IS IN ORDER TO ASSESS

11:14 - THE RICHARD DIXON ROLE THAT

11:15 - NONE OF THOSE APPLY IN THIS

11:16 - CASE, THE FACTS DID NOT CHANGE

11:18 - ON THE LAW DID NOT CHANGE IN

11:19 - THE RULING BY JUDGE AND IT WAS

11:20 - CLEARLY NOT REAL NEWS.

11:22 - >>THAT WAS NOT CLEARLY RUN.

11:25 - YES, RIGHT EVERY GUEST IS MADE

11:27 - ITS WAY FROM THE IS, BUT IT'S

11:29 - NOT CLEARLY RUNS.

11:31 - >>THEN WE YES ABSOLUTELY OUR

11:33 - POSITION IS THAT IT WAS NOT

11:34 - CLEARLY ERRONEOUS.

11:36 - >>BECAUSE I HAVE TO BE JUDGED

11:37 - BY THE DISCRETION STANDARD

11:39 - CRASH. YESTERDAY IN A ROW.

11:42 - YES, YOU'RE ON AND THE BASES

11:44 - THAT RULING IS REALLY

11:45 - IRRELEVANT TO WHERE WE ARE

11:48 - RIGHT NOW IS I AND YOU CAN THIS

11:50 - CASE.

11:51 - >>I I AGREE YOUR HONOR THAT

11:53 - THAT IS OUR POSITION AS WELL

11:54 - AND IN NEW DELHI'S IN THEIR IN

11:56 - THEIR ARGUMENT. CERTAINLY KIND

11:58 - OF PRIDE THEY SEEM LIKE THEY

11:59 - WERE TRYING TO ADDRESS.

12:02 - THE RULING ITSELF. BACK IN

12:05 - 2015. BUT THAT RULING

12:07 - WENT ON CHALLENGE AND AS A

12:09 - RESULT OF THAT I WOULD BELIEVE

12:10 - THAT IT IS IT SHOULD BE

12:11 - CONSIDERED TO BE THE LAW

12:13 - THE CASE AS IS NECESSARY FOR

12:15 - THE FOR THE PURPOSES OF WHY

12:16 - WE'RE HERE TODAY.

12:19 - >>IF YOU AGREE WITH JEFF GOOD

12:21 - JOB OF IN HER DISSENT.

12:23 - THE CRASH.

12:24 - >>YES, I ABSOLUTELY THE JUDGE

12:27 - GOES LIGHT. RE ON COMPLETELY

12:30 - WITH HER ASSESSMENT OF ON

12:31 - THE CASE. AND ULTIMATELY I

12:33 - TRIED TO INCORPORATE MUCH OF

12:35 - HER DESCENT INTO

12:36 - MY GREEK BEFORE THIS COURT

12:37 - BECAUSE I THOUGHT IT WAS IT WAS

12:39 - EXACTLY WHAT I MEAN.

12:40 - AND PEOPLE ARE TRYING TO GET

12:41 - ACROSS IN FRONT OF THE SUPERIOR

12:43 - COURT.

12:44 - >>WHY REINVENT JULIO EXACTLY.

12:54 - TO JUST

12:54 - VERY GOOD. CAN YOU DISTINGUISH

12:57 - REESE YEAR VERSUS THE AMERICAN

12:58 - REPUBLIC INSURANCE COMPANY.

13:00 - FROM YOUR PHONE.

13:04 - >>YES, YOUR HONOR I I

13:05 - BELIEVE THAT WHAT MAKES THIS

13:07 - CASE DIFFERENT. FROM

13:10 - NOT JUST ACTIVISTS BUT THEN THE

13:11 - THE PLETHORA OF CASE LAW OUT

13:13 - THERE ON THE LAW IS NOT TRUE IS

13:15 - THAT WE HAD A MOTION

13:18 - TO DISMISS FILED ON THIS ISSUE

13:21 - AND SO

13:22 - IN THEORY. THE THIS SEEKING TO

13:26 - A MAN.

13:29 - WOULD BE GOING BACK IN TIME

13:31 - PRIOR TO WHEN IN MOTION TO

13:33 - DISMISS SHOULD BE CONSIDERED BY

13:35 - THE COURT. AND SO WHY

13:37 - I BELIEVE THIS THIS CASE IS

13:39 - DIFFERENT IS THAT THE ISSUE

13:41 - THAT THEY SAW IN

13:43 - 2015 THE CASE BE DISMISSED FOR

13:45 - THE ART IS THE SAME AS THE

13:47 - ISSUE THAT

13:48 - THEY SAW HAVE IT DISMISSED

13:50 - UNDER 2000 IN 2018. AND WHILE

13:53 - THERE OR OBVIOUSLY 3 AND A HALF

13:55 - YEARS WENT BY THERE IS ON THERE

13:58 - ARE OTHER OTHER PROCEDURAL

14:00 - STEPS OUT

14:00 - OF HER AND I BELIEVE THEY'RE

14:02 - TRYING TO DO IS TO GO BACK IN

14:04 - TIME TO REGIONAL STEAM TO THE

14:07 - ORIGINAL CLAIMS PRIOR TO THEIR

14:09 - MOTION TO DISMISS AND START

14:11 - THAT ACTION OVER AGAIN

14:13 - AND I I JUST I DON'T BELIEVE

14:14 - THAT THE OTHER THE OTHER CASES

14:15 - THAT ARE OUT THERE ON

14:17 - THIS ISSUE HAD THAT EXACT

14:18 - TEAMWORK SOMEBODY WAS TRYING TO

14:20 - GO BACK TO BEFORE THE

14:22 - JUDGE ISSUE BEFORE

14:24 - THEY FILE THEIR MOTION TO

14:25 - DISMISS ON THE EXACT ISSUE BUT

14:27 - THEY ARE THEN TRYING TO AMEND

14:29 - TO LOSE.

14:34 - >>IT'S JUST TO STOP COUNCIL.

14:36 - >>IT SEEMS TO ME THAT. I MEAN I

14:39 - LISTEN MISSING SOMETHING

14:41 - THIS CASE AS SET FORTH IN JUDGE

14:44 - FOES DESCENT, THIS CASE

14:46 - ACTUALLY REPRESENTS EXACTLY

14:49 - THE SCENARIO. THAT'S ACCORDING

14:52 - TO TERRORIST ACTION WILL THE

14:53 - LAW THE CASE.

14:55 - >>WHO WAS MEANT TO ADDRESS I

14:58 - I AM MISSING ANY ARGUMENT TO

15:00 - THE CONTRARY.

15:01 - SO ALL CERTAINLY YOUR OPPOSING

15:03 - COUNSEL THAT THIS SEEMS TO ME

15:06 - TO BE THEN TO SHOW A LOT OF THE

15:08 - CASE.

15:10 - >>YOU'RE ON I MEAN FULL

15:11 - DREAM AND WITH THAT POSITION

15:13 - AND I BELIEVE I ACTUALLY USE

15:14 - THOSE EXACT WORDS IN MY IN MY

15:16 - COLUMN GRIEF TO THIS COURT WAS

15:18 - THAT THIS WAS A THIS IS EXACTLY

15:20 - THAT SCENARIO. YES.

15:26 - >>I DIDN'T MEAN TO QUOTE YOU

15:27 - WITHOUT SIDE. THE 3. YEAH,

15:30 - THANK YOU STOP IT.

15:32 - >>IF ANY OTHER QUESTIONS FROM

15:33 - ANYONE.

15:36 - IF

15:36 - ARTICULATED YOUR CASE WELL IF

15:38 - YOU LIKE THE STUMP YOU HAVE TO

15:41 - BUT IF YOU WANT TO IN IN A

15:43 - SENTENCE OR 2 FEEL GREAT.

15:45 - >>I APPRECIATE THAT OPPORTUNITY

15:46 - HONOR BUT I THINK GOVERNOR

15:47 - ON THE COURT IS WELL AWARE OF

15:49 - WHAT WE'RE ARGUING HERE AND AND

15:50 - SO I THANK YOU FOR YOUR TIME.

15:59 - >>THANK YOU YOUR HONOR SAID

16:00 - PLEASE THE COURT MY NAME IS

16:01 - JESSE DANIEL AND I'M HERE TODAY

16:02 - REPRESENTING THE AP POLICE IN

16:04 - THIS MATTER. ANY RELISH AND

16:06 - KIMBERLY VASSELL. IN

16:09 - SOME YOUR HONOR OUR POSITION

16:10 - TODAY IS THAT THE WARDEN

16:11 - INTEREST DICTION RULE DOES NOT

16:13 - APPLY IN THIS CASE

16:15 - AND THE REASON FOR THE FACT

16:16 - THAT DOES NOT IMPLY IS BECAUSE

16:18 - THE ORDER THE JUDGE CAN ISSUE

16:20 - DOES NOT CONFLICT IF YOU ORDER

16:23 - THE JUDGE BEYOND BELIEF

16:24 - IN SHORT, JUDGE HANDS ORDERS

16:26 - SIMPLY A RECOGNITION OF THE

16:28 - LEADING RULED THAT A FUEL LEAD

16:30 - SOMETHING THEN IT IS WAYS

16:32 - THE LAW STATES THAT THAT WAIVER

16:34 - IS NOT ALL TROUBLE AND IT IS

16:35 - POSSIBLE UNDER THE RIGHT

16:37 - CIRCUMSTANCES FOR A LATER TRIAL

16:39 - COURT TO ALLOW A PARTY TO A MAN

16:41 - ADD THAT PREVIOUSLY I'M GLAD

16:44 - AFFIRMATIVE DEFENSE. THEY ALSO

16:46 - DON'T THINK COURTNEY

16:46 - JURISDICTIONAL FLIES BECAUSE OF

16:48 - PROCEDURAL

16:49 - POSTURE EXCEPTION SPECIFICALLY

16:51 - MANY DIFFERENT TIMES WHEN

16:52 - THEY'RE DIFFERENT FACTS AND

16:53 - DIFFERENT LEGAL STANDARDS,

16:55 - ALTHOUGH THE OUTCOME OF WHAT A

16:57 - DECISION

16:57 - MIGHT BE IT WOULD BE TOO MIGHT

17:00 - BE CHANGED BY COURT.

17:01 - IF THERE ARE DIFFERENT FACTS

17:03 - AND LAW CONSIDERED BY THE

17:04 - SUBSEQUENT JUDGE THAT IS

17:06 - APPROPRIATE TO MAKE A DIFFERENT

17:08 - FINDING IN THE PORT NEW JERSEY

17:10 - TEACHER RULE DOES NOT APPLY.

17:12 - I MEAN THAT WAS THE FAST CHANGE

17:14 - HOW DID THE

17:15 - FACTS CHANGE. HAPPY TO ANSWER

17:17 - YOUR HONOR THIS TAX CHANGE

17:18 - BECAUSE BACK IN 2015 WHEN THE

17:22 - MOTION TO DISMISS.

17:23 - BUT I THINK IS ACTUALLY A

17:24 - MOTION FOR JUDGMENT ON THE

17:25 - PLEADINGS WITH SET FOR

17:27 - THE FACTS WERE ONE OF THE

17:28 - BACK-AND-FORTH THE PLEADINGS

17:30 - ALL IN PRINCE IS GOING TO THE

17:32 - NON

17:32 - MOVING PARTY. HOWEVER LATER

17:35 - WHEN JOHN BIANCO CONSIDERED THE

17:36 - MOTION TO AMEND

17:37 - THE BLEEDING. THE MATT MATTER

17:39 - IS WHETHER OR NOT CHARLENE, THE

17:43 - APPELLANTS WOULD SUFFER ANY

17:44 - PREJUDICE BY N AND THEY'RE

17:46 - COMPLETELY DIFFERENT FACT

17:47 - CONSIDER STARTING ROCK HUMAN.

17:50 - >>YOU'RE EXPLAINING DIFFERENT

17:51 - STANDARDS THAT APPLY I WAS

17:53 - ASKING HOW DID THE FLAT HOW DID

17:55 - THE

17:55 - FACTS CHANGE IN

17:59 - IN THE PLEADINGS ISSUES MOTION

18:01 - FOR JUDGMENT ON

18:02 - THE PLEADINGS.

18:02 - >>THERE WAS NO FACTUAL

18:04 - CONSIDERATION AS TO WHETHER OR

18:05 - NOT

18:06 - ANY WITNESSES HAVE LOST THEIR

18:08 - MEMORY OR THERE WAS ANY CREDIT

18:09 - TO SUSTAIN THEIR BYE SAID

18:11 - ANOTHER WAY THE TESTIMONY OF

18:13 - MISS

18:13 - MARPLE ME WHO IS THE SUPPOSED

18:16 - PREJUDICE. THE APPELLANT HAS

18:17 - LED. HER WHAT HE REMEMBERED

18:19 - WHAT HE KNEW WHAT HE

18:21 - WAS NOT INVOLVED IN THE MOTION

18:22 - FOR JUDGMENT ON THE PLEADINGS

18:24 - IN ANY WHICH WAY SHAPE OR FORM

18:25 - THERE IS NO FACTUAL

18:26 - CONSIDERATION OF WHETHER OR NOT

18:28 - HE HAD LOST ANY OF HER MEMORY

18:30 - OR AGAIN THERE IS ANY PREJUDICE

18:32 - SUFFERED. YOU KNOW, NONE OF

18:33 - THOSE FACTS WERE INVOLVED IN

18:35 - ANY WHICH WAY SHAPE OR FORM

18:37 - IN THE INITIAL DECISION ON THE

18:38 - MOTION PROJECT SOME PATIENTS

18:41 - ARE JUDGMENT ON

18:42 - THE PLATE.

18:43 - >>THAT'S CORRECT YOUR HONOR TO

18:44 - MEET THESE MOTIONS AND WHAT

18:46 - WE'RE DEALING WITH A COMPLETELY

18:47 - SEPARATE PROCEDURAL YOU'RE

18:48 - DEALING WITH A MOTION FOR

18:49 - JUDGMENT ON MEETINGS THAT HAS

18:51 - DIFFERENT FACTUAL AND LEGAL

18:52 - CONSIDERATIONS AND PAIRED TO A

18:54 - MOTION TO AMEND THE MEETING

18:56 - WHICH HAS DIFFERENT LEGAL AND

18:57 - FACTUAL CONSIDERATIONS. SO

18:59 - ALTHOUGH I AGREE THAT

19:00 - THE EFFECT ARGUABLY IS THE SAME

19:03 - ALLOWING US TO LEAD

19:04 - A WAIVER, THE CONSIDERATIONS

19:05 - ARE DIFFERENT AND IF YOU LOOK

19:06 - AT THE CASE LAW ON THIS MATTER.

19:08 - IT'S THE CONSIDERATIONS THAT

19:09 - ARE TAKEN INTO ACCOUNT DECIDE

19:11 - THIS. NOT

19:12 - THE EFFECT.

19:14 - >>THIS IS AN EXAMPLE OF SEEKING

19:17 - A SECOND BITE AT

19:18 - THE APPLE AND IT JUST ON IT AN

19:20 - ISSUE THAT'S ALREADY BEEN MAYBE

19:23 - YOU CAN PERSUADE

19:24 - ME OTHER PLUS I I FEEL I HAVE A

19:27 - HIGH HILL TO CLIMB YOUR HONOR I

19:28 - WILL TAKE A SHOT AT BOTTOM LINE

19:31 - I DON'T THINK IS A SECOND BITE

19:32 - AT THE APPLE BECAUSE IT NO

19:34 - POINT IN TIME.

19:35 - >>DID PRIOR COUNSEL REQUEST TO

19:38 - ADD ADD THE STATUTE OF

19:39 - LIMITATIONS HAS THIS IN

19:41 - A DEFENSE. SO WE CAN'T REALLY

19:43 - HAVE A SECOND BITE AT THE APPLE

19:44 - WHEN THE FIRST TIME WE ASKED TO

19:46 - AMEND WHICH IS A 2018

19:49 - THAT WE NEVER ASKED THAT IN THE

19:51 - FIRST TIME IT

19:52 - THE CANDIDLY I THINK PRIOR

19:54 - COUNSEL THOSE BEFORE US THE

19:55 - RECORD SIMPLY MADE A MISTAKE HE

19:58 - FORGOT TO PLEAD STATUTE

19:59 - OF LIMITATIONS. HE

20:01 - UNFORTUNATELY DIDN'T LOOK AT

20:03 - HIS AFFIRMATIVE DEFENSES AND HE

20:05 - JUST FILED HIS MOTION TO

20:06 - DISMISS MOTION FOR JUDGMENT ON

20:08 - THE PLEADINGS

20:09 - AND JUDGE AND A PROPERLY

20:10 - POINTED OUT YOU CAN'T GET

20:12 - RELIEF ON AN AFFIRMATIVE

20:14 - DEFENSE AND FAILED TO PLEASE

20:15 - AND WITH THAT HE SPENT ONE

20:17 - PARAGRAPH. IT IS CONCERNING ON.

20:20 - IT JUST CONCEDED.

20:23 - WITH YOUR DUTY OF CANDOR TO

20:24 - THE COURT THAT YOUR PRIOR

20:26 - COUNSEL BLEW IT.

20:27 - >>I MEAN THIS IS JUST OBVIOUS

20:29 - THE MOST BASIC RULE,

20:30 - PENNSYLVANIA PRACTICE, ONE OF

20:32 - THEM IS YOU HAVE TO HEAR FROM

20:34 - THE DEFENSE IS IN IN YOUR

20:35 - ANSWER AND NO YOU'RE NO MATTER.

20:37 - IT BLEW IT

20:38 - AND IT'S NOT A CLEARLY

20:40 - ERRONEOUS FLOYD. IT'S LOVE

20:43 - THE CASE,

20:44 - THE END. I HAVE NO IDEA WHERE

20:47 - YOUR PREJUDICE.

20:49 - A CRASH IN OUR ANALYSIS COMES

20:51 - IN AND THE CENTRE COURT.

20:53 - ANALYSIS COMES IN ISN'T THIS

20:56 - BLACK LETTER LAW. THE JUDGE

20:58 - MADE A RULING. IT WAS

20:59 - NOT APPEALED. THERE WAS NO

21:01 - MOTION TO AMEND THE NEW MATTER

21:03 - TO ADD STATUTE

21:04 - OF LIMITATIONS THAT WAS SUCH A

21:07 - MOTION COULD HAVE BEEN BROUGHT.

21:09 - >>IS IT.

21:11 - IT'S IT'S OKAY LET ME ASK LET

21:13 - ME ASK YOU

21:13 - THIS WAY.

21:14 - >>WHERE WE DON'T RULE IN YOUR

21:15 - FAVOR AND AFFIRMED THIS IF

21:17 - YOU'RE A COURT DECISION.

21:18 - WHAT

21:19 - IS LEFT. ACCORDING TO CHER'S

21:21 - DICTION RULE IN PENNSYLVANIA.

21:23 - >>I THINK THERE'S PLENTY LEFT

21:24 - YOU'RE ON IT BECAUSE I DON'T

21:26 - BELIEVE THAT HORTON OR

21:27 - JURISDICTION RULES APPLICABLE

21:28 - IN THIS SITUATION.

21:30 - SPECIFICALLY AS TO THE

21:31 - DIFFERENT FACTIONS,

21:32 - PROCEDURAL FOSTERS. IN THE

21:35 - CONSIDERATIONS THAT WENT INTO

21:36 - THESE DECISIONS AND TO ADDRESS

21:38 - THE CROSS APPEAL ISSUE WHICH

21:40 - EFFORT BROUGHT UP A

21:41 - COUPLE TIMES. THE SUPERIOR

21:43 - COURT ME GRIEF DECISION TO THE

21:44 - SUPERIOR COURT. WE WERE THE OLD

21:47 - VIC BARRIERS IN FRONT OF THE

21:49 - TRIAL COURT WHEN IT WAS

21:50 - DISMISSED. WE HAVE NO LEGAL

21:52 - DUTY TO FILE A PROTECTIVE CROSS

21:53 - APPEAL AND THE ACTUAL CASE LAW

21:55 - SAYS YOU SHOULD FILE PROTECT

21:56 - ACROSS THE FIELD. SO THE FACT

21:58 - THAT WE DIDN'T APPEAL THIS

22:00 - ISSUE AT THE TIME THE 2015

22:02 - RULING HAS REALLY NO EFFECT ON

22:04 - THIS WHATSOEVER AND I WOULD

22:06 - ALSO SUGGEST

22:07 - IN COURT THAT THE COURT NEW

22:08 - JERSEY TEACHER WILL CONTINUE TO

22:10 - BAR INDIVIDUALS TRYING TO GET A

22:12 - SECOND BITE AT THE APPLE,

22:13 - IF WE HAD REQUESTED A JUDGE

22:16 - BACK IN

22:16 - 2015 TO AMEND OUR PLEADINGS

22:19 - SPECIFIC AND SAYING THAT'S WHAT

22:20 - WE LIKE TO DO IS

22:21 - NEVER DONE AND THEN 3 YEARS

22:23 - LATER AND THERE'S A DIFFERENT

22:24 - JUDGE WE MAKE THE SAME REQUEST

22:26 - BASED ON THE SAME FACTS

22:27 - AND THEN JUDGE THE APA DECIDED

22:29 - TO SAY OUT GO AHEAD AND ALLOW

22:31 - YOU DO IT THAT WOULD BE

22:33 - AN ISSUE AND NOW AGAIN I THINK

22:34 - IN

22:35 - THIS SITUATION. IT'S IT'S NOT

22:37 - AFFABLE BECAUSE AGAIN I DON'T

22:39 - THINK THERE'S

22:39 - ANY CONFLICT 2 TO AGREE WITH

22:42 - WITH THE APPELLANTS POSITION

22:44 - WOULD EFFECTIVELY BE

22:45 - TO SAY IF YOU FAILED TO LEAD AN

22:47 - AFFIRMATIVE DEFENSE AND THEN

22:49 - WHEN YOU ARE ON THE BACK ON A

22:52 - MAC WITH RESULTING WAIVER UNDER

22:54 - APPLICABLE LAW.

22:55 - BUT LATER ON YOU THEN TRY TO

22:56 - COME BACK AND SAY HEY JUDGE WE

22:58 - FAILED TO LEAD THIS NOW WE'D

22:59 - LIKE TO LEAVE

23:00 - IT PLEADED. I THINK THE LAW OF

23:02 - THE CASE WOULD SAY WELL YOU

23:03 - CAN'T DO THAT NOW BECAUSE YOU

23:05 - ALREADY WAIVED BY FAILING TO

23:07 - THE PREVIOUSLY I MAY BE TO

23:09 - SUMMON UP YOUR HONOR.

23:11 - THERE IS A HOST OF CASE LAW ALL

23:12 - ABOUT HOW THE POLICIES BEHIND

23:14 - THESE WALLS. IT IS NOT TO ALLOW

23:16 - FAILURES

23:17 - OF LAWYERS BUT IT JUST MUST

23:19 - STATES TECHNICAL DEFICIENCIES

23:21 - IN PLEADINGS THE DEPRIVE

23:22 - INDIVIDUALS OF MERITORIOUS

23:24 - DEFENSES AND DECIDE CASES THAT

23:26 - WE'VE MOVED AWAY

23:27 - FROM THAT TYPE OF GAME TO TIP

23:29 - AND WHAT REALLY WE'RE LOOKING

23:30 - TO DO HERE IS TO ALLOW

23:31 - SUBSTANTIVE DEFENSE HAS COME

23:33 - FORWARD, SO THESE CASES CAN BE

23:35 - ADJUDICATED ON

23:36 - THE MERITS. I THINK EVERYONE IN

23:37 - THIS CASE HAS AGREED EVEN JUDGE

23:39 - BOWS

23:39 - AND PERSPECTIVES THAT THE

23:41 - STATUTE OF LIMITATIONS WAS A

23:42 - VERY

23:43 - MERITORIOUS DEFENSE AND IT

23:45 - WOULD BE UNFORTUNATE IF MY

23:46 - CLIENTS WERE UNABLE TO PRESENT

23:48 - THAT EXPENSE

23:49 - A FAILURE BY

23:50 - COUNCIL PREVIOUSLY, WHERE THE

23:52 - OTHER SIDE WHEN HE ASKED THE

23:54 - FIX THAT FAILURE WAS UNABLE TO

23:56 - FILL ANY CREDIT SO AS TO

23:57 - PREVENT THAT FROM HAPPENING

23:58 - THEREBY ALLOWING THE LIBERAL

24:00 - RULES THAT GOVERN CLEANING.

24:02 - LET US PUT FORTH THIS

24:03 - THIS AFFIRMATIVE.

24:04 - >>MISTER DANIEL IT'S JUST THIS

24:06 - TIME I REALLY DON'T WANT TO

24:07 - ARGUE WITH YOU ON THIS I JUST

24:09 - HAVE ONE FOLLOW-UP QUESTION

24:11 - IS THERE ANY JUSTIFICATION YOU

24:13 - CAN COME UP WITH

24:14 - FOR FAILING TO REQUEST

24:17 - AMENDMENT AT THE TIME.

24:19 - >>THE ROLLING BY JUDGE

24:21 - PANELISTS MADE RATHER THAN

24:22 - 3 YEARS LATER, THEY BASED ON

24:25 - THE RECORD IN FRONT OF THE

24:26 - JUDGE NOW BECAUSE THAT WOULD

24:27 - REQUIRE ME TO GET INTO WHAT

24:29 - HAPPENED WHY DID PRIOR COUNT TO

24:31 - DO WHAT HE DID AND THAT OF

24:32 - COURSE

24:32 - THE RECORD.

24:33 - >>I CAN SPECULATE AS I DID IN

24:34 - MY GRIEF BUT I DON'T THINK

24:36 - THAT'S A GOOD USE FOR IT KIND

24:37 - OF LOOKS AND I APPRECIATE YOUR

24:39 - CANDOR. THANK YOU.

24:43 - IN SUM I DO THINK IT'S

24:45 - IMPORTANT JUST VERY NATURAL

24:47 - WILL SURVIVE IF YOU WOULD SET

24:49 - OFF TOLD THE DECISION A TRIAL

24:51 - COURT AND THE DECISION OF THE

24:53 - SUPERIOR COURT AND WE WILL

24:54 - CONTINUE TO BE AN IMPORTANT

24:56 - ROLE THAT KEEPS THE

24:56 - USUAL SYSTEM. BUT IN THIS

24:58 - SITUATION IT JUST DOESN'T APPLY

25:00 - IS NO INCONSISTENCY BETWEEN THE

25:02 - ORDERS THE

25:03 - FACTUAL PROCEDURAL. THE

25:05 - STATIONS AT THE TIME WERE VERY

25:06 - DIFFERENT BETWEEN THE 2 ORDERS

25:08 - AND TO THE EXTENT THAT ONE OF

25:10 - THE 3 TRADITIONAL EXEMPTIONS TO

25:12 - THE COURT AND DID VERY STRICT

25:14 - RULE APPLIES. I DO BELIEVE IF

25:16 - YOU LOOK AT JUDGE JANICE

25:17 - RULLING READ IT TO

25:18 - MEAN BAD. YOU WAVE THIS DEFENSE

25:21 - AND YOU MAY NEVER EVER EVER

25:22 - BRING IT

25:22 - UP AGAIN. I DO BELIEVE THAT IS

25:24 - A CLEARLY ERRONEOUS RULING

25:26 - BASED UPON THE CASE LOLLING

25:28 - VOLUNTARY REALLY MEANT A

25:29 - LEGAL RIGHT. THIS WAS JUST A

25:31 - HEY YOU DIDN'T MEET ITS I CAN'T

25:33 - GIVE YOU RELIEF

25:33 - ON IT THAT SHOULD RESULT IN A

25:36 - HOUSE PARTY NEVER THEN BEING

25:38 - ABLE

25:38 - TO ADD THAT ASPECT OF A JUDGE

25:40 - MADE HIS RULING WOULD BE

25:41 - CLEARLY ERRONEOUS AND AS THE

25:43 - MANIFEST INJUSTICE. IT WOULD BE

25:45 - A MANIFEST INJUSTICE THAT MY

25:47 - CLIENTS FROM GOING

25:48 - TO TRIAL WITHOUT THE

25:50 - MERITORIOUS DEFENSE THAT AGAIN

25:51 - EVEN THE DISSENT IN THIS MATTER

25:53 - AND TO REPORT

25:54 - SAID YES THERE WAS GOOD REASON

25:56 - TO PREVIOUS CASE OUT. AND MY

25:58 - QUESTION COUNCIL. SO YOU'RE

26:01 - YOU'RE OFFERING BECAUSE WE NEED

26:02 - TO MAKE A RULE THAT DOESN'T

26:04 - JUST APPLY TO YOUR CLIENT.

26:06 - THAT APPLIES ACROSS THE

26:07 - COMMONWEALTH. SO I GUESS YOU

26:09 - WANT TO ADD YOU WANT US TO FOR

26:11 - NOW IT'S IN A NEW

26:12 - PRECEDENT HERE THAT THERE'S A

26:14 - WHOLE NEW ELEMENT TO THE COURT

26:15 - OF JURISDICTION RULE.

26:18 - THAT THE COURT OF JURISDICTION

26:20 - RULE DOES NOT APPLY IF IT WOULD

26:21 - CREATE A QUOTE, A MANIFEST

26:23 - INJUSTICE UNQUOTE. IF THAT'S

26:26 - THE CASE THEN ARE WE UP

26:28 - BURDENING ALL THE COURTS

26:29 - OF PENNSYLVANIA TO START DOING

26:32 - INDEPENDENT MANIFEST INJUSTICE

26:34 - ANALYSIS IN EVERY CASE WHERE

26:37 - THE RULES WERE SOME KIND OF

26:38 - HARDSHIP ON THE LINE AGAIN, AND

26:40 - IF THAT'S THE CASE.

26:41 - HOW ARE WE NOT GETTING GET

26:42 - HUNDREDS OF DIFFERENT OUTCOMES

26:44 - AND RULES FROM ALL THE JUDGES

26:46 - ACROSS

26:46 - THIS COMMONWEALTH.

26:48 - >>I AM ABSOLUTELY NOT ASKING

26:49 - YOU TO DO THAT YOUR THERE IS

26:51 - ALREADY ESTABLISHED AN

26:52 - EXCEPTION FOR THE CORONER

26:54 - JURISDICTION, RULE SET FORTH IN

26:56 - THE

26:56 - SAME CASE WHICH STATES THAT IF

26:58 - THE PRIOR HOLDING WAS CLEARLY

26:59 - ERRONEOUS IN A MANIFEST

27:01 - INJUSTICE WOULD OCCUR FROM THE

27:03 - ENFORCEMENT

27:03 - OF IT THEN THE TRIAL COURT IS

27:05 - EMPOWERED TO NORTH PORT IN A

27:07 - VERY 16 YEAR-OLD AND MAKE A

27:09 - DIFFERENT RULING SO I'M NOT

27:10 - ASKING YOU TO CREATE ANY NEW

27:11 - LAW HERE AND SIMPLY ASK YOU TO

27:13 - APPLY EXISTING LAW SET FORTH

27:16 - UNDER SAME. I THINK ZAIN

27:18 - IS NOT AN OUTLIER IT'S IT'S

27:20 - VERY WELL ESTABLISHED THE END

27:21 - ONE OF THOSE EXCEPTIONS IS

27:22 - HORTON JURISDICTION. THE PRIOR

27:25 - DECISION IS CLEARLY ERRONEOUS

27:26 - AND THERE'S THE AMANA DOESN'T

27:28 - JUST MEAN BY FORCE.

27:29 - >>IT JUST CONCEDED IT WAS NOT

27:31 - CLEARLY WRONG THIS I THOUGHT I

27:32 - THOUGHT YOU WERE SEXUALLY

27:34 - STIMULATED THAT IS THAT YOUR

27:36 - PRIOR COUNSEL BLEW IT THEY'LL

27:38 - TO CLEAN LIMITATIONS MATTER.

27:42 - IT'S OF COURSE, YOU'RE RIGHT.

27:45 - JUDGE HANNAH'S RULING ON THAT

27:46 - IS NOT THE CLEARLY ERRONEOUS

27:48 - DOES NOT EVEN ARE ONLY AS I.

27:51 - YOU'RE TALKING IN CIRCLES I I'M

27:52 - NOT GETTING WHAT YOU'RE

27:53 - SAYING HERE.

27:54 - >>I CAN IF THE COURT WILL ALLOW

27:55 - ME I TAKE ONE LAST CHANCE I

27:57 - DON'T BELIEVE JUDGE CAN ORDER

27:59 - IS A STATEMENT TO MY CLIENT IN

28:01 - ALL TERRIBLY WAY STATUTE OF

28:04 - LIMITATIONS BY WHICH THEY WOULD

28:05 - NEVER EVER EVER BE ABLE TO

28:06 - BRING IT

28:07 - UP AGAIN. I BELIEVE JUDGE MADE

28:09 - HIS DECISION IS PURELY A

28:10 - STATEMENT THAT IT IS UNIQUELY I

28:13 - CAN'T GIVE

28:14 - YOU RELIEF. THE EXTENT OF HIS

28:16 - COURT DOES THOUGH READ JUDGE

28:17 - CAN ORDER IN THAT BROAD SENSE

28:20 - THEY DIDN'T BRING IT UP SO YOU

28:21 - CAN NEVER BRING IT UP

28:22 - AND I DO BELIEVE IT IS CLEARLY

28:24 - ERRONEOUS UNDER THE LAW SET

28:25 - FORTH UNDER AGREE AND I THINK

28:27 - WALL THAT WE ALL KNOW THE GIRL

28:28 - LOUNGE PLEADINGS AND ALLOWING

28:30 - THESE MATTERS WE DECIDE ON

28:32 - THEM.

28:35 - >>ANY OTHER

28:38 - THANK YOU VERY MUCH WELL WELL

28:39 - PRESENT. THANK

28:40 - YOU GUYS, WE'LL TAKE A

28:42 - FIVE-MINUTE BREAK TO ALLOW

29:19 - >>THE

29:19 - NEXT ARGUMENT IS TRUST UNDER

29:21 - WILL OF AUGUSTUS HE ASKED AN

29:23 - APPEAL ELIZABETH

29:24 - A READ REPRESENTING MISREAD IS

29:27 - MISTER STANLEY

29:28 - R R PROBABLY PNC BANK IS MISS

29:32 - CHEROKEE JACOBS REPRESENTING

29:34 - THE ATTORNEY GENERAL IS MISS

29:36 - CLAUDIA TO SOAR.

29:38 - >>THIS ROAD ARE PROTOCOLS THAT

29:40 - I DO AGREE FIGURED OUT. WE'RE

29:42 - VERY

29:43 - GOOD AT. IF ITALY IN ROME, BUT

29:45 - IN A COURTROOM BE YOU TOO.

29:47 - >>AND TO MAKE SURE.

29:49 - >>WE'RE ALL CONFIDENT WE'RE ON

29:51 - THE

29:51 - SAME PAGE IN THIS MATTER THE

29:53 - ORPHANS COURT HELD THAT UNNAMED

29:55 - ANNUITY BENEFICIARY OF A TRUST

29:57 - THERE IS DOING TO FIX WHO

29:58 - RECEIVES A FIX FOR HIM AND

30:02 - FOR YEARS IS STANDING TO

30:04 - CHALLENGE BOTH THE

30:05 - ADMINISTRATION AND THE LATEST

30:07 - ACCOUNT OF THE TRUCK, THE

30:09 - TRUSTEES COMMISSION IN THE FEW

30:11 - GREEN AND THE SECRET AND THE

30:13 - SUCCESS OR PRESS THE AND

30:15 - THE TRUST. THIS APPEARED FOR

30:16 - EVERY 40 AND IF THEY NEED TO DO

30:18 - IT. THE BENEFICIARY. IT DID NOT

30:20 - HAVE STANDING TO SUE

30:22 - THESE CLAIMS. THE CORE REASON

30:24 - THE NAME BENEFIT VERY ADAMANT.

30:26 - THE $2400 ANNUITY IM NOT GIVE

30:29 - HER

30:30 - A DIRECT IMMEDIATE IN THE

30:32 - STANDS WILL INCREASE THE

30:33 - INFORMANT. RAIN SUFFICIENT TO

30:36 - COME FIRST AND THAT A LOT.

30:38 - EVEN OF

30:39 - HER CLAIMS AS FOR THE NIGHT OF

30:41 - DEC HER BID FOR A NEW PAYMENT

30:43 - UNDER THE PIER FOR

30:44 - TRASH NOW. THE ISSUE IS WHETHER

30:46 - THE BENEFICIARY HAS AUTOMATIC

30:48 - THE ENDING BRAVED

30:49 - THE FLAMES OR OTHERWISE IS

30:51 - ENDING ITS RATE.

30:53 - THESE PLATES THAT'S RIGHT IF

30:55 - THAT IS STABLE. PRETTY GOOD

30:58 - PERCY THANK YOU. CHIEF JUSTICE

31:01 - BEAR. JUSTICES OF THE SUPREME

31:04 - COURT. THEY PLEASE

31:06 - THE COURT. I'M

31:07 - STANLEY ON THE COUNCIL FOR

31:09 - APPELLANT ELIZABETH ASHTON READ

31:12 - GREAT NIECE OF THE SETTLER

31:13 - WHOSE TRUST IS BEFORE YOU

31:15 - TODAY.

31:16 - THIS COURT MUST DECIDE TO EAT

31:18 - CAN DO EITHER OF 2 THINGS.

31:20 - ONE. INSULATE

31:22 - A TRUSTEE LIKE PNC AND ITS

31:25 - PROFESSIONAL PRESIDENT. FROM

31:27 - THE LONG ESTABLISHED THE BUSH

31:28 - AREA TRUSTEE LOYALTY AND

31:31 - THEREBY FREEZE OUT OF ME THAT'S

31:33 - THE BENEFICIARY WITHOUT A

31:34 - RECORD.

31:36 - BASED UPON AN APPARENT

31:37 - DETERMINATION THAT THE

31:38 - BENEFICIARIES INTEREST IS

31:40 - INSUFFICIENT IN RELATION TO THE

31:42 - ENTIRE TRUST CORNERS. THE WAR.

31:45 - REMAIN

31:46 - CONSTANT CONSISTENT WITH MORE

31:48 - THAN 100 YEARS OF TRUST BALL

31:50 - THAT RECOGNIZES THE UNIQUE

31:51 - STATUS OF A VESTED INCOME

31:53 - BENEFICIARY OF THE TRUST.

31:55 - THE CHALLENGE OF TRUSTEES

31:56 - CONDUCT AND FIDELITY.

31:59 - OPPOSING COUNSEL REPEATEDLY

32:01 - KNOW THAT MS. REID ISN'T TITLE

32:03 - ONLY WHO YEARLY DISTRIBUTION OF

32:05 - $2400.

32:08 - NEAR THE NEW IT. INTEREST LAW

32:11 - HOWEVER.

32:12 - OUR CLIENT IS A VESTED INCOME

32:15 - THEN A FISH YEAR.

32:17 - SHE HAS ENJOYED FOR 70 YEARS.

32:20 - NO PENNSYLVANIA COURT. IT HAD

32:23 - ISSUED A PUBLIC OPINION.

32:24 - HOLDING THAT A VESTED INCOME

32:26 - BENEFICIARY OF A TRUST.

32:28 - LACKS STANDING TO FILE

32:29 - OBJECTIONS TO A

32:30 - TRUST ACCOUNT. THE ORANGE

32:32 - CHALLENGER FOR TRUSTEES

32:33 - FIDELITY UNTIL THE SUPERIOR

32:35 - COURT DID SO HERE. IT'S 2 TO

32:38 - ONE DECISION. THE REVERSING

32:40 - JUDGE KARA PLO.

32:42 - THE V A DUNDEE AND IN ITS

32:43 - ANALYSIS OF PENNSYLVANIA TRUST.

32:46 - AND IF ALLOWED TO SPEAK.

32:48 - IT WAS SUBSTANTIALLY CHANGE.

32:51 - BY IGNORING THE RIGHT OF ALL

32:52 - THE BENEFICIARIES TO ASSERT

32:54 - THAT THE TRUSTEE BREACHED ITS

32:56 - ABSOLUTE DUTY OF OIL.

32:59 - JUDGE CARE OF YELLOW GOT IT

33:00 - EXACTLY RIGHT. WHEN HE

33:02 - OVERRULED DNC'S PRELIMINARY

33:04 - OBJECTIONS. NOTING THAT THE

33:06 - STANDING OF A VESTED INCOME

33:08 - BEEN THE BENEFICIARY IS BOTH

33:09 - QUOTE ORDINARY AND WHEN I'M AT

33:12 - THOSE QUOTES. HIS OPINION

33:15 - NOTES THAT PNC SITES NO

33:17 - AUTHORITY, THE SUPPORTS

33:18 - ASSERTION THAT UNNAMED BESTED

33:21 - BENEFICIARY OF

33:22 - THE TRUST LACKS STANDING TO

33:23 - RAISE OBJECTIONS TO A TRUST

33:25 - ACCOUNT.

33:32 - THOUGH NOT

33:33 - EXPRESSLY STATED SUPERIOR COURT

33:35 - ESTABLISHED A PROPORTIONALITY

33:37 - TEST WHICH

33:38 - INVESTED BENEFICIAR

33:39 - BENEFICIARIES MUST NOW FIRST

33:41 - PASS BEFORE STANDING TO BE

33:43 - RECOGNIZED RYAN WORK AND SCORED

33:45 - A JUNE OKAY TO TRUST THE

33:46 - COUNTY. THE

33:48 - SUBJECTIVE TEST. IT WILL CREATE

33:50 - GREAT UNCERTAINTY.

33:52 - PROMPT A ROUTINE FILING THE

33:54 - PRELIMINARY OBJECTIONS. AND

33:56 - WE'RE COMMISSION THAT WILL THE

33:57 - DEATH OF THOSE ORPHANS COURT

33:59 - AND LITIGANTS.

34:00 - THAT DECISION AND ITS RESULTING

34:02 - TEST WERE IN ERROR. IT SHOULD

34:04 - BE REVERSED.

34:08 - SHE TESTED THERE.

34:11 - WELL SAID, AND I UNDERSTAND

34:13 - YOUR POINT IT SEEMS TO ME THE

34:16 - ISSUE IN THE

34:16 - CASES SHOULD.

34:18 - >>HER STATUS AS THEY IN TURN

34:20 - BENEFIT VERY PROVIDE AUTOMATIC

34:22 - STAND.

34:27 - >>IF THERE'S NO AUTOMATIC

34:29 - STANDING WE FALL BACK TO THE

34:31 - WELL ESTABLISHED LIVES STANDING

34:33 - WITH YOU NEED TO

34:33 - HAVE A THE SUBSTANTIAL DIRECT

34:36 - AND IMMEDIATE INTERESTS YOU

34:37 - NEED TO BE AGREE.

34:39 - SO I DON'T THINK THAT A

34:40 - DECISION ADVERSE TO YOU

34:42 - RESPECTFULLY IS GOING TO SHAKE

34:44 - THE FOUNDATION OF

34:45 - PENNSYLVANIA LAW IT'S MERELY

34:47 - GOING TO CURBING THAT A TRUST

34:49 - BENEFICIARY IS NOT EXEMPT FROM

34:51 - THE OBLIGATION TO BE FREE.

34:54 - IN YOUR SHED SOME LIGHT ON WHY

34:56 - I'M WRONG.

34:57 - >>AND LIKE YOU MISTER CHIEF

34:58 - JUSTICE STANDING DETERMINATIONS

35:00 - AT THEIR CORE RESOLVE WHO IS

35:02 - SUFFICIENTLY AGREED IN ORDER TO

35:04 - PARTICIPATE IN LITIGATION.

35:06 - IN GARDEN VARIETY CIVIL CASE

35:08 - THAT DETERMINATION CAN BE

35:09 - DIFFICULT AND THE WILLIAM PENN

35:11 - PARKING GARAGE CASE IS A GREAT

35:13 - ILLUSTRATION OF THAT DIFFICULT

35:14 - A TENSE IN THOSE CASES

35:16 - AND ARTICULABLE STANDARD ROAD.

35:19 - THE SO-CALLED THREE-PRONGED

35:20 - TEST. INTEREST

35:22 - LAW HOWEVER, THE TURNING WHO

35:24 - WAS AGREED. THERE'S NOT NEARLY

35:26 - SO AND THE USE OF THE

35:28 - THREE-PRONGED TEST CAN RESEMBLE

35:30 - AN EFFORT TO PUT ROUND PEGS

35:32 - INTO SQUARE HOLES. THAT'S THE

35:34 - BENEFICIARIES. THAT'S

35:36 - THE BENEFICIARIES WHO ENJOY

35:38 - EQUITABLE INTERESTS IN THE

35:40 - WHOLE OF THE TRUST CORPSE

35:42 - HIGH DUTIES OF LOYALTY ARE

35:44 - OWNED BY SHOES. THEY ARE

35:45 - CLEARLY AGREED BY THE

35:47 - MISCONDUCT OF TRUSTEES HENCE

35:49 - THEIR AUTOMATIC STAND. THAT'S

35:52 - NOT

35:52 - TO SUGGEST THE THREE-PRONGED

35:54 - TEST IS NEVER USED INTEREST

35:56 - CASE. YOU KNOW HERSHEY SCHOOL

35:58 - IN THE BARNES FOUNDATION OR TO

36:00 - THE COME IMMEDIATELY TO MIND.

36:01 - IT IS IMPORTANT TO REMEMBER

36:03 - THAT NOSE CASES

36:05 - THE TEST WAS USED BECAUSE THOSE

36:07 - WHO WERE ATTEMPTING TO

36:08 - INTERVENE. THEY'RE NOT BENEFITS

36:10 - YEAR. THE RATHER PRIVATE SINCE

36:13 - OR ENTITIES. THE

36:14 - TRUST BENEFICIARY HAS THAT

36:17 - UNIQUE THAT PORTABLE INTEREST

36:19 - IN THE TRUST CORP US AS A WHOLE

36:21 - AN INTERESTING RACE OF THE

36:22 - TRUST IF YOU WILL THAT

36:25 - SATISFIES.

36:26 - >>IT FORCED CENT A

36:28 - THREE-PRONGED TEST.

36:30 - >>MISTER COULD YOU EXPLAIN

36:33 - TO ME. I UNDERSTAND AND

36:34 - COMPLETELY YOUR ARGUMENT THAT

36:37 - PROPORTIONALITY SHOULD NOT

36:39 - MATTER DOES

36:40 - NOT MATTER BUT INFO TO CHIEF

36:42 - JUSTICE TEARS QUESTION ABOUT IT

36:44 - IS

36:44 - SHE AGREE, IT DOESN'T MATTER

36:47 - THAT REGARDLESS OF THE OUTCOME

36:49 - OF THIS LITIGATION.

36:51 - >>SHE.

36:52 - >>IT CONTINUES TO RECEIVE

36:54 - EXACTLY WHAT SHE'S RECEIVING

36:55 - NOW THAT'S THAT NOW

36:57 - RESPECTFULLY AND DOES NOT AND

36:59 - HERE'S THE REASON.

37:02 - AT THE PRESENT TIME. OUR

37:04 - CLIENT ALLEGE

37:05 - FOR SPECIFIC OBJECTIONS BACK TO

37:08 - YOU DIRECTLY OR GO DIRECTLY

37:10 - THE ALLEGATIONS OF PNC HAS

37:12 - REACHED ITS FIDUCIARY DUTY OF

37:15 - LOYALTY TO TRUST. 2 OTHERS

37:18 - ARE RELATED TO THOSE BREACH

37:21 - OF LOYALTY. ALLEGATIONS.

37:24 - CASE LAW IS CLEAR.

37:26 - NOON IN THE STATE FROM ESCAPE

37:28 - FROM THIS COURT AND THEN

37:29 - FOLLOWED UP BY HARRISON STATE

37:31 - IN THE SUPERIOR COURT THAT IF

37:33 - IN FACT THE FIGHT YOU SHERRI

37:36 - BREACHES ITS DUTY

37:37 - OF LOYALTY. THE ISSUE OF HARM

37:40 - ISN'T EVEN PART OF THE CASE.

37:41 - IT MUST DISCORD ITS PROFITS

37:44 - EVEN HERE. THE TRUST WAS

37:46 - UNHARMED, A BIT. THAT'S

37:49 - BECAUSE LOU. A LOT OF THAT

37:51 - BUILD UP AROUND THE DUTY OF

37:53 - LOYALTY CASES IS DEEMED TO BE

37:55 - INFLEXIBLE AND PROPHYLACTIC IN

37:57 - NATURE. SO THAT IT CREATES A

37:59 - CHILL

38:01 - THE REMOVAL OF THE TEMPTATION

38:02 - IF YOU WILL TO DO THAT WHICH

38:04 - YOU'RE NOT SUPPOSED TO DO

38:05 - THE FIDUCIARY DUTY THAT A

38:07 - TRUSTEE HOLDS TO ITS

38:09 - BENEFICIARIES IS AMONG THE

38:10 - HIGHEST THAT THE LAW

38:12 - ALLOWS REQUIRED.

38:14 - >>I UNDERSTAND THAT I'M SORRY I

38:16 - UNDERSTAND

38:17 - THAT BUT WE'RE TALKING ABOUT

38:18 - STANDING HERE RIGHT AND WE ARE

38:21 - WHETHER SHE'S A GREAT.

38:26 - AND AND I I THOUGHT I WAS

38:27 - ADDRESSING YOUR QUESTION ABOUT

38:30 - DOES SHE STILL HAVE AND

38:32 - INTEREST REQUIRED HAS IT,

38:34 - ESPECIALLY INCOME BENEFICIARY,

38:36 - NOTWITHSTANDING THE FACT THAT

38:37 - SHE RECEIVES A YEARLY HEY MY

38:41 - $2400. SHE

38:42 - DOES HAVE BECAUSE AS A VESTED

38:44 - INCOME BENEFICIARY SHE HAS AN

38:46 - EQUITABLE INTEREST IN THE

38:48 - HOLDING ACROSS.

38:50 - VISIBLE IF YOU WILL AND THE

38:52 - OVERLAY ON TOP OF THAT IS THE

38:54 - FIDUCIARY DUTY OF LOYALTY TO

38:56 - THE TRUST WAS SHE HAS

38:58 - A RIGHT TO ATTEMPT TO ENFORCE.

39:01 - THANK YOU.

39:08 - >>AND WHY

39:09 - YOUR ARGUMENT

39:11 - WITH THE PROVISIONS OF THE I

39:14 - TRUST CO THE EYE AND

39:17 - REALLY TO IT

39:20 - BENEFITS YEARS AND TO YOUR CITY

39:23 - AREA.

39:24 - THAT I I AND IF YOU READ THE

39:28 - SCRIPT YOU'RE IN IT'S CALLED ME

39:30 - A NECESSARY. IF YOU'RE SAYING

39:33 - AN EVENT

39:33 - THIS YEAR THEY TRY TO PROVIDE

39:36 - FOR ME A BENEFICIARY.

39:41 - >>YOUR HONOR IS REFERRING TO

39:42 - SECTION 7.72

39:45 - 7783. OF THE U T A.

39:48 - AND ANY ANALYSIS OF THAT

39:50 - QUESTION BEGINS WITH SECTION 77

39:52 - TO 6. 77 '06. A LOT ABOUT

39:56 - PRESERVING THE COMMON LAW TRUSS

39:58 - AND PRINCIPLES OF EQUITY EXCEPT

40:01 - AS MODIFIED BY THAT STATUE.

40:03 - WHAT THAT MEANS FIRST OF ALL IS

40:05 - THAT LENGTHY

40:07 - BODY OF LAW BUILD UP OVER

40:09 - HUNDREDS

40:09 - OF YEARS REFERENCING THE

40:11 - EQUITABLE INCREASE OF ALL THE

40:12 - BENEFICIARIES IN THE COURSE OF

40:14 - THE TRUST THE RACE IF YOU WILL.

40:17 - IT CONTINUES TO EXIST UNLESS

40:19 - THIS STATUTE MODIFIES

40:20 - THE NEXT SECTION THAT NEEDS TO

40:22 - BE LOOK AT THE 77.

40:26 - 72 WHICH

40:27 - IS ME CODIFICATION OF THE

40:30 - TRUSTEE WERE PRODUCED YEARS

40:31 - DUTY OF LOYALTY

40:32 - THAT PORT WHAT RIGHT INTO THE

40:34 - STATUE.

40:36 - YEAH LET'S GET TO THE QUESTION

40:37 - OF AFFECTED. THAT'S USED

40:41 - 7072 7783.

40:43 - INTERESTINGLY, A SECOND

40:45 - BENEFICIARY IS NOT ONE OF THE

40:47 - DEFINED TERMS IN SECTION CREAM

40:50 - DEFINITION SECTION.

40:54 - THERE IS NOT A

40:55 - SINGLE CASE REPORTED IN ANY

40:57 - DIFFERENT THAT HAS ATTEMPTED TO

40:59 - INTERPRET THAT SECTION

41:00 - THAT REQUIRES US IN DEFINING

41:03 - WHAT AFFECTED ME IN THAT

41:04 - CONTEXT TO THE NORMAL USE OF

41:07 - THE TERM EFFECTIVE

41:07 - MEANS IMPACT AND THEN YOU LOOK

41:10 - AT THE CONTEXT OF

41:11 - THAT SECTION. THE OVERALL

41:13 - CONTEXT OF ORPHANS COURT LAW

41:15 - THAT BRINGS IN I SUGGEST YOU

41:17 - WORK FOR A SCORE TO

41:18 - 2.5 RULE 2.5 IS THE ONE THAT

41:21 - TALKS ABOUT THE CLAIMS OF

41:23 - NOTICE THAT MUST

41:24 - BE GIVEN IF I TRUST THE FILING

41:27 - INTEREST ACCOUNTING

41:28 - INTERESTED PEOPLE. AND IT SAYS

41:31 - THE ROOM, THE TRUSTEE. I SEND

41:33 - IT AND WHAT MUST THE COMPANY.

41:36 - IF YOU ARE A

41:36 - QUALIFIED BENEFICIARY THAT TERM

41:39 - IS DEFINED IN THE U SECTION 7,

41:41 - 7, 3,

41:42 - MY CLIENT IS A QUALIFIED

41:44 - BENEFICIARY. THERE IS NO

41:46 - DISPUTE ABOUT THAT CHOOSE A

41:47 - PRESIDENT INCOME DISTRIBUTI AND

41:50 - SHE IS BEST.

41:53 - IT IS A

41:54 - QUALIFIED BENEFICIARY UNDER 2.5

41:58 - IS NOT ONLY INCREDIBLY

41:59 - RECEIVE NOTICE OF THE FILING

42:01 - SAYS IT WANTS A JUDICIAL

42:03 - DISCHARGE. 4. AND SHE HAS

42:05 - THE RIGHT BY VIRTUE

42:07 - OF THAT TO FILE A TIMELY

42:09 - OBJECTION AND

42:10 - YOU THAT MY ANSWER TO YOUR

42:12 - QUESTION IS AFFECTED NOT BEING

42:14 - THE PHONE.

42:15 - I BELIEVE AND I SUGGEST TO YOU

42:17 - ON THAT THE INVESTOR. IT

42:20 - MEANS AFFECTED. THE KUZ A

42:22 - VESTED INCOME BENEFICIARY.

42:24 - IN THE HISTORY.

42:26 - TRUST LAW HAS ALWAYS BEEN KEEN

42:29 - TO HAVE A SUFFICIENT INTEREST

42:31 - AND TO THE EXTENT THAT THE

42:33 - ALLEGATIONS HERE OR REACH OF

42:35 - OIL. I CAN'T UNDERSCORE ENOUGH

42:37 - THE SIGNIFICANCE OF THAT THAT

42:39 - IS A SEPARATE ISSUE WHICH

42:42 - ANY

42:42 - VESTED BENEFICIARY AND RAISE

42:45 - WHETHER SHE WILL BENEFIT FROM

42:46 - IT OR NOT WHEN

42:48 - THE CAUSE. IT DOESN'T EVEN

42:51 - REQUIRE THEM. FOR THE TRUSTEE

42:53 - TO BE SURE CHARGE. ALL IT HAS

42:55 - TO

42:55 - BE SHOWN IS THAT THEY BREACHED

42:57 - THE DUTY OF LOYALTY AND ANY

42:58 - PROFIT THEY REAL IT MUST

43:01 - BE DISCORD EVEN IF THE TRUST

43:03 - ITSELF WAS NOT HURT BY THAT WAS

43:05 - A VERY SITUATION IN THE

43:06 - HARRISON THE STATE, THE

43:08 - SUPERIOR COURT. IT FOLLOWED

43:10 - NEWMAN M SAYING THAT IN THE

43:12 - TOURNEY WHO REPRESENTED THE

43:14 - STATE AS AN EXECUTOR GOT A

43:15 - REFERRAL FEE. FROM A LAWYER TO

43:17 - WHOM HE SENT A MATTER

43:19 - THAT REFERRAL FEE DID NOT COME

43:20 - OUT OF THE ESTATE DISSECT ANY

43:22 - OF BENEFICIARIES OF IT THAT HE

43:25 - WAS STILL REQUIRED

43:26 - TO DISCORD THE COAST OF DUTY

43:28 - WHILE HE WAS VIOLENT AND ANY

43:31 - THAT'S THE BENEFICIARY. IT CAN

43:34 - BRING

43:34 - THAT ALLEGATION YOU HAVE TO

43:36 - PROVE OF COURSE THEY HAVE THE

43:37 - RIGHT TO DO IT. SHE HAS THE

43:39 - STAN DO SO TO ANSWER YOUR

43:40 - QUESTION BOTTOM LINE THAT'S

43:43 - GOOD. THESE AFFECTED.

43:46 - >>I CAN'T BELIEVE THIS IS THEIR

43:47 - TIME BACK IN.

43:52 - IS THIS A SURCHARGE ACTION.

43:55 - >>IT'S HARD TO TELL AT

43:56 - THIS POINT YOUR HONOR, HERE'S A

44:00 - AND HE DID IT REQUESTS FOR USER

44:03 - CHART.

44:06 - AND LET ME EXPLAIN THAT STATE

44:07 - ALL WE GOT TO WAS THE ACCOUNT

44:10 - WAS FILED. OUR CLIENT FILED

44:12 - OBJECTIONS, RAISING ALLEGATIONS

44:14 - OF THE REACH

44:14 - OF LOYALTY AND AT THAT POINT

44:17 - PNC FILED A PRELIMINARY

44:18 - OBJECTIONS. THE ONLY WORSE

44:21 - AND THEN IN HER AND IN ROCKY 3

44:23 - HE WAS GRANTED AND THAT

44:25 - DECISION WAS REVERSED. WE

44:26 - HAVEN'T GOT PAST THE PLANNING

44:28 - STAGE YET. WE HAVEN'T BEGUN

44:29 - DISCOVERY YET.

44:31 - WHERE THE CASE GOES I

44:33 - RESPECTFULLY SUGGEST IS REALLY

44:35 - DIFFICULT TO SPECULATE ABOUT AT

44:36 - THIS POINT. YES IT MIGHT WELL

44:38 - BE A SURCHARGE CATCH.

44:40 - AND I THINK THAT HAS TO FOLLOW

44:41 - THE FACTS AND DEVELOPMENT OF

44:43 - THEM WOULD OCCUR IN DISCOVERY.

44:45 - WE'RE SIMPLY LOOKING FOR A SEAT

44:46 - AT THE TABLE TO PREPARE

44:48 - THE CASE AND THEY WERE KIDS.

44:52 - >>YOU HAVE TO KNOW

44:52 - SOME FACTS AND YOU KNOW A GUY

44:55 - REACHES DID YOU HEAR YE.

44:58 - >>WE HAVE WE KNOW THE FACTS

45:00 - THAT OR.

45:01 - AVAILABLE AND CLEAR FROM THE

45:03 - ACCOUNTING THAT FILED THAT

45:05 - CLAIM THIRTY-FOUR-YEAR

45:06 - ACCOUNTING. STREAM

45:09 - LEA LORE. AND IT DOES REFLECT

45:12 - INVESTMENTS THAT HAVE RAISED

45:14 - CONCERNS ABOUT A NUMBER

45:16 - OF SPECIFIC. OBJECTIONS AND

45:19 - SPECIFICALLY THOSE OBJECTIONS.

45:24 - DIRECT ONES ALL I'LL TELL YOU

45:26 - AND THESE ARE BASED ON WHAT THE

45:27 - INFORMATION IS. IN THE ACCOUNT.

45:38 - INVESTMENT MUTUAL FUNDS OR

45:40 - MONEY MARKET SHARE CLASSES WHEN

45:41 - LESS EXPENSIVE SURE PATIENTS

45:43 - WERE AVAILABLE.

45:44 - >>SECOND INVESTMENT IN

45:45 - PROPRIETARY PNC FUNDS OR

45:48 - FILLING THE FUNDS. SO FEELING.

45:52 - INVESTMENT IN SECURITIES USING

45:54 - SOFT DOLLARS.

45:56 - AND FOR INVESTMENT

45:57 - AND SECURITIES WE'RE IN

45:59 - AFFILIATE PNC RISKY MORE

46:01 - FAVORABLE TRADING SORTS.

46:03 - WE'VE BEEN ABLE TO GLEAN FROM

46:04 - THAT INFERRED THAT FROM THE

46:06 - INFORMATION GIVEN. THERE'S THE

46:08 - FACTS. IN DETAIL

46:11 - ABOUT THAT MUST BE OBTAINED IN

46:12 - DISCOVERY.

46:17 - >>AGAIN SO HOW

46:18 - THE SEARCH AND LET ME SAY THIS

46:20 - I DEVELOPED TO THE POINT WHERE

46:23 - IT'S REQUESTS FOR SURCHARGE.

46:26 - AND HE SAID GIVE

46:27 - HER FRIEND. A BREACH OF

46:30 - FIDUCIARY DUTY THING.

46:32 - >>IT IS A BREACH OF FIDUCIARY

46:33 - CLAIM AND WHAT COULD BE

46:36 - DIFFERENT.

46:36 - >>IS THERE A DIFFERENCE IF

46:38 - FUNNY SIDE OF ONE OF THEIR

46:40 - CHARGE. THE REFEREE SURCHARGE.

46:45 - WELL I

46:45 - THINK WHAT.

46:46 - >>YOU MAY BE ASKING HIM PLEASE

46:47 - CORRECT ME IF I'M WRONG IS

46:49 - THERE A DIFFERENCE. IF YOUR

46:50 - THEORY IS IT REACH OF LOYALTY

46:53 - AS OPPOSED TO A REACH OF

46:54 - MERE MISMANAGEMENT WHICH BY THE

46:56 - WAY THE SUPERIOR COURT MISS

46:58 - CHARACTERIZED OBJECTIONS TO BE

47:00 - THEY SAID IT WAS MERELY

47:01 - OBJECTIONS RELATED TO

47:02 - MISMANAGEMENT.

47:03 - THEY WORK INJECTIONS GO

47:05 - DIRECTLY TO THE BREACH OF THE

47:07 - DUTY OF LOYALTY IS THERE A

47:09 - DIFFERENCE THERE THERE HE IS IN

47:11 - THE

47:11 - SENSE THAT IN BREACH OF OIL

47:14 - THAT REQUIRES NO SHOWING OF

47:15 - HARM TO THE TRUST OF ALL.

47:18 - AND THE TRUSTEE CAN STILL

47:20 - BE SURCHARGE FOR THE UNFAIR

47:23 - PROFIT THAT IT KEEPS

47:24 - THE TRUSTEE CAN ONLY RECEIVE

47:26 - REASONABLE COMPENSATION HAS

47:28 - AGREED TO BY THE PARTIES WERE

47:29 - HAS APPROVED BY THE COURT.

47:30 - IT'S RECEIVING ANY BENEFIT

47:33 - MONETARY. OUTSIDE OF THAT.

47:35 - THAT'S SO HUMAN AND THAT WAS

47:38 - HIS DISCORD OR THE SUBJECT OF A

47:40 - SURCHARGE THAT'S DIFFERENT FROM

47:42 - MISMANAGEMENT. THIS MANAGEMENT

47:44 - HAS A DIFFERENT. SET OF

47:46 - STANDARDS TO DETERMINE HOW MUCH

47:48 - THE SURCHARGE WOULD BE I HOPE

47:50 - THAT ANSWERS YOUR QUESTION LIKE

47:52 - THAT IN HOW YOU PRESENT FOR

47:54 - THIS

47:55 - GIRL I A CHIEF JUSTICE SHERRY

47:57 - FOLLOWING UP THIS IS DONE WE

47:59 - DONE.

48:00 - >>YES. I WAS FOLLOWING UP ON

48:02 - THIS IS GONE

48:03 - THAT I JUST KNOW PARENTS ANY

48:06 - PLEA THAT PNC OVER

48:09 - 70 YEARS. IT'S 6 MILLION DOLLAR

48:12 - TRUST TO 73 MILLION

48:13 - DOLLAR TRUST. FRANKLY IN IN MY

48:16 - MANY YEARS AT THE BAR THAT.

48:18 - AND I'M USUALLY RESULT FOR THE

48:20 - TRUST 8. HOWEVER,

48:22 - PUTTING THAT ASIDE MY MY MY

48:24 - QUESTION TO YOU IF WE PERMIT

48:26 - YOU TO GET

48:27 - THEY HAVE IT COULD GO FORWARD

48:30 - ON THE MERITS. A

48:32 - NEW CREW. A BREACH OF FIDUCIARY

48:35 - DUTY BREACH OF LOYALTY.

48:37 - SURCHARGE THERE'S YOUR CLIENT

48:40 - AND BE

48:41 - MONEY THE FLOW FROM I PRESUME

48:44 - FROM PNC TO THE TRUCKS.

48:47 - >>WELL TO THE EXTENT THAT SHE

48:48 - HAS AN EQUITABLE INTEREST IN

48:50 - THE TRUST AS A WHOLE SHE'S

48:52 - BENEFITED BY HAVING THE TRUST

48:54 - AND HANDS IF YOU WILL WHETHER

48:57 - SHE GETS ANY OF THAT MONEY

48:58 - IS SPECULATIVE AT THIS POINT

49:00 - BECAUSE I DON'T KNOW

49:01 - HOW LONG. SHE WILL LIVE AND HOW

49:03 - LONG IT'S GOING TO BE PAID OUT

49:04 - WHAT THE FUTURE OF THAT TRUST

49:06 - WILL BE BUT SHE BENEFITS FROM

49:08 - AN ENHANCEMENT OF THE TRUST.

49:10 - >>YEAH, NO I DON'T WANT.

49:12 - I'M AGAIN I'M NOT ARGUING.

49:14 - BUT STILL IT'S $2400 HERE FROM

49:18 - 73 MILLION DOLLARS

49:19 - TRUCKS. THE SYRIAN THAT SHE

49:22 - LIVES TO A 100 ASSUME

49:24 - THAT THE.

49:25 - >>PNC KIDS DIDN'T SAY YES THERE

49:27 - WAS A BREACH OF

49:28 - FIDUCIARY DUTY THAT WAS THE

49:30 - CASE AND PAYS ANOTHER

49:32 - 10 MILLION DOLLARS TO CREST NOW

49:33 - IT'S

49:34 - 83 MILLION DOLLARS DOES SHE

49:36 - GET IT IS HERE THAT UNDERSTAND

49:39 - TRUST US AND 73 MILLION TO

49:42 - 730 MILLION. DOES SHE GET THE

49:44 - MONEY

49:44 - DOES HE WHAT I'M EXPLORING

49:46 - APPRECIATE YOUR UNIT IS ON THE

49:48 - MEDICS IN COMICS IF WE CHECKED

49:51 - ON HIM AT EXPANDING IS SHE

49:53 - AGREE.

49:55 - FOR SOME IT'S A GREAT GREAT

49:57 - INTEREST IN THIS AND

49:58 - I DO AND I'M SURE I'M NOT GOING

49:59 - TO GET ANY OF THE MONEY FROM

50:00 - THE TRUCKS. IT SHE SHE MAY NOT

50:03 - RECEIVE ANY MORE.

50:05 - IN THE $2400 THAT SHE'S

50:07 - RECEIVING NOW AND SHE MAY WELL

50:09 - RECEIVE THAT UNTIL SHE PASSES

50:11 - AWAY. THAT I WOULD RESPECTFULLY

50:14 - SUGGEST TO YOU IS

50:15 - NOT WHAT DOES NOT RESULT

50:17 - QUESTION OF WHETHER

50:18 - IT'S FREE. SHE'S A RE BECAUSE

50:22 - OF THE VIOLATION OF THE

50:23 - FIDUCIARY DUTY THAT THE TRUSTEE

50:25 - OWES HER.

50:26 - >>AS WELL AS EVERY OTHER

50:27 - BENEFICIARY OF THIS TRUST.

50:29 - AND THE CASE LAW OF THIS COURT

50:31 - OR 100 YEARS HAS RECOGNIZED

50:34 - THE RIGHT AND THE BENEFICIARY.

50:38 - SUFFERED AT THE HANDS.

50:40 - THE TRUSTEE WHO BREACHED THAT

50:42 - DUTY. THE RIGHT TO CALL THAT

50:44 - TRUSTEE ON THE CARPET FOR IT IT

50:46 - CHANGE REGARDLESS OF

50:48 - THE FARM TO THE INDIVIDUAL

50:50 - BENEFICIARY. THE CASE LAST

50:54 - >>THE GAME IS THE GROUP'S

50:55 - ARGUMENT WHICH IS AUTOMATIC.

50:58 - THIS IS AN AUTOMATIC STANDING

51:00 - CASE FROM OUR PERSPECTIVE.

51:01 - YES, SIR. OK, THANK YOU.

51:04 - ANY OTHER QUESTION FRANK JUST

51:05 - THE SNOW.

51:07 - MR. RODWELL PRESENTED IF YOU

51:09 - WANT TO SUM UP INTO HIS

51:10 - SENTENCE FEEL FREE.

51:13 - WELL I WAS SIMPLY SAYING DON'T

51:15 - FEEL COMPELLED. I DON'T KNOW

51:17 - YOU KNOW WE'RE NOT ABOUT ALL

51:18 - HUMAN WORK. I UNDERSTAND THAT.

51:20 - YOU'VE GIVEN ME AN OPPORTUNITY

51:22 - TO STATE THE CASE AND I

51:23 - APPRECIATE THAT BUT IN SUMMARY

51:24 - MY CLIENT.

51:26 - >>IS ENTITLED TO SEE THE TABLE

51:28 - AND THAT'S ALL SHE ASKS.

51:29 - SHE WANTS TO BE ABLE TO PURSUE

51:31 - IT. SHE HAS TO PROVE IT IF SHE

51:33 - CAN PROVE IT IF ALL SHE HAS A

51:36 - RIGHT TO TRY AND SHE HAS THE

51:37 - RIGHT TO PROCEED FURTHER.

51:39 - AND WE WOULD ASK THAT YOU WOULD

51:41 - REVERSE THE SUPERIOR COURT.

51:42 - THE COURT. THANK YOU. THANK YOU

51:49 - >>I UNDERSTAND YOU BOTH FOR YOU

51:51 - OR YOU THINK THEY HAVE A.

51:54 - I UNDERSTAND YOU BOTH GOING TO

51:56 - ARGUE ABOUT WE HAVE A RULE THAT

51:58 - YOU DON'T THEY DON'T GET

52:00 - THE FINAL BY VIRTUE OF NUMBER

52:02 - ARE YOU BEING SO IF YOU IT

52:04 - SEPARATE YOUR ARGUMENT THINK

52:06 - YOU ARE WE APPRECIATE THAT AND

52:08 - I WILL STOP YOU IF YOU WIN OR

52:09 - YOU THINK EVERYTHING ARE THE

52:11 - FIRST TO FEEL FREE.

52:15 - GOOD MORNING MAY PLEASE

52:16 - THE COURT.

52:17 - >>HARRY JACOBS FROM BALLARD'S

52:19 - FARM FOR THE UP HELLY PNC BANK.

52:23 - AND AS AS MENTION 9 SCREENING

52:25 - ARGUMENT THIS MORNING WITH

52:26 - PLENTY OF TO FROM THE OFFICE OF

52:28 - THE

52:28 - ATTORNEY GENERAL. I'M GOING MY

52:31 - ARGUMENT IS GOING TO ADDRESS

52:32 - THE BLACK LETTER LAW ON

52:33 - STANDING. WHY THE APPELLANT

52:35 - HERE THAT DOESN'T MEET THAT

52:38 - TEST THAT THERE IS

52:40 - NO EXCEPTION TO STANDING FOR A

52:42 - TRUST BENEFICIARY AND WHY HOW

52:44 - ONE SPORTING EVENTS TO THE

52:45 - CONTRARY TO LAW. I MISSED A

52:48 - SORT OF WHY IS GOING

52:50 - TO ADDRESS THE ROLE OF THE

52:52 - ATTORNEY GENERAL'S OFFICE FOR

52:53 - CHARITABLE TRUSTS WHY THAT YOU

52:55 - DON'T IS AN ISSUE. HERE IS

52:57 - CONTRARY TO

52:58 - PUBLIC INTEREST THAT WILL COME

53:03 - FROM NEWS RE YOU STARTING TO

53:05 - TURN GENERALS. WELL.

53:07 - I'M ALSO GOING TO ADDRESS AND

53:09 - STUART WITH DISCO. THE

53:12 - ARGUMENTS BY A FELON WHO WANT

53:14 - TO KILL. APPELLANT

53:15 - CONTENDS DAY.

53:17 - THE SUPERIOR COURT ERRED WHEN

53:20 - HE MOVED SHE DID NOT HAVE

53:21 - STANDING FOR 3.

53:23 - ITEMS NUMBER ONE TO OBJECT TO

53:25 - THE FOR THE COUNT.

53:26 - THE NUMBER 2 TO OBJECT TO THE

53:28 - PROPOSED FEE ARRANGEMENT

53:30 - BETWEEN AND IN PNC AND

53:33 - NUMBER 3 TO SEE YOU POINTED OUT

53:36 - HER DAUGHTER HAS A

53:37 - COAT RUSTY. AS A THRESHOLD

53:40 - MATTER APPELLANT HERE IS

53:41 - FORECLOSED

53:42 - FROM ARGUING ABOUT THE SUPERIOR

53:45 - COURT'S HOLDING CONCERNING THE

53:46 - LACK OF STANDING TO OBJECT TO

53:48 - THE FEE ARRANGEMENT

53:49 - AND TO SEEK APPOINTMENT OF THE

53:51 - DAUGHTERS COACH RUSTY, BECAUSE

53:53 - THESE ISSUES ARE NOT SICK FOR

53:55 - WERE

53:55 - SUGGESTED BY THIS EVENING IN

53:57 - QUESTION INVOLVED AS REQUIRED

53:59 - BY.

54:00 - LOVE THE PELLA PROCEDURE, 2116

54:03 - AND THIS COURT STAYING IN WORK

54:06 - THE COMMONWEALTH. 06:26PM

54:08 - ONE 24. THAT THIS RULE IS

54:12 - MANDATORY THERE ARE NO

54:13 - EXCEPTIONS.

54:15 - THE ISSUE

54:16 - STATED BY ACCOUNTED FOR APPEAL

54:18 - IN WHICH THIS COURT GRANTED

54:19 - REVIEW NOW

54:20 - PARAPHRASE HERE IS GETTING A

54:23 - SUPERIOR

54:24 - COURT AIR BY FINDING THAT THE

54:26 - CURRENT

54:26 - TRUST BENEFICIARY. IT DOES NOT

54:29 - HAVE WHAT A MEDIC STANDING

54:30 - TO OBJECT. 2 ALLEGED BREACHES

54:33 - OF FIDUCIARY DUTY BY A TRUSTEE.

54:36 - THAT ISSUE IS

54:37 - NOT UNCOMMON. THIS. THE PALINS.

54:41 - IT WAS TO THE PROPOSED FEE

54:42 - ARRANGEMENT BETWEEN KIND

54:43 - OF PNC THE WORK OF POUNDS

54:45 - REQUEST TO HAVE HER DAUGHTER WE

54:47 - AS

54:47 - CODE TRUSTEE AND FOR THAT

54:49 - REASON THESE ISSUES SHOULD NOT

54:51 - BE ADDRESSED BY A SCORE.

54:54 - TURNING NOW TO THE ISSUE THAT

54:55 - IS REACHED ON APPEAL. THE

54:57 - PALINS CONTENTION. THE CURRENT

55:00 - TRUST BENEFICIARY HAS STANDING

55:03 - TO OBJECT TO CONDUCT THAT DOES

55:05 - NOT IMPACT FLORIDA AND AS NEW

55:07 - BASIS IN THE LAW. THAT'S

55:09 - SOMETHING I MAY I ASK YOU ON

55:11 - THAT ONE YOU SAY IT HAS NO

55:13 - IMPACT AT ALL.

55:17 - >>FOR US IF YOU WILL PLEASE

55:18 - A WORKABLE THE CHEST.

55:22 - THAT CAN BE STATED THIS MATTER

55:23 - PENNSYLVANIA LAW HAS TO

55:25 - HOW COURTS ARE TO DETERMINE

55:27 - WHEN THE EQUITABLE INTEREST A

55:29 - SUFFICIENTLY LARGE.

55:31 - TO ALLOW A BENEFICIARY TO

55:33 - ATTEMPT TO POLICE TO CONDUCT OF

55:34 - A TRUSTEE IN OTHER WORDS THING

55:36 - BY SAYING SHE IS NOT AFFECTED.

55:39 - GOING TO THIS PROPORTIONALITY

55:41 - TEST.

55:42 - I LIKE TO HEAR YOUR OPINION ON

55:44 - WHERE THAT COMES FROM BY THE

55:45 - WAY.

55:47 - BUT BUT WHAT IS THE LITMUS TEST

55:49 - FOR BLACK LEATHER

55:49 - WE PROPOSE BY WHICH WE WOULD

55:52 - SAY A BENEFICIARY.

55:58 - TO ALLOW IT

55:58 - TO POLICE THE CONDUCT AND

56:02 - THE DEALINGS OF OF THE TRUSTEE.

56:07 - THAT MIGHT JUST AS WELL THAT

56:09 - THAT THE LEGAL STANDARD FOR

56:11 - THAT USE.

56:12 - >>THE UNIVERSAL TEST FOR

56:13 - STANDING THAT'S BEEN SENT OUT

56:14 - BY THIS COURT AND HAS BEEN

56:16 - CONSISTENTLY FALLING IN THAT IS

56:18 - THE ICE. THE

56:20 - BENEFICIARY HAD THE

56:22 - SUBSTANTIAL. THE WRECKED AND

56:25 - IMMEDIATE INTERESTS. THE

56:27 - OUTCOME OF THE LITIGATION AND

56:29 - THAT MEANS IN IN WHEN YOU LOOK

56:32 - AT THAT AND YOU APPLY THAT.

56:33 - HERE IT DOESN'T IS REALLY

56:36 - AND AND WE'LL START WITH THE

56:38 - JACKSONS THE WHAT

56:38 - THE COUNTY DOES SHE HAS A

56:41 - SUBSTANTIAL INTEREST IN THOSE

56:42 - OBJECTIONS. SHE DOES AND THE

56:44 - REASON WHY SHE DOESN'T IS

56:46 - BECAUSE THE COW DISEASE

56:48 - TRANS ACTION IS IS A RECORD OF

56:51 - THE TRANSACTIONS. THE TRUST THE

56:53 - BULGER PERIOD OF YEARS HERE

56:56 - 34 YEARS DURING THOSE 34 YEARS

56:59 - HER INTEREST.

57:01 - HER AND HER TEACHERS IS $2400

57:03 - MILLION. THERE'S NO DISPUTE IT

57:05 - WAS PAID EVERY YEAR. SHE HAS NO

57:09 - THE CONDUCT. ALLEGED CONDUCT OF

57:12 - THE TRUSTEE THAT SHE HAS

57:15 - SAD FOR HER. THE CAUSE.

57:18 - SHE HAS NOT HER INTEREST IN THE

57:20 - TRUST HAS NOT BEEN COURT AND

57:22 - WITH

57:22 - RESPECT TO OR USE IT TO ME

57:25 - ABOUT DUTY OF LOYALTY.

57:29 - SHE HAS NO INTEREST IN THE

57:31 - OUTCOME OF THE LITIGATION THERE

57:33 - AS WELL BECAUSE IT

57:34 - DOESN'T MATTER. IT WOULDN'T

57:36 - MATTER HYPOTHETICALLY IF PNC

57:38 - WAS REQUIRED TO POINT MONEY

57:40 - BACK IN THE TRUCKS. HER

57:42 - INTEREST IN THE TRUST IS THE

57:44 - SAFE. IT IS $2400 PUTTING MONEY

57:47 - BACK YOU TRUST SHE DOESN'T

57:49 - GET IT AND YOU THAT MUCH

57:51 - AND IMPORTANTLY THE BENEFICIARY

57:54 - HERE WHO WOULD GET A PEN, IT'S

57:56 - TOTALLY A HOAX THERE ARE

57:58 - OBJECTIONS.

58:00 - COUNCIL THIS IS JUST AS

58:01 - PROPERTY. HOW BAD THAT'S HER

58:03 - BEST INTEREST

58:04 - AND PROTECTED IF SHE WANTS TO

58:06 - CHALLENGE THE IMPROPER DEALINGS

58:08 - OF THE TRUSTEE OR OR OR THE

58:11 - SOUTHFIELD.

58:13 - >>WHICH COULD AFFECT HER

58:14 - $2400.2 DOESN'T HAVE STANDING

58:16 - AND SHE SHOULDN'T HAVE STANDING

58:17 - FOR A VERY GOOD REASON. ONE OF

58:19 - THE KEY PURPOSES OF STANDING IS

58:22 - TO ENSURE THAT

58:23 - THE PROPER PARTY IS BEFORE THE

58:26 - COURT. SOMEONE IN MS. REID'S

58:29 - POSITION.

58:31 - HASN'T BEEN HARMED. THE THERE'S

58:33 - NO DISPUTE ABOUT THAT AND YET

58:36 - EVEN IF SHE WINS THE MATTER,

58:39 - OKAY, USING GETTING ONE DOLLAR.

58:43 - THE THE PARTY BEFORE THE COURT.

58:46 - THE REALLY GAINING

58:47 - THE MATTER AND ESPECIALLY IN

58:50 - THE TRUST

58:50 - TO PROTECT WHERE UNDER THE LAW

58:53 - THE TRUSTEE IF IT IS SUCCESSFUL

58:54 - IN THE LITIGATION. IF THE

58:56 - TRUSTEE IS SUCCESSFUL. THE

58:58 - TRUSTEE IS ENTITLED TO HAVE ITS

59:01 - LEGAL FEES PAID OUT THE

59:03 - PUBLIC TRUST. SO WHEN THAT

59:05 - SITUATION THAT YOU'RE POSING.

59:07 - IT IS REALLY IS GOING TO

59:09 - MAKING. A VERY

59:11 - EXPENSIVE CASE. OKAY, SHE'S NOT

59:14 - THE PROBLEM PARTIES BECAUSE TO

59:15 - PUT IT. SHE HAS NO SKIN IN THE

59:18 - GAME. IF THAT.

59:18 - >>AND JUST JUST.

59:23 - SHE DOESN'T HAVE ANY STANDING

59:25 - WHY WOULD YOU SEND OR OF THE

59:27 - FORMER ALTAR NOTICE IN JANUARY

59:30 - 2018.

59:33 - TELLING HER SHE NOW TO CHECK TO

59:34 - THE FILING.

59:37 - JUSTICE STANDING IS NOT.

59:38 - >>AND NO REQUIREMENT FOR.

59:40 - >>FOR SENDING THAT POINT NO

59:42 - HITS OKAY, I BELIEVE REFERRED

59:45 - TO THEY NEED TO BE QUALIFIED

59:47 - BENEFICIARY QUALIFIED

59:48 - BENEFICIARY IS NOT SOMEONE WHO

59:50 - HAS STANDING AND SO THAT IS WHY

59:53 - SHE WOULD GET THE NOTICE

59:55 - BECAUSE THAT IS STATUTORILY

59:56 - REQUIRED. BUT THERE IS NOTHING

59:58 - 290 IN THE STATUTE THAT SAYS THAT

01:00 - 01.890 INTEREST BENEFICIARY WHO GETS

01:00 - 03.760 THE NOTICE. THAT'S AFTER THEY

01:00 - 05.270 GET THE NOTICE. IT CAN COME

01:00 - 06.950 TO COURT AND FOR ALL THE

01:00 - 08.790 DIRECTIONS IN WHICH THEY

01:00 - 11.190 THEY'RE NOT AGREE. THEY'RE NOT

01:00 - 12.750 HARM. AND

01:00 - 15.230 ABSOLUTELY NO STAKE IN THE

01:00 - 16.460 OUTCOME OF THE LITIGATION.

01:00 - 19.050 >>THERE'S JUSTICE TIDE HERE.

01:00 - 21.250 ACCORDING TO YOUR OPPOSING

01:00 - 23.490 COUNCIL, HOWEVER SHE DOES HAVE

01:00 - 25.410 AN INTEREST OR SHE CAN BE

01:00 - 29.640 AGREE BECAUSE RESULT COULD

01:00 - 32.330 ENHANCE OR DIMINISH THE TRUST

01:00 - 35.390 SHE HAS AS A

01:00 - 37.290 QUALIFIED BENEFICIARY, AND THE

01:00 - 38.900 INTEREST GENERALLY IN THE

01:00 - 40.270 VALUE, THE TRUST COULD YOU

01:00 - 40.740 RESPOND

01:00 - 44.150 TO THAT TO BE CLEAR

01:00 - 46.430 THE BENEFICIARY. IT DOES NOT

01:00 - 47.540 ONLY ASSETS OF

01:00 - 50.450 THE TRUST AND THAT IS JUST IS

01:00 - 51.850 NOT GOING TO EXPLAIN HER

01:00 - 53.410 DECISION IN MCALEER.

01:00 - 55.770 >>WHEN INTEREST BENEFICIARY HAS

01:00 - 58.480 IS AN AFFABLE RIGHT TO TO

01:00 - 00.940 DRIVE BENEFITS FROM THE

01:01 - 03.350 TRUST ASKED AND SO IN THE

01:01 - 04.600 QUESTION IF YOU'RE RAISING.

01:01 - 06.900 FOR EXAMPLE, YOUR PALIN HERE

01:01 - 08.810 HAS TO EQUITABLE RIGHT TO DUBAI

01:01 - 10.440 BENEFIT FROM THE TRUST ASKED,

01:01 - 13.090 BUT HER ALL RIGHT TO DIVIDE THE

01:01 - 15.200 BENEFIT. WHAT IS THE BENEFIT

01:01 - 16.260 SHE'S ENTITLED TO DRIVE.

01:01 - 17.530 WELL THAT DEPENDS ON WHAT THE

01:01 - 19.210 TRUST SAYS YOU'RE THE TRUST IT

01:01 - 22.270 HAS IT'S $2400. THE YEAR.

01:01 - 24.540 SO ONE QUESTION THAT

01:01 - 27.870 IN QUESTION. THE U

01:01 - 30.140 OPPOSED PUTTING MONEY BACK IN

01:01 - 32.550 THE TRUST. IT DOES NOT CHANGE.

01:01 - 35.360 SHE HAS WHICH

01:01 - 37.280 IS THE RIGHT TO DERIVE BENEFIT

01:01 - 38.610 FROM THE TRUST ASSETS NET

01:01 - 41.850 BENEFIT IS LIMITED TO $2400

01:01 - 42.200 A YEAR.

01:01 - 44.130 >>IT COULD FOLLOW UP ON THAT A

01:01 - 45.770 RECENT COUNCIL I MEAN IT SEEMS

01:01 - 47.940 TO ME OR YOU CASES IF IT'S AN

01:01 - 49.240 ARMS LEAGUE CONTRACT

01:01 - 50.790 TRANSACTION CASE AND

01:01 - 53.800 NOT A TRUST CASE INVOLVING THE

01:01 - 55.610 SHARING DUTIES TO THE PERSON.

01:01 - 57.030 ONE OF THE PEOPLE WHO HAS THE

01:01 - 57.670 EQUITABLE

01:02 - 01.420 THIS QUAKE IN THIS CASE THE

01:02 - 04.570 LIFE INTEREST BUT LET ME LET ME

01:02 - 05.860 TEST YOUR SKIN IN THE GAME

01:02 - 06.360 ARGUMENT.

01:02 - 10.410 SO YOU SAY SHE'S GOT NO SKIN IN

01:02 - 11.780 THE GAME SUPPOSE THERE WERE.

01:02 - 14.790 NOT ONE OF THOSE 3 THERE WERE 3

01:02 - 16.360 DOZEN ELIZABETH READS THE SET

01:02 - 17.470 WILL HAVE A LARGE FAMILY.

01:02 - 20.540 AND THEY THEY ALL GOT HIS FEET

01:02 - 23.210 WITHOUT PNC IS SO PLAYING

01:02 - 25.690 OR WHATEVER PSE IS DOING THAT

01:02 - 27.810 THE EXPENSIVE LAWYER FEES OUT

01:02 - 28.930 OF THE TRUST CORP IS OR WHAT

01:02 - 29.240 HAVE YOU.

01:02 - 32.880 IT WAS GREAT ENOUGH SKIN IN THE

01:02 - 34.640 GAME THEN ON MY

01:02 - 36.400 POINT IS ARE WE

01:02 - 37.760 GOING TO DIRECT OUR TRIAL

01:02 - 39.380 JUDGES ACROSS THIS COMMONWEALTH

01:02 - 40.740 ORPHANS COURT DIVISIONS.

01:02 - 43.730 THE WAY OUT. NUMERATOR AND

01:02 - 44.490 DENOMINATOR

01:02 - 46.480 AND SAY WELL, THERE'S JUST ONE

01:02 - 48.110 ELIZABETH RE NOT ENOUGH SKIN IN

01:02 - 50.190 THE GAME SO THOSE STANDING.

01:02 - 52.710 BEEN HERE WE'VE GOT ELIZABETH

01:02 - 55.540 MADE IN HER 20 COUSINS. OKAY,

01:02 - 56.920 THAT'S ENOUGH SKIN IN THE GAME.

01:02 - 58.990 I'LL LET YOU HAVE STANDING HOW

01:02 - 59.780 IS THAT A TEST.

01:03 - 03.340 SO I JUST AS WHEN I FIRST

01:03 - 03.770 OF ALL.

01:03 - 05.690 >>THE GOODNESS THE TEST IS NOT

01:03 - 07.400 A NEW LEADER AND THEY NEED TO

01:03 - 08.980 NOMINATE OR THAT HASKINS.

01:03 - 13.340 PARTY COMES TO COURT. DURING

01:03 - 14.680 THE ENTIRE ACCOUNTING PERIOD.

01:03 - 17.880 OKAY, GOOD THEY HAVEN'T BEEN

01:03 - 19.390 HOME AND THEN IF YOU'RE GETTING

01:03 - 21.170 TO THIS SECOND QUESTION.

01:03 - 27.460 THE BENEFICIARY. THE DAMAGE.

01:03 - 31.090 THE CONDUCT. SHE'S

01:03 - 33.010 ALLEGING TRUSTING EACH DAY.

01:03 - 35.190 THAT CONDUCT

01:03 - 38.100 IS THAT IT'S GOING TO HARM THE

01:03 - 40.130 BENEFICIARY GOING FORWARD, YOU

01:03 - 41.440 DO WHAT YOU DO IN ANY CASE

01:03 - 42.820 WHICH IS APPLIED THIS

01:03 - 45.790 SUBSTANTIAL DIRECT AND AND BE

01:03 - 45.900 IT.

01:03 - 49.300 IT'S NOT A GREATER AND INTO

01:03 - 51.080 NOMINATING TEST AND COURTS

01:03 - 53.430 APPLY IT. ALL THE TIME IN.

01:03 - 57.010 A VERY WIDE VARIETY.

01:03 - 00.880 SOME AREAS. WHAT HE IS AND IT

01:04 - 02.420 IS IMPORTANT THAT IS

01:04 - 05.290 THE BURNING. LEADING COMING

01:04 - 06.850 FORWARD TO ESTABLISH THAT

01:04 - 08.360 PERSON DOES HAVE STANDING.

01:04 - 09.890 SO THERE YOU HAVE A PROBLEM

01:04 - 11.990 PARTY BEFORE YOU AND YOU HAND

01:04 - 14.750 WE SHOULDN'T CONTROVERSY AND I

01:04 - 16.400 I WANT TO ADD TO THAT YOU KNOW,

01:04 - 19.060 BUT THE FLIP SIDE. THE

01:04 - 22.090 CURRENT SITUATION. IS IN ITS

01:04 - 24.130 AND THAT IT IS THE NOTION,

01:04 - 25.840 THEN IT. WELL NIC THERE SHOULD

01:04 - 27.630 BE GOING MAX THE NEED FOR TRUST

01:04 - 29.530 BENEFITS YEAR. IT WOULD BE

01:04 - 31.770 TERRIBLE POLICY. FIRST OF ALL

01:04 - 33.100 IT WOULD IGNORE THE INTENT OF

01:04 - 34.650 THE TRUST SAID THE TRUST

01:04 - 36.960 SETTLER SENT OUT. FOR EXAMPLE

01:04 - 38.620 FOR YOU KNOW WHAT THAT THEY'RE

01:04 - 40.750 LIVID THAT THEIR INTEREST IS

01:04 - 41.980 LIMITED TO GETTING PAID AT A

01:04 - 43.750 NEW AD AND NOTHING ELSE.

01:04 - 46.220 AND GIVING THE BENEFICIARY

01:04 - 46.760 STANDING.

01:04 - 49.760 AND ARE YOU ABOUT.

01:04 - 52.460 TRUSTEE CONDUCT THAT DOES NOT

01:04 - 55.180 IMPACT ONLY INTERESTED IN HALF.

01:04 - 59.210 THE VIOLENCE. THE SETTLERS IN

01:04 - 00.830 TECH AND SECOND.

01:05 - 03.360 THIS CASE IS A PERFECT

01:05 - 05.500 DEMONSTRATION OF WHERE THIS

01:05 - 06.810 GOES WRONG. IT NOW.

01:05 - 09.510 THEY HAVE ANY BENEFICIARY TO

01:05 - 11.490 CHALLENGE THE CONDUCT. THE

01:05 - 13.650 TRUST ME BY THROWING UP AND HOW

01:05 - 14.780 HE SHOULD REACH INTO THE

01:05 - 17.220 ATLANTIC IN ANY BENEFICIARY.

01:05 - 19.690 IT CAN I CHALLENGE TRUST THE

01:05 - 21.470 DECISIONS FOR ULTERIOR MOTIVE.

01:05 - 23.750 MERELY BY MAKING THAT

01:05 - 25.480 ALLEGATION AND USE EXPENSIVE

01:05 - 26.200 DISCOVERY IS

01:05 - 28.160 LEVERAGED PERCENT. AND IT'S

01:05 - 29.170 AGAIN IT'S THE TRUST TO

01:05 - 30.310 SPENDING THE MONEY ON

01:05 - 32.470 THE DISCOVERY AND OTHER

01:05 - 34.620 BENEFICIARIES WHO ARE AGAINST

01:05 - 37.490 THE MEASURE. THE IT DOES THE

01:05 - 39.590 THEY'RE MAKING A LOT OF

01:05 - 42.530 ASSUMPTIONS HERE. THE SETTLERS

01:05 - 43.210 5 NOT.

01:05 - 44.450 BE.

01:05 - 47.150 >>THEN A FISH EERIE NAMED HER

01:05 - 47.820 ITS CASE.

01:05 - 50.690 BENEFITS YOU RECOGNIZING THE

01:05 - 53.970 DAY IN IN FLORIDA IN THE

01:05 - 55.850 PERFECT REALLY IN THE TRUST

01:05 - 58.430 THIS GETS HER $20 A YEAR IN THE

01:05 - 59.640 PERFECT FOOD IN THE PRESS.

01:06 - 02.880 SO AND YOU KNOW IT SEEMS PRETTY

01:06 - 04.420 SPECTACULAR IN THE STATE.

01:06 - 07.150 SADLER. IT WOULD NOT WANT HER.

01:06 - 10.100 THE P A WATCHDOG THE

01:06 - 11.580 4 PRODUCTS. WHEN

01:06 - 13.160 YOU HEARD DIFFERENTLY BE USED

01:06 - 15.070 TO PAY BY WITH WITH THEM.

01:06 - 17.220 BUT I THOUGHT YOU

01:06 - 18.880 HEARD DIFFERENT LEAVING,

01:06 - 20.810 SEPARATELY YOU MEAN BECAUSE SET

01:06 - 22.510 WE CAN THINK OF ME TO GIVE ME

01:06 - 24.990 ANYTHING CRIME AND ONE OF THEM.

01:06 - 29.000 >>SHE JUST AS THERE IS.

01:06 - 31.760 ABBAS IS

01:06 - 33.550 ASHLEY MORNING. THESE REACTORS

01:06 - 34.960 WATCHED ON WHO CAN PROVIDE FOR

01:06 - 36.560 THAT AND I THINK THE INSTRUMENT

01:06 - 37.210 FOR EXAMPLE.

01:06 - 39.640 THEY EVEN PROVIDE FOR HER TO

01:06 - 40.440 HAVE ANY.

01:06 - 43.510 AND HE WOULD CALL FOR EXAMPLE

01:06 - 44.560 IN THE SCHOLARSHIPS WITH

01:06 - 44.930 RESPECT

01:06 - 46.890 TO PENN. ANYTHING ELSE WE'VE

01:06 - 48.270 ONLY THING HE PROVIDED FOR THIS

01:06 - 49.680 $2400 A YEAR

01:06 - 51.840 AND RESPECTFULLY IF THAT'S THE

01:06 - 53.240 ONLY FORCE THE TRUST THAT WERE

01:06 - 54.290 PROVIDED FOR

01:06 - 57.770 THEN THAT'S THE SETTLERS IN 10.

01:06 - 00.170 AND GOING BEYOND THAT.

01:07 - 05.210 BASICALLY YOU KNOW IN OTHER

01:07 - 06.370 YEARS WITH THE SETTLERS IN

01:07 - 06.650 TECH.

01:07 - 10.360 >>I THINK I'M WAITING TO HEAR

01:07 - 12.790 FROM 88 AND THEY I

01:07 - 15.980 WHAT IF THINGS YOU'RE NOT

01:07 - 17.640 SAYING THAT WE GET TO DO FORCE

01:07 - 18.690 IN BOTH THE UNIVERSITY

01:07 - 21.500 OF PENNSYLVANIA. AND THE GREAT

01:07 - 25.270 ALL THESE IN A TRUST AND A

01:07 - 27.340 WATCHDOG GROUP SO IT'S SO IT

01:07 - 32.980 FOR US WE ARE STARTING TO SPEND

01:07 - 36.520 24 PER YEAR THAT AREA WITH 3.

01:07 - 38.400 THERE'S I HAVE WATCHED THE

01:07 - 40.230 OVERALL IT DOESN'T ALLOW

01:07 - 43.400 PNC YOU IT BE ABUSED EXPECT.

01:07 - 45.960 >>THAT THAT'S CERTAINLY

01:07 - 47.560 CORRECT IN I'M TRYING TO BE

01:07 - 49.190 EXTRAORDINARILY CAREFUL SOON AS

01:07 - 50.510 THERE IS NO OVERLAP BETWEEN

01:07 - 52.120 MYSELF AND MISTER STUART

01:07 - 55.170 FEARING THAT I WOULD NOT GO THE

01:07 - 56.740 COFFEE THAT YOU'RE INVESTING

01:07 - 58.410 FOR US I REALLY HAVE I TO

01:07 - 59.500 QUESTION WHAT

01:07 - 04.190 1 AND HE JUST CONFIRMED FOR IN

01:08 - 05.400 IN THE ORDINARY COURSE.

01:08 - 07.330 WHEN THE COURT MAKES A

01:08 - 09.090 DETERMINATION AS TO WHETHER OR

01:08 - 10.580 NOT I MEAN THIS IS A

01:08 - 11.930 SUBSTANTIAL DIRECT AND

01:08 - 13.730 IMMEDIATE THERE'S ALWAYS A

01:08 - 16.070 BALANCING ACT 8 PLACE IS THAT

01:08 - 16.650 NOT CORRECT.

01:08 - 20.720 AGAIN ACCORDING TO COURT TO

01:08 - 22.560 DECIDE IF THERE'S AN INCREASE,

01:08 - 24.820 BUT IT'S NOT EVEN PRESENT AND

01:08 - 26.190 OR NOT THE MEDIA

01:08 - 29.260 OR RAP AND IT MIGHT BE ENDING

01:08 - 30.910 THIS AREA OF THE LAW CORRECTLY.

01:08 - 34.140 ABSOLUTELY OKAY, MY SECOND

01:08 - 35.330 THING THAT I DO.

01:08 - 37.950 AND YOU SEE THAT I WROTE AND

01:08 - 39.240 TRYING TO PROBE A LITTLE BIT

01:08 - 41.550 WITH A COZY COUNCIL ON.

01:08 - 45.980 WHEN A SURCHARGE ACTION I IS IS

01:08 - 48.700 BROUGHT. THERE IS

01:08 - 51.970 YOU KNOW FIRE ME THAT HARM TO

01:08 - 54.250 THE TRIAL. HE IS SAMPLES IN MY

01:08 - 54.670 CRAFT.

01:08 - 59.040 >>SO LET ME BACK UP FOR A

01:08 - 01.800 SECOND TIME. JUST AS GOOD DON'T

01:09 - 03.300 YOU FIRST OF ALL I WAS HOPING

01:09 - 06.080 TO ADDRESS FIRST OF ALL I THINK

01:09 - 07.950 YOU ASKED IN A CRIMSON GET YOUR

01:09 - 08.940 QUESTION I BELIEVE YOU

01:09 - 10.690 HAD ASKED A JUDGE ON WHETHER

01:09 - 12.600 THERE WAS A SURCHARGE REQUESTED

01:09 - 14.510 IN THIS SECTION AND OR IS IT IS

01:09 - 16.460 SENT ITS EXPORT BEEN IN A

01:09 - 17.940 REALLY PRETTY OBJECTION SO WITH

01:09 - 19.290 RESPECT TO SO

01:09 - 21.810 THE SURCHARGE IS A TYPE OF THE

01:09 - 25.310 WEEK AND THE CLEAN FOR WHICH.

01:09 - 28.800 IT IS TRUE. NO LOSS IS

01:09 - 29.540 REQUIRED.

01:09 - 33.940 NO LOSS IS REQUIRED. TO

01:09 - 35.680 ESTABLISH A CLAIM.

01:09 - 38.400 4 REACH OF THE DUTY OF LOYALTY.

01:09 - 40.500 HOWEVER, THAT DOES

01:09 - 42.610 NOT NEED IT SIMPLY BECAUSE

01:09 - 44.350 NO LOSSES REQUIRED FOR THAT

01:09 - 45.760 CLAIM IT DOESN'T NEED YOU

01:09 - 47.840 DON'T. IT MEANS STANDING TO

01:09 - 50.390 BREAK. IF THAT

01:09 - 51.950 IS NOT SPEED AND

01:09 - 55.760 IN FACT IN SECTION 7073 THAT

01:09 - 57.850 EXPRESSLY STATES THAT

01:09 - 59.770 RECOVERY FOR THEY CERTAINLY

01:09 - 01.410 APPRECIATE DUTY OF LOYALTY.

01:10 - 04.500 IT LIMITS RECOVERY TO IN EFFECT

01:10 - 06.250 A BENEFICIARY AND WHO IS

01:10 - 09.460 INFECTED BENEFICIAR AND THE

01:10 - 11.450 WORK THAT THEY DID USE THE SAME

01:10 - 11.800 WORD.

01:10 - 14.550 BUT DOES THAT FOR ME WHAT WHAT

01:10 - 16.450 DOES AFFECTED BENEFICIARY

01:10 - 18.500 MEANING AS IF HE'S IN THE U.S..

01:10 - 21.680 >>JUST AS 9 US, IT'S TRUE THAT

01:10 - 23.380 IS THE TERM EFFECT IT IS NOT

01:10 - 25.020 ITSELF DEFINED. BUT I WOULD

01:10 - 26.280 CERTAINLY SAY THAT THE TERM

01:10 - 28.920 AFFECTED IS THIS SAME TERM THAT

01:10 - 31.610 IS USED BY HIS WORK IN MANY

01:10 - 33.310 OTHER PORTS TO DEFINE STAND.

01:10 - 35.730 IT IS SOMEONE WHO HAS ADVERSELY

01:10 - 37.220 AFFECTED AND THAT'S WHAT THE

01:10 - 37.590 TERM.

01:10 - 40.980 THAT'S WHAT THE TERM AFFECTED

01:10 - 42.290 BENEFICIARY WEEKS.

01:10 - 45.120 >>OK SO YOU KNOW I UNDERSTAND

01:10 - 45.800 THE ANSWER TO

01:10 - 49.460 MY QUESTION. ALTHOUGH NO HARD

01:10 - 52.390 ME ESTABLISHED. IN THE CONTEXT

01:10 - 54.440 OF A SURCHARGE ACTION.

01:10 - 58.350 THE HARM THAT BEING THE GUY IS

01:10 - 00.340 NO HARM TO THE PRESS.

01:11 - 03.820 THE RAYS. BUT HE STILL NEEDS

01:11 - 07.590 STANDING TO BRING THE SURCHARGE

01:11 - 09.000 ASHLEY OR

01:11 - 15.570 >>SO. MY MY DIFFICULTY WITH

01:11 - 16.480 THAT IS THAT.

01:11 - 19.710 SURCHARGE THAT IS

01:11 - 21.270 IS A IS A MUCH BROADER TERM

01:11 - 22.770 THERE CAN BE MANY INSTANCES IN

01:11 - 25.240 WHICH BEFORE IT'S A SURCHARGE

01:11 - 26.760 MEANS THAT THE TRUSTEE TAKES

01:11 - 27.930 MONEY OUT OF THEIR OWN POCKET

01:11 - 29.390 TO PUT IT IN THE TRUCK REST.

01:11 - 32.650 AND THAT COULD HAPPEN IN IN A

01:11 - 35.220 VARIETY OF INSTANCES, THE ONLY

01:11 - 35.650 POINT.

01:11 - 40.650 NO LOSSES REQUIRED EASY REACH

01:11 - 42.870 OF THE DUTY OF LOYALTY. THERE

01:11 - 45.190 ARE OTHER CLAIMS FOR WAGE.

01:11 - 47.580 A SURCHARGE COULD BE IMPORTED

01:11 - 49.920 WHERE A LOSS IS ABSOLUTELY

01:11 - 50.370 REQUIRED.

01:11 - 59.830 THEY WANTED TO

01:11 - 02.470 THAT CONCLUSION. AND I WAS

01:12 - 05.250 DISCUSSING BEFORE. WHY IT IS

01:12 - 07.410 SET GETTING A BENEFICIARY

01:12 - 08.700 FANATIC STANDING WITH THE

01:12 - 11.780 TERRIBLE POLICY AND THAT IS

01:12 - 12.580 BECAUSE.

01:12 - 16.720 THE BLADE TRULY AN EVIL TRUST

01:12 - 17.110 RULE,

01:12 - 19.820 THE NATION'S AND ONE PRESENTED

01:12 - 21.300 HERE IS NOT A SPECULATIVE

01:12 - 23.750 LIKE THAT THE APPELLANT IN THIS

01:12 - 25.940 CASE, 418 DISCOVERY REQUESTS.

01:12 - 28.330 SHE IS A PENDING PETITION TO

01:12 - 31.620 INCREASE HER NEARLY 2700% BASED

01:12 - 34.580 ON THE 2700%, THIS TRUST HAS

01:12 - 35.800 INCREASED OVER

01:12 - 38.710 IT'S LIKE AND HE VERY EXPENSIVE

01:12 - 41.070 LITIGATION. SHE IS PURSUING IS

01:12 - 42.930 NOT GOING TO BE FUNDED BY IT'S

01:12 - 44.860 GOING TO BE FUNDED BY INCOME.

01:12 - 45.740 THEN THIS

01:12 - 48.820 YEAR E AND IS OPPOSED BY 10 AND

01:12 - 49.570 YOU TURN JEN

01:12 - 52.720 IN GRANTING TRUST BENEFICIARY,

01:12 - 54.490 FANATICS STANDING MAYBE OPEN

01:12 - 56.300 THE FLOODGATES THE TRUST TO

01:12 - 58.340 LITIGATION. THERE IS NO GOOD

01:12 - 00.360 BASIS TO HAVE MORE THAN THAT

01:13 - 02.910 STANDING 4 THE TRUST

01:13 - 05.090 BENEFICIARY IN RESPECTFULLY YOU

01:13 - 06.380 CAN YOU KNOW THE SUPERIOR COURT

01:13 - 07.030 SHOULD BE A FIRST.

01:13 - 08.930 >>AND I ASKED A QUESTION THAT

01:13 - 11.010 COUNCIL OF THE U TURN IT OVER.

01:13 - 15.060 SUPPOSE AND INSTEAD OF THIS

01:13 - 17.060 NEW ENGINES. THIS PESKY

01:13 - 18.850 BENEFICIARY OF CHALLENGE THIS

01:13 - 20.460 IT CAN BE A TRUST ROLE.

01:13 - 24.910 >>ABSOLUTELY NOT 10 PENN IS AN

01:13 - 27.470 INCOME BENEFICIARY AND TO GIVE

01:13 - 28.680 YOU A HIGH BUT TO GIVE A

01:13 - 29.570 HYPOTHETICAL.

01:13 - 32.800 IT THERE ONCE IN A GEISHA

01:13 - 34.790 BREACH OF THE DUTY OF LOYALTY.

01:13 - 37.040 AND AND THAT.

01:13 - 39.480 WHEN HE WENT BACK IN THAT ROSS.

01:13 - 42.460 IT IS CAME RIGHT HERE

01:13 - 44.160 SCHOLARSHIP PROGRAM WOULD

01:13 - 45.970 BENEFIT BECAUSE THERE WILL BE

01:13 - 48.120 MORE MONEY IN THE TRUST THE PAY

01:13 - 50.310 OUT. TO PAY.

01:13 - 52.230 THEY'RE IN COMPLETELY DIFFERENT

01:13 - 52.620 POSITION.

01:13 - 57.240 THANK YOU VERY MUCH.

01:13 - 59.950 >>WE'LL HEAR FROM YOUR COKE ON

01:14 - 11.760 IS TO SIR, YOUR IMMUNITY.

01:14 - 14.480 >>AND JUST REALIZE THAT AND YOU

01:14 - 15.030 HEAR ME NOW.

01:14 - 18.430 MAY IT PLEASE THE

01:14 - 20.010 COURT ON PLENTY OF STORIES FROM

01:14 - 20.400 THE ATTORNEY

01:14 - 22.980 GENERAL'S OFFICE AND YOU KNOW,

01:14 - 24.400 AND THE ATTORNEY GENERAL IS

01:14 - 26.320 INVOLVED IN THIS CASE BECAUSE

01:14 - 27.300 THAT THE ATTORNEY GENERAL

01:14 - 29.260 IS UNIQUE THE ROLE OF PARENT

01:14 - 31.650 HAVE HAIR AND THAT TREE I IN

01:14 - 33.780 OVER BEING CHARITABLE TRUST FOR

01:14 - 35.940 THE BENEFIT AND THE GENERAL

01:14 - 38.300 PUBLIC. FROM THE ATTORNEY

01:14 - 38.740 GENERAL.

01:14 - 42.660 THE ATTORNEY GENERAL YOU COULD

01:14 - 44.810 SAY HAS AUTOMATIC STANDING.

01:14 - 47.020 TO BECOME INVOLVED

01:14 - 49.420 IN CASES THAT'S HIS 5TH WHERE

01:14 - 51.520 THE CHARITABLE, THE INTEREST OF

01:14 - 54.120 THE STATE. BUT

01:14 - 55.510 THE PALIN

01:14 - 57.350 UNPRECEDENTED ARGUMENTS FOR

01:14 - 59.360 AUTOMATIC STANDING FOR HERSELF.

01:14 - 02.230 IN A DEPARTURE FROM

01:15 - 04.650 EXISTING LAW. THE WREATH AT THE

01:15 - 06.110 BANK IS ALREADY FROM RIGHT.

01:15 - 10.580 AND THE FILM. IT NOT

01:15 - 11.290 ONLY IN

01:15 - 14.820 WITH GENERAL STANDING PRINCIPAL

01:15 - 16.210 THAT WE'RE ALL FAMILIAR WITH,

01:15 - 18.320 BUT IT ALSO APART

01:15 - 18.710 FROM THAT

01:15 - 21.270 THE CONCEPT THE VERY CONCEPT

01:15 - 22.700 THAT THE ATTORNEY GENERAL HAS A

01:15 - 24.250 PARENT I ROLL AND IS

01:15 - 27.600 RESPONSIBLE FOR OVERSEEING THE

01:15 - 29.400 OPERATION THE CHARITABLE TRUST

01:15 - 31.480 FOR THE VERY REASON THAT WE'RE

01:15 - 32.820 THAT

01:15 - 35.190 OUT IN MOST NOTABLY THE PROVE

01:15 - 36.990 YOUR CASE BUT ALL THE HERSHEY

01:15 - 38.480 TRUST FAITH AND PLENTY OF OTHER

01:15 - 41.670 CASES IN AND BUILD A NEW JERSEY

01:15 - 41.940 THROUGH.

01:15 - 47.530 FRANKLY IS NOT A

01:15 - 50.390 FACTOR FOR THE APPELLANT FINALE

01:15 - 51.870 HERE AND THAT'S VERY TROUBLING.

01:15 - 54.790 JUST AND FAIR I THINK EARLIER

01:15 - 56.390 BROUGHT UP THE QUESTION WHICH

01:15 - 58.500 IS REALLY THE KEY FROM THE

01:15 - 59.860 ATTORNEY GENERAL'S POINT OF

01:15 - 02.480 VIEW HERE AND THAT IS WHO HAD

01:16 - 06.020 WATCHED OR SO. THE BENEFICIARY.

01:16 - 09.290 IN THE UNIVERSE IN PENNSYLVANIA

01:16 - 09.780 AND THE DOLLAR

01:16 - 12.020 SHIP PROGRAM HAS BEEN WATCHDOG

01:16 - 13.990 ROLE IN ORDER TO PROTECT IT.

01:16 - 15.510 THE BANK INTEREST.

01:16 - 18.050 THE ATTORNEY GENERAL'S OFFICE

01:16 - 19.430 AND THE ATTORNEY GENERAL ON

01:16 - 20.600 BEHALF OF THE ENTIRE

01:16 - 22.950 COMMONWEALTH. AS THE

01:16 - 25.900 WATCHDOG ROLE THEN HOPEFULLY

01:16 - 26.310 WOULD.

01:16 - 29.390 THEY GUARD THE TRUST OR ANY

01:16 - 31.200 FROM THE KIND,

01:16 - 34.020 A PROBLEM THAT MIGHT OR MIGHT

01:16 - 35.080 NOT PRY.

01:16 - 39.750 AGAIN THAT PROF THOUGH VAST

01:16 - 41.780 MAJORITY OF THE CROSS THAT UP.

01:16 - 44.290 A

01:16 - 46.390 FELLOWSHIP PROGRAM. THE

01:16 - 48.110 UNIVERSITY THAT OPERATE THAT

01:16 - 51.050 PROGRAM IS ENTIRELY SATISFIED

01:16 - 52.300 WITH HOW THINGS HAVE BEEN

01:16 - 53.100 OPERATED.

01:16 - 56.160 AND THE ATTORNEY GENERAL

01:16 - 58.270 100 YOU EARLIER IN THE

01:16 - 59.820 PROCEEDING WITH THAT FIGHT AS

01:16 - 00.230 WELL.

01:17 - 03.220 THE X FACTOR.

01:17 - 06.550 A TERRIBLE THING HAPPENING.

01:17 - 12.800 BUT IT DOES APPEAR YOUR COURT

01:17 - 14.240 ACKNOWLEDGED IT TWICE AND HIT

01:17 - 16.580 THE PIN. IT IS THE JOB OF THE

01:17 - 18.670 ATTORNEY GENERAL TO STEP IN AND

01:17 - 21.120 TAKE ACTION IF NECESSARY IN

01:17 - 23.350 MAKE SURE THAT CONTRACT SEE

01:17 - 24.630 WHOEVER IT IS DOES NOT

01:17 - 25.390 GO ASTRAY.

01:17 - 27.230 >>BUT I JUST KNOW THAT QUESTION

01:17 - 28.470 AND JUST ASK YOU QUESTION

01:17 - 31.070 THEIR COUNCIL. NOBODY NOBODY

01:17 - 32.820 QUESTIONS ATTORNEY GENERAL'S

01:17 - 34.440 I'M STANDING HERE OR THE ROLE

01:17 - 34.620 OF THE

01:17 - 36.800 ATTORNEY GENERAL. THE QUESTION

01:17 - 38.650 I HAVE FOR YOU AND YOU TALKED

01:17 - 41.120 ABOUT. THE SPECTRUM.

01:17 - 44.090 OF I DIE OF

01:17 - 45.190 HAVING OF.

01:17 - 46.180 >>THE SEEING THE

01:17 - 48.740 TRUST DIVER A CORPUS MONEY

01:17 - 50.580 BUDGETED EXPENSES FOR

01:17 - 52.400 LITIGATION HERE. ETCETERA

01:17 - 52.850 ETCETERA.

01:17 - 57.650 THERE'S YOUR POSITION MEAN THAT

01:17 - 58.350 JUST BECAUSE

01:17 - 01.360 US STANDING THE BENEFICIARIES

01:18 - 03.060 ALSO DON'T THEY DON'T HAVE

01:18 - 04.140 STANDING IN OTHER WORDS.

01:18 - 07.600 IT SEEMS TO ME THAT YOUR

01:18 - 09.600 ARGUMENT THAT YOU WANT

01:18 - 12.090 TO PREVENT AND BUT YOU DID

01:18 - 14.470 EXPENSES TO CLEANING THE TRUST

01:18 - 16.510 GOING OUT THIS LITIGATION.

01:18 - 19.180 IT COULD BE MADE BY THE

01:18 - 21.570 BENEFICIARY HERE WHO SAYS

01:18 - 24.490 I'M CONCERNED. IT SEEMS

01:18 - 27.740 TO ME THE PNC ISN'T NECESSARILY

01:18 - 30.430 DEPLETING ORBIS BANDAGING THE

01:18 - 30.950 MONEY.

01:18 - 34.070 WHY ISN'T THE BENEFICIARY

01:18 - 36.000 ENTITLED TO GET SOME DISCOVERY.

01:18 - 40.620 >>COME BACK TO A POINT THAT I

01:18 - 42.340 THINK THE JACOB NAME WHICH IS.

01:18 - 44.890 THE

01:18 - 46.240 PREMISE THAT THE APPELLATE

01:18 - 47.880 ARGUMENT IS THAT SHE CAN TITLE

01:18 - 49.660 TO AUTOMATIC STANDING BECAUSE

01:18 - 52.120 OF THIS. A LINK TO THE TRUCK

01:18 - 52.280 AND

01:18 - 54.990 THE ABSTRACT THE DIRE SHE HAD

01:18 - 56.550 TO TO OVERSEE IT.

01:18 - 59.480 SHE DOES NOT HAVE AUTOMATIC

01:18 - 00.640 ENDING THERE IS NO.

01:19 - 04.110 KAITLIN BASIS STORE

01:19 - 06.510 INTELLECTUAL BASIS FOR THAT A

01:19 - 09.230 LEGAL CONCLUSION THAT WE WE

01:19 - 10.750 MIGHT GO BACK TO WINTER.

01:19 - 12.740 SHE IS THE BENEFICIARY HAS

01:19 - 13.500 STANDING IN THE.

01:19 - 15.900 ALL OF THE COMMON SENSE OF THE

01:19 - 18.100 3 PRIME TASK, A GREEN MEN

01:19 - 20.350 STUDENT. THE FINANCIAL, DIRECT

01:19 - 22.020 AND IMMEDIATE INTEREST IF SHE

01:19 - 24.210 HAD THAT THEN HE WOULD HAVE

01:19 - 25.090 STANDING AND SHE COULDN'T

01:19 - 25.530 PURSUE

01:19 - 27.560 THE CASES JACOB HAS

01:19 - 28.880 ACKNOWLEDGED THERE WOULD BE A

01:19 - 30.460 WHOLE DIFFERENT STORY AND

01:19 - 32.930 SHE DOESN'T IT DOESN'T HAVE THE

01:19 - 36.030 KIND OF INTEREST IN

01:19 - 38.010 THIS MATTER THAT WOULD ALLOW

01:19 - 39.640 HER TO DO WHAT IT IS THE

01:19 - 42.500 ATTORNEY GENERAL. THE JOB TO DO

01:19 - 46.480 BASICALLY. JUST TO SAY EARLIER.

01:19 - 50.620 THE JUDGE KARA FIALA A VERY

01:19 - 52.540 ABLE. ORBITZ COURT JUDGE SAID.

01:19 - 54.930 THAT SHE DID HAVE

01:19 - 56.430 A DIRECT TO CATCH YOU IN THE

01:19 - 57.950 MEDIA INTEREST IN THE OUTCOME.

01:19 - 00.190 BUT HE HANKERED THAT

01:20 - 02.050 IN THIS HOW MUCH. THE

01:20 - 03.730 CONCLUSION OF THE CONFERENCE.

01:20 - 05.840 IT WOULD ALLOW TRUSTEE TO

01:20 - 08.550 BYPASS YOU DO YOU LIE TO ME SO

01:20 - 09.450 LONG AS THEY PAY THEIR

01:20 - 10.200 ANNUITIES ON.

01:20 - 13.170 AND THEN THAT HAVE RESIDENTS TO

01:20 - 14.450 YOU AS THE ATTORNEY GENERAL.

01:20 - 18.600 >>THAT WE'RE

01:20 - 20.130 DEALING WITH HERE I

01:20 - 21.940 THINK THE FACT THAT WHAT THE

01:20 - 23.460 WHAT THE TRAVIS AND THAT'S WHAT

01:20 - 23.750 WE

01:20 - 24.720 ULTIMATELY REVIEW.

01:20 - 26.800 >>IT SAID THIS BETTER FROM HERE

01:20 - 28.260 IS A SUBSTANTIAL DIRECT

01:20 - 30.470 IMMEDIATE INCOME INTEREST IN

01:20 - 31.860 THE OUTCOME OF THIS LITIGATION

01:20 - 33.760 BECAUSE A CONTRARY RESULT.

01:20 - 37.380 IT ALLOWED TRUSTEES BYPASS YOUR

01:20 - 39.160 DUTY OF LOYALTY. IT'S.

01:20 - 42.960 SO LONG AS THEY PAY OUT THE

01:20 - 46.200 SAID THAT HE KNEW IT. NOW

01:20 - 47.950 THAT SAID WHAT'S WRONG WITH

01:20 - 49.170 THAT. I MEAN.

01:20 - 52.750 >>I THINK THE PROBLEM HERE IS

01:20 - 55.170 THAT THERE'S NO BE THAT AND I

01:20 - 55.840 UNDERSTAND IT

01:20 - 59.140 COULD FIND ISSUE ABOUT THE DUTY

01:20 - 00.900 OF EVERY NATION THAT HAD NEVER

01:21 - 01.300 NATION.

01:21 - 03.930 >>AND AS A COUNCIL THE HOUR

01:21 - 06.820 SHAD. THAT'S SUBJECT TO PROVE.

01:21 - 08.830 THEY JUST WANT TO GET IN

01:21 - 10.550 THE DOOR AND THAT'S ALL WE'RE

01:21 - 10.860 TALK.

01:21 - 13.650 WHETHER YOU'RE BREACH OF DUTY

01:21 - 15.040 OF LOYALTY IS A DIFFERENT

01:21 - 17.050 ISSUE. THAT YOU CAN'T

01:21 - 18.580 GET THERE. AND NASH.

01:21 - 22.040 JUDGE JOHNSON YOU GET TO

01:21 - 23.940 THE TABLE TO ME THAT I CAN

01:21 - 24.870 UNDERSTAND WHY THE ATTORNEY

01:21 - 26.240 GENERAL WOULD SUPPORT THAT

01:21 - 28.070 PROPOSITION. ARE YOU SO

01:21 - 30.380 FOCUSED ON THE INTERCEPT THEM.

01:21 - 31.480 THE LARGE.

01:21 - 36.280 >>NOT ONLY ARE IS THE ATTORNEY

01:21 - 37.540 GENERAL FOCUSED ON THE INTEREST

01:21 - 40.210 AND IF YOU PUT IT, BUT THE

01:21 - 40.950 ATTORNEY GENERAL.

01:21 - 44.610 THE CONCERN IS THE PUBLIC

01:21 - 46.860 INTEREST IN GENERAL. AND IF

01:21 - 48.550 YOU TRY IT ALLOWED TO

01:21 - 52.290 QUESTION WHO ATTACKED IN THE

01:21 - 54.310 MANNER THAT WE WANT TO DO IT.

01:21 - 56.630 THE INEVITABLE RESULT APPEARS

01:21 - 57.660 TO BE NOT JUST.

01:21 - 01.410 UNDERMINED THE TRUST.

01:22 - 03.430 THE PEN BUT ALSO THERE'S A

01:22 - 05.610 RIPPLE EFFECT FOR OTHER PUBLIC

01:22 - 07.080 INTEREST MATTERED

01:22 - 09.630 AND I THE PERSIAN OF TRUCK

01:22 - 10.980 AFTER TRUCK AFTER

01:22 - 14.400 AND THEY CAN PLAY THAT GAME AND

01:22 - 15.920 THE BANK OF THE PLANE.

01:22 - 19.050 2 A LITIGATED THE CASE WHATEVER

01:22 - 19.590 THE OUTCOME.

01:22 - 23.040 >>JOE AWAY WITH WOULD BE

01:22 - 23.870 REQUIRED TO.

01:22 - 28.140 YOU KNEW THE AN ANNUITY

01:22 - 28.850 2 MILLION.

01:22 - 31.110 >>I DON'T THINK IT'S A

01:22 - 34.370 QUESTION. THAT

01:22 - 36.460 THING GO THE POINT ON A

01:22 - 37.740 CONTINUUM OF DOLLARS.

01:22 - 39.520 >>HOW WOULD YOU EVER NOT A

01:22 - 41.550 CHALLENGE BY SAYING THERE'S A

01:22 - 43.040 BREACH OF DUTY OF LOYALTY.

01:22 - 44.340 I WOULD SHE EVER GET IN THE

01:22 - 44.630 DOOR.

01:22 - 46.930 >>SHE WOULD HAVE TO SHOW THEIR

01:22 - 49.820 LOYALTY. HER THE BENEFICIARY

01:22 - 50.640 WOULD COMPROMISE.

01:22 - 52.490 >>WISHING I COULD YOU KNOW

01:22 - 54.090 YOU'RE GOING TO GET TO 2600

01:22 - 56.470 THAT CAN ACTUALLY BE ON THE END

01:22 - 56.980 ALL FREE.

01:22 - 01.570 >>IN THAT SCENARIO IT IN

01:23 - 01.900 THE AIR.

01:23 - 03.630 >>BECAUSE SHE DOES NOT HAVE

01:23 - 05.420 THAT IS NOT YEAH SHE WOULD HAVE

01:23 - 06.270 BEEN SET BACK.

01:23 - 08.160 I PUT THAT TO CLEAN THIS IS

01:23 - 10.480 ALSO GET APPROVED AND WATCH.

01:23 - 13.810 AND EXCEPT WHAT SHE RIGHT HERE

01:23 - 14.310 ON MONDAY.

01:23 - 18.210 OR PROPERTY OR COUNCIL. IT

01:23 - 19.060 SEEMS TO BE.

01:23 - 22.820 IN BREACH OF THE DUTY

01:23 - 24.540 OF LAW AND SHE HAD NOTHING TO

01:23 - 26.070 SAY ABOUT WHO WOULD HAVE NO WAY

01:23 - 27.650 TO GET INTO COURT. IF YOU HAVE

01:23 - 28.770 NO WAY TO CHALLENGE THAT

01:23 - 30.220 BECAUSE YOUR PARENT WHEN HE

01:23 - 31.200 SHIPPED 100 EVERY YEAR.

01:23 - 33.740 >>AND I DON'T THINK THAT THERE

01:23 - 36.060 IS ANY OKAY FOR THE QUARTER

01:23 - 38.490 LEGAL SUPPORT THAN FOR THE

01:23 - 40.600 PROPOSITION. THEY TRUST

01:23 - 42.110 BENEFICIARY WHO A 3RD.

01:23 - 45.140 THERE HAVE BEEN IN BREACH OF

01:23 - 47.870 LOYALTY BY SIMPLY SAYING THAT

01:23 - 50.610 IN TITLE IN LITIGATING THE

01:23 - 53.270 KIND. AND THE CONCERN THAT

01:23 - 54.890 MISTER GREEN IN TRYING TO

01:23 - 55.650 LITIGATE HERE.

01:23 - 58.230 >>THANK YOU COUNCIL JUST USED

01:23 - 59.610 AND YOU LET ME FOLLOW UP ON

01:23 - 02.350 THAT. ON IF YOU MAKE OF THE

01:24 - 03.940 TRIAL FOR A FEW DAYS.

01:24 - 07.210 WE WHICH I GUESS THE SALE YOU

01:24 - 09.660 JUST ARTICULATED. IF YOU WOULD

01:24 - 11.450 BE CORRECT IF SHE WERE THE

01:24 - 13.640 ONLY BENEFICIARY AND DISTRUST.

01:24 - 16.750 THERE'S NO OTHER BEEN HERE.

01:24 - 19.470 PER SE

01:24 - 21.430 WOULD NOT HURT INTERESTS CAN BE

01:24 - 22.930 SUBSTANTIAL DIRECT AND

01:24 - 23.380 IMMEDIATE.

01:24 - 25.810 >>ISSUE IF IT WERE TRAPPED WITH

01:24 - 27.700 ONE BENEFICIARY NAMED, AND

01:24 - 28.810 WE'VE BEEN BASHING READY.

01:24 - 31.560 BRETT. WELL SHE WOULD HAVE A

01:24 - 34.050 MUCH MORE THE FINANCIAL DIRECT

01:24 - 34.700 AND IMMEDIATE

01:24 - 36.340 INTEREST IN THE RUNNING OF THE

01:24 - 37.570 TRUST ISSUE ARE THE ONLY

01:24 - 38.610 BENEFICIARY I AGREE

01:24 - 39.100 WITH THAT.

01:24 - 41.220 >>IT ISN'T THAT WOULD RUN WITH

01:24 - 42.830 THE TRIAL COURT'S ANALYSIS,

01:24 - 45.420 THE CASE IN THE TRIAL COURT

01:24 - 48.380 REVIEWING MESS IN THE IN

01:24 - 49.310 A VACUUM. I

01:24 - 50.770 MEAN THERE WERE THE

01:24 - 52.490 BENEFICIARIES IN DISTRESS TO

01:24 - 53.470 FORGET ABOUT IT BEING A

01:24 - 54.830 CHARITABLE TRUST I DON'T THINK

01:24 - 56.160 THAT REALLY MAKES A DIFFERENCE

01:24 - 58.500 OF THE DIFFERENCE. I THINK I

01:24 - 59.640 MEAN THERE WERE OTHER

01:24 - 01.630 BENEFICIARIES AND MISTRESS.

01:25 - 05.740 THE INCENTIVE.

01:25 - 09.090 TO SURE THAT THE DUTY OF

01:25 - 12.440 LOYALTY WHY IN FACT FOLLOWED BY

01:25 - 13.160 THE TRUSTEE.

01:25 - 15.930 SO IF YOU'RE NOT AS

01:25 - 17.920 THOUGH IT'S NOT AS THOUGH THE

01:25 - 20.280 TRUSTEE DEALING WITH IMPUNITY.

01:25 - 24.580 THEY AVOID. IT'S I DO YOU BOIL.

01:25 - 31.060 BECAUSE IT ROBERT MAKES A GOOD

01:25 - 32.950 POINT ANY OF IT IF THE OUTCOME

01:25 - 34.540 IS WHAT HE SUGGESTED IS THAT

01:25 - 35.230 PROBLEMATIC.

01:25 - 36.960 BUT I THINK YOUR

01:25 - 38.960 POINT THEN YOU'RE CLOSING YOUR

01:25 - 42.060 POINT IS THAT'S NOT THE CASE

01:25 - 42.800 THAT WE HAVE HERE.

01:25 - 47.220 WHO HAVE ON

01:25 - 50.160 THE I IN CHRISTIAN INCENTIVE TO

01:25 - 51.710 PUT IT MILDLY TO MAKE SURE THAT

01:25 - 53.180 THE DUTY OF LOYALTY BEFORE.

01:25 - 55.500 >>AND THAT RIGHT.

01:25 - 59.420 >>SO IS IT YOUR VIEW COUNCIL

01:25 - 59.670 THAT.

01:26 - 03.930 FOLLOWING UP ON THAT THAT

01:26 - 05.810 THERE ARE. FIRST AND SECOND

01:26 - 07.570 CLASS BENEFICIARIES AS IT WERE

01:26 - 08.600 THERE'S THE A

01:26 - 10.130 GREAT BIG UNIVERSITY OF

01:26 - 11.070 PENNSYLVANIA

01:26 - 14.720 IT'S $6 AND THEN THERE'S THIS

01:26 - 15.310 PESKY

01:26 - 17.680 PUNY LITTLE THE BENEFICIARIES

01:26 - 19.090 WHO GETS TO STRIKE PLEA

01:26 - 19.750 ANNUITY.

01:26 - 22.320 AND THEY NEED TO BE TREATED IF

01:26 - 24.860 THEY NEED TO ANALYZED ON ON

01:26 - 27.480 SEPARATE PLANES IN TERMS OF OUR

01:26 - 28.210 TRUST LAW.

01:26 - 31.690 >>NO I WOULDN'T SAY THAT I'M

01:26 - 33.950 BECAUSE THE THAT MORE

01:26 - 36.160 MISTER ASHTON IT KIND OF TRUCK

01:26 - 37.180 THAT WAY IT'S

01:26 - 38.850 NOT THAT THERE'S SOMETHING

01:26 - 40.730 INTRINSICALLY BAD ABOUT AN

01:26 - 42.750 INDIVIDUAL. BUT THE THAT WERE

01:26 - 44.510 CREATED THE TRUST WITH THEM.

01:26 - 46.450 THE GREAT THE UNIVERSITY

01:26 - 48.270 SCHOLARSHIP PROGRAM ON THE ONE

01:26 - 51.320 SIDE AND THE THAT'S THE FIGHT.

01:26 - 54.770 FAMILY MEMBERS AND DEFENDED THE

01:26 - 56.130 OTHER OF WHICH THEY

01:26 - 58.760 CREATED ONE. NEARLY THE LAST.

01:26 - 02.060 THAT WOULD NOT THAT'S NOT A

01:27 - 03.810 QUESTION OF LAW THAT'S WHAT THE

01:27 - 05.910 TRUCK THE DYING TO ACCOMPLISH

01:27 - 08.000 BY THE TRUMP BY THE FFA.

01:27 - 17.650 AND WRAP UP BECAUSE THERE IS

01:27 - 19.350 UNDER OUR INTERPRETATION OF THE

01:27 - 20.130 LAW AND

01:27 - 23.130 YEAH FEED THE UNIVERSITY ANY

01:27 - 24.230 MAKE UP FOR THAT MATTER THERE'S

01:27 - 26.010 NO STANDING UNDER THE NORMAL

01:27 - 27.920 CRITERIA HERE AND THERE IS NO

01:27 - 29.840 AUTOMATIC STANDING.

01:27 - 33.010 IT DOES

01:27 - 34.860 SUPPORT IT LEGALLY AND CONTRARY

01:27 - 36.370 TO PUBLIC INTEREST THAT WE ASK

01:27 - 37.630 THAT THE COURT AFFIRMED THE

01:27 - 40.030 JUDGMENT WILL MISS HARD WORK

01:27 - 40.780 AND DOES THIS

01:27 - 45.330 >>IF THAT'S WHAT WINNING DOES

01:27 - 46.360 THIS REALLY REALLY QUICK.

01:27 - 49.840 INSTEAD OF GIVING HER

01:27 - 53.140 $2400. ARE YOU MISTER ASHTON

01:27 - 53.620 GIVEN HER.

01:27 - 57.570 AND THE TRUST REGARDLESS OF

01:27 - 59.750 WHAT WHAT AND THEREFORE TO THE

01:27 - 01.680 EXTENT WITH HIGHER WENT LOWERED

01:28 - 04.590 IMPACTED HER. YEARLY.

01:28 - 08.240 WHEN SHE HAS TO.

01:28 - 11.700 >>I THINK THAT WOULD BE A

01:28 - 12.680 DIFFERENT CASE AND IT'S A

01:28 - 13.510 LITTLE BIT LIKE

01:28 - 16.580 INVITING THE TRUST ISSUE

01:28 - 19.030 THAT HAD THE PERIOD COURT THAT

01:28 - 21.330 SHE DOES HAVE STANDING TO AND

01:28 - 22.900 THAT ARE HARD TO PUT A GATE

01:28 - 25.730 BECAUSE HER OWN INTERESTS COULD

01:28 - 26.400 BE AFFECTED.

01:28 - 29.430 BUT IF IT DID NOT DESIGNED THAT

01:28 - 31.070 WAY THE PRESS NOT SET UP THAT

01:28 - 31.290 WAY.

01:28 - 34.330 >>I'M JUST GLAD. THEY HAVE KIND

01:28 - 36.400 OF JUST STOP COUNCIL HAVE

01:28 - 37.880 A QUESTION. YOU SAID THE

01:28 - 40.080 TRUST IS NOT DESIGNED THAT WAY

01:28 - 41.950 AND YET YOU NEGATE THE ARGUMENT

01:28 - 43.360 THAT IT'S A BET THAT IF

01:28 - 46.660 THE MONETARY AMOUNT OF THE

01:28 - 49.550 RECEIVER DOES NOT DETERMINE

01:28 - 52.090 STANDING YET MISS IF I'M

01:28 - 55.010 NOT MISTAKEN. YOU PAYING IS A

01:28 - 55.460 RECENT

01:28 - 57.980 ROLE BENEFICIARY. THEREFORE YOU

01:28 - 00.120 ARE ARGUING POLICE SAYING OR

01:29 - 01.530 YOU'RE ASKING US TO SAY

01:29 - 03.820 INDIVIDUAL WHOSE LAST IN THE

01:29 - 05.180 SEC. IT IS

01:29 - 07.920 THAT THE IN NEUTRAL BENEFICIARY

01:29 - 08.330 BEING.

01:29 - 11.420 MYSTERY AND THE WRIST AND YOU

01:29 - 13.950 WILL IS TO GO TO BE.

01:29 - 16.230 THEY

01:29 - 18.280 HAVE A LARGER INTEREST AS

01:29 - 19.210 RESIDUALS THAT WHAT YOU'RE

01:29 - 20.090 ASKING US TO GO.

01:29 - 23.690 I'M NOT SURE I KNEW THIS FROM

01:29 - 24.270 AN ATTORNEY

01:29 - 26.360 GENERAL'S PERSPECTIVE THAT AS

01:29 - 28.160 YOU SAID YOU ARE PROTECTING THE

01:29 - 29.570 CITIZENRY OF PENNSYLVANIA.

01:29 - 32.700 >>IF I MAY BE MISSING SOMETHING

01:29 - 35.640 JEN PSAKI BUT THE THE WAVY.

01:29 - 38.640 THAT MORE IN ADDITION THAT IT

01:29 - 39.470 WAS ALWAYS.

01:29 - 42.720 FOR MOST OF HIS ACT THAT COULD

01:29 - 43.470 BE YOU

01:29 - 45.790 OR THE SCHOLARSHIP PROGRAM AND

01:29 - 48.140 I AM GOING ON ALL THE TIME THEY

01:29 - 50.340 DIDN'T HAVE TO JUST WAIT UNTIL

01:29 - 52.530 EVERY OTHER BENEFICIARY DIE.

01:29 - 56.850 DIED OR IF THE PIER. IT IN

01:29 - 59.670 WHAT. THE UNIVERSITY POINTED

01:29 - 01.140 PREVENT THAT WHAT TRUMP.

01:30 - 03.650 >>I BELIEVE THAT'S A REQUEST

01:30 - 04.450 THAT THEY HAPPEN

01:30 - 06.210 THEY'RE OKAY THEN OFFICIALLY

01:30 - 07.250 THERE ARE RISKS TO DRILL

01:30 - 09.620 BENEFICIARY IF IRAN. THE

01:30 - 12.010 BRIEFS, CORRECT. MAYBE YOU AND

01:30 - 13.130 I DIFFER AND GRACE.

01:30 - 15.740 >>WELL, I HOPE I HOPE

01:30 - 18.110 NOT BUT AND I THINK THAT EVERY

01:30 - 19.760 RIVER BEND YOU'LL PART OF IT IS

01:30 - 21.710 WHAT IT IS CREEPING ME OUT HERE

01:30 - 23.070 BECAUSE THE

01:30 - 25.820 THE CREATION OF SCHOLARSHIP

01:30 - 26.990 PROGRAM BUT.

01:30 - 29.670 AND MEDIA UPON THE DEATH OF

01:30 - 31.430 THAT WAR AND THERE WERE ALL THE

01:30 - 33.420 BACK OF THE TRUCK THAT FOR YOU

01:30 - 35.540 AVAILABLE TO YOU FOR THAT

01:30 - 38.400 THE AD THE UNIVERSITY IN GOING

01:30 - 40.020 TO BE THE SOLE BENEFICIARY

01:30 - 41.020 UNTIL ALL THE OTHER END

01:30 - 43.910 OTHER AND THE FISH AREA OR BE

01:30 - 45.800 AND THEN IT WILL BE UP YOU ARE

01:30 - 47.330 CHARITABLE TRUCK. BUT FOR THE

01:30 - 50.090 MOMENT. PRETTY DARNED CLOSE.

01:30 - 52.120 AND THAT HE

01:30 - 54.250 HAS BEEN AND MISTER ASHTON

01:30 - 55.820 OVERARCHING AND.

01:31 - 01.940 >>ANY FURTHER QUESTIONS FOR

01:31 - 04.700 ANYONE. ALRIGHT CONSUL, THANK

01:31 - 05.270 YOU VERY MUCH.

01:31 - 06.680 WE'LL TAKE THE CASE UNDER

01:31 - 08.480 ADVISEMENT TAKE A FIVE-MINUTE

01:31 - 09.930 BREAK PEOPLE IN THE FINAL.

01:31 - 43.760 >>SO THE NEXT ARGUMENT IS

01:31 - 45.000 COMING OFF THE PENNSYLVANIA

01:31 - 45.950 VERSUS RON

01:31 - 48.260 JALEN CORNELL REPRESENTING

01:31 - 49.920 MISTER PATEL IS MISS MARIA

01:31 - 51.270 HELLO REPRESENTING THE

01:31 - 53.430 COMMONWEALTH IS MISTER ERIC HE

01:31 - 53.800 WATCHED.

01:31 - 58.840 >>AND I TO SPEAK MINOR, A

01:31 - 59.510 WITNESS.

01:32 - 02.390 AND I TELL

01:32 - 04.780 HIM STOP ONE WITNESS THE PALIN

01:32 - 06.290 SHOOT AND KILL THE VICTIM IN

01:32 - 08.750 THIS CASE AND A TALENT TRIAL

01:32 - 10.410 AND OVER TIME TO GET IN THE

01:32 - 10.770 TRIAL

01:32 - 12.980 COURT ALLOWED THE MINOR WITNESS

01:32 - 14.890 TO TESTIFY WITH THE DISTANCE OF

01:32 - 17.360 A COMFORT DOG. THE JURY OFTEN

01:32 - 18.110 CONVICTED BE

01:32 - 20.630 APPEAL THE SPEAR COURT AFFIRMED

01:32 - 21.980 THE DEW COMFORT DOG,

01:32 - 23.680 THE COURT CONCLUDED THAT THE

01:32 - 25.600 TRIAL COURT DID NOT ABUSE

01:32 - 27.530 ITS DISCRETION BY ALLOWING THE

01:32 - 28.700 WITNESS TO UTILIZE THE

01:32 - 30.980 COMFORT DOG, RAISING THE TRIAL

01:32 - 32.520 COURTS HAVE BROAD DISCRETION TO

01:32 - 33.710 CONTROL THE COURTROOM,

01:32 - 35.580 INCLUDING THE POWER TO CONTROL

01:32 - 38.230 IN ORDER OF EXAMINING WITNESSES

01:32 - 38.370 AND

01:32 - 40.260 PRESENTING EVIDENCE THIS COURT

01:32 - 41.730 GRANTED ALONG TO THE FIELD

01:32 - 43.140 AGAINST THE PROPRIETY OF THE

01:32 - 43.480 TRIAL

01:32 - 45.920 COURT DECISION ALLOW THE MINERS

01:32 - 47.800 TO EYE WITH COMFORT DOG

01:32 - 50.340 PRESIDENT. NEWS HOWEVER PLEASE

01:32 - 50.710 PROCEED.

01:32 - 53.370 >>I THINK HERE ON EARTH AND

01:32 - 55.110 GOOD MORNING TO ALL THE MEMBERS

01:32 - 56.360 OF THIS HONORABLE COURT AND

01:32 - 56.620 THANK

01:32 - 58.200 YOU FOR. GIVING ME THE

01:32 - 00.000 OPPORTUNITY TO ADDRESS YOU ON

01:33 - 02.430 THIS MATTER. OUR CASE

01:33 - 04.690 PRESENT OBVIOUSLY A QUESTION OF

01:33 - 05.760 FIRST IMPRESSION IN THIS

01:33 - 06.790 COMMONWEALTH EASE AND

01:33 - 09.130 COMFORT DOGS. ONTO COMPANY

01:33 - 11.740 TESTIFYING WITNESS. LET'S START

01:33 - 12.850 WITH THE 2 THINGS THAT WE

01:33 - 15.490 DO KNOW. ONE IS THE COMFORT DOG

01:33 - 17.350 IS A SPECIAL ACCOMMODATION IS

01:33 - 19.410 COVERED BY PENNSYLVANIA RULED

01:33 - 20.690 EVIDENCE 6.11

01:33 - 23.480 WHICH IS THE GOAL OF WHICH IS

01:33 - 26.230 TO I REACHED TRUTHFUL TESTIMONY

01:33 - 28.310 AND THE SECOND THING IS THAT

01:33 - 29.510 THIS IS A POTENTIALLY

01:33 - 32.900 PREJUDICIAL. THE THING THAT

01:33 - 35.200 WE'RE USING AND THAT SHOULD BE

01:33 - 37.030 EXAMINED UNDER THE FAIR TRIAL

01:33 - 38.780 RIGHTS AND THE PGA AND US

01:33 - 39.860 CONSTITUTION.

01:33 - 43.040 PROVISIONS. THE WAY I LOOK AT

01:33 - 44.750 THIS IS THIS IS A TWO-PART

01:33 - 47.470 CONSIDERATION FOR TRIAL FOR AND

01:33 - 48.410 THE FIRST IS

01:33 - 50.850 WHY IS A SPECIAL ACCOMMODATION

01:33 - 52.050 BEING REQUESTED

01:33 - 54.510 AND THEN YOU CREATE A RECORD

01:33 - 55.860 HOW DOES THIS SPECIAL

01:33 - 57.840 COMMENDATION ALLOW THIS

01:33 - 00.160 PARTICULAR WITNESS TO GET TO

01:34 - 02.170 TRUTHFUL TESTIMONY AND THAT IS

01:34 - 03.430 WHERE I BELIEVE THE TRIAL COURT

01:34 - 06.300 HEARD. IN

01:34 - 08.230 THIS CASE. CHIEF JUSTICE

01:34 - 10.190 BARRETT SAID THAT THE WITNESS

01:34 - 12.740 WAS ARTISTIC BUT THE PRETRIAL

01:34 - 15.000 HEARING. THERE WAS ACTUALLY NO

01:34 - 17.580 RECORD OF AUTISM THIS WAS A

01:34 - 19.340 BRIEF MENTION BY DEFENSE

01:34 - 21.140 COUNSEL SAYING HE THOUGHT THAT

01:34 - 22.320 SHE WAS ON TO STICK.

01:34 - 25.090 THERE'S NO TESTIMONY FROM A

01:34 - 27.170 HIS PARENTS. GUARDIAN FOR

01:34 - 29.880 ANYONE WHO COULD TESTIFY TO THE

01:34 - 32.600 THERAPEUTIC BENEFITS. USING

01:34 - 34.770 COMFORT DOG. WHILE TESTIFYING,

01:34 - 35.430 THERE IS NEW

01:34 - 36.650 TESTIMONY THAT

01:34 - 38.960 THIS IS THE PROBLEM HERE AND

01:34 - 40.310 THIS IS THE CULMINATION WILL

01:34 - 41.090 GET US TO

01:34 - 44.260 TRUTHFUL TESTIMONY. THERE IS NO

01:34 - 45.750 EVIDENCE THAT AGE AND

01:34 - 47.800 INTERACTIVE WITH THE DOG AND

01:34 - 49.520 THEN THE DOG COULD CALL HER.

01:34 - 52.450 FOR ALLEVIATING ANY FEAR THAT

01:34 - 53.610 SHE MIGHT HAVE ON

01:34 - 55.810 THE STAND IN FACT THE TRIAL

01:34 - 57.280 COURT SAID I'M NOT IN A

01:34 - 59.010 POSITION TO KNOW ENOUGH

01:34 - 01.620 ABOUT AGE. SO THERE WAS NOT

01:35 - 03.410 ENOUGH OF THE FINDING ON

01:35 - 05.770 THE RECORD. WITH REGARD TO

01:35 - 08.430 ANYONE KNEW THIS CHILD IN YOU

01:35 - 10.090 THE PROBLEM WOULD BE THERE WAS

01:35 - 11.950 ALSO NO RECORD WITH REGARD TO

01:35 - 13.910 DEVELOPMENTAL DISABILITY BY

01:35 - 15.740 ANYONE WHO KNEW HER AND THE

01:35 - 16.780 PRETRIAL HEARING.

01:35 - 20.710 AND THAT'S IN STARK CONTRAST TO

01:35 - 23.160 THE CASES THAT WERE CODED IN

01:35 - 23.740 THE BRIEF.

01:35 - 25.660 OBVIOUSLY FROM OTHER

01:35 - 28.230 JURISDICTIONS SUCH AS VICKY ME.

01:35 - 31.240 CLIFF DI ANGELO'S THEIR

01:35 - 31.990 OWN GRIEF.

01:35 - 34.480 AND OUR RECORD IS A STARK

01:35 - 36.360 CONTRAST TO THERE'S A SENSE

01:35 - 38.380 THAT IN KENYA YOU HAD AN EXPERT

01:35 - 41.450 WHO IS SAYING 9 YEAR-OLD IT'S

01:35 - 43.400 GOOD FOR THAT KEY TO HOLD

01:35 - 45.460 AND ALL INCLUDE IF YOU HAD A

01:35 - 47.330 GUARD HUMAN LIGHT IN SAYING THE

01:35 - 49.250 WITNESS RINGS HER HANDS TO HER

01:35 - 50.940 NAILS, A DOLL WOULD

01:35 - 53.490 HELP HER. INDICT IT WAS AN

01:35 - 55.660 IMPLICIT FINDING OF NECESSITY

01:35 - 57.360 SAYING BUT FOR THE DOG I DON'T

01:35 - 58.430 THINK WE WOULD HAVE GOTTEN THIS

01:35 - 00.630 TESTIMONY AND IN JONES THE

01:36 - 02.420 MOTHER OF THE WITNESS TESTIFIED

01:36 - 03.920 TO HIS PTSD

01:36 - 06.030 AND SAYING THAT THE DOG GOES

01:36 - 07.940 EVERYWHERE WITH AND HE GOES TO

01:36 - 09.390 HOSPITALIZATION IN THE

01:36 - 11.280 HOSPITAL. HE GOES TO WORK AS A

01:36 - 14.750 CHEF SO ESSENTIALLY SAYING THAT

01:36 - 16.100 THESE PEOPLE ARE FAMILIAR WITH

01:36 - 16.870 THIS WITNESS.

01:36 - 18.710 THIS IS THE PROBLEM AND THIS IS

01:36 - 20.340 HOW THE SPECIAL ACCOMMODATION

01:36 - 22.130 IT'S GOING TO HELP THIS

01:36 - 24.010 PARTICULAR WITNESS GET US TO

01:36 - 26.990 TRUTHFUL TESTIMONY. SHE COUNTS

01:36 - 28.410 THAT YES OF COURSE ARE.

01:36 - 31.370 WITH RESPECT TO THE RECORD THAT

01:36 - 32.750 >>THINK

01:36 - 35.980 5 BE REQUIRED. OUGHT NOT.

01:36 - 40.050 MOVE AND AGAIN YOU KNOW YOU IN

01:36 - 40.660 THIS CASE.

01:36 - 42.370 >>THE REQUIRED

01:36 - 47.660 PROF OR SOME KIND

01:36 - 50.250 MAKE SOME SORT OF OFFER PROOF

01:36 - 51.240 AS TO HOW THERE WOULD BE

01:36 - 52.330 PREJUDICE.

01:36 - 55.320 SEEMS PARTICULARLY IMPORTANT

01:36 - 56.690 THIS CASE WHERE THE DOG WAS

01:36 - 57.550 NEVER SEEN BY

01:36 - 00.490 THE JURY AND WE'RE ULTIMATELY

01:37 - 03.470 IF I'M NOT MISTAKEN YOUR I'M

01:37 - 03.770 SORRY.

01:37 - 08.750 WE'RE AGE DID NOT IDENTIFY YOUR

01:37 - 10.140 CLIENT AS THE SHOOTER.

01:37 - 13.310 IT WOULD NOT BE REQUIRED.

01:37 - 17.040 TO TO TO AT LEAST REQUIRED A

01:37 - 18.780 DEFENDANT WHO BEEN HERE TO.

01:37 - 21.460 TO MAKE SOME OFFERS

01:37 - 22.850 OF HOW THERE'S GOING TO BE

01:37 - 24.690 PREJUDICED BEFORE THE CALM WAS

01:37 - 26.950 REQUIRED TO PROVE CITY.

01:37 - 30.420 >>IF I UNDERSTAND YOU

01:37 - 31.710 CORRECTLY JUSTICE.

01:37 - 34.660 WOULD YOU BE SUGGESTING THAT

01:37 - 36.080 PREJUDICE NEEDS TO BE SHOWN AT

01:37 - 37.410 A PRETRIAL HEARING.

01:37 - 41.370 I DON'T KNOW I'M

01:37 - 42.100 ASKING YOU.

01:37 - 43.720 >>TELL ME WHAT YOU THINK ARE

01:37 - 44.860 STANDARD OUGHT TO BE IN THESE

01:37 - 47.240 SAYS IS A NEW MATTER

01:37 - 47.700 FOR US.

01:37 - 50.740 >>SO I DO BELIEVE THE

01:37 - 52.270 SUPERIOR COURT SUGGESTED THAT

01:37 - 53.890 THE STANDARD BE THAT WHICH WAS

01:37 - 55.620 ADOPTED IN DEVON THE OF THE

01:37 - 57.040 SUPREME COURT OF CONNECTICUT

01:37 - 59.020 ADOPTED IT. AND IT'S A

01:37 - 02.130 BALANCING TEST. SO DUNDEE

01:38 - 04.250 BASICALLY. SAID.

01:38 - 06.010 >>THEY DID THAT TO ME.

01:38 - 07.500 >>THAT SHOULD BE AN

01:38 - 08.930 ACCOMMODATION WOULD HELP THE

01:38 - 10.750 WITNESS. NOW I WOULD

01:38 - 14.000 SUGGEST THAT AND THEN 70 IN A

01:38 - 15.130 FOOTNOTE SAYS A

01:38 - 16.900 FINDING THAT THE COMBINATION

01:38 - 18.350 WILL HELP THE WITNESSES ALSO

01:38 - 19.990 FINDING THAT THE COMBINATION IS

01:38 - 22.020 NECESSARY. I THINK THAT REALLY

01:38 - 23.320 MUDDIES THE WATER BECAUSE I

01:38 - 24.350 THINK IT'S SOMETHING THAT

01:38 - 26.090 IS HELPFUL THAT SOMETHING IS IS

01:38 - 28.610 IF THEY'RE REALLY TOO VERY

01:38 - 29.860 DIFFERENT THINGS I BELIEVE THE

01:38 - 31.320 TEST SHOULD BE THE

01:38 - 32.970 ACCOMMODATION IS REASONABLY

01:38 - 34.990 NECESSARY TO GET YOUR

01:38 - 37.770 PARTICULAR WITNESS. THERE TO

01:38 - 38.890 TRIPLE TESTIMONY.

01:38 - 42.080 >>TEETH JUST I JUST WANT TO

01:38 - 44.280 FOLLOW UP WITH JUST A SWIPE AT

01:38 - 46.010 I THINK JUDGE HOLLAND WRITING

01:38 - 49.010 FOR THE AIRPORT AND THAT

01:38 - 49.980 EVERY COURT.

01:38 - 52.330 BECAUSE WE DON'T HAVE ANY CASE

01:38 - 54.210 I THINK YOU AND ALL OF A SUDDEN

01:38 - 56.350 IT THE OTHER STATES. I DID A

01:38 - 58.410 DAMN OF THIS ISSUE EVERY IT IS

01:38 - 00.010 THE COURT IS EXAMINED THIS

01:39 - 02.760 IS FOUND THE DOGS PRESIDENT IS

01:39 - 04.990 NOT INHERENTLY PREJUDICIAL.

01:39 - 08.160 AND THEREFORE COMFORT DOG ARE

01:39 - 10.040 NOT BANNED. 5

01:39 - 12.630 BY COURTS THAT WOULD SEEM TO

01:39 - 13.130 STAY

01:39 - 15.390 THERE OR THAT THAT ONE OF THE

01:39 - 16.780 THINGS IS IT'S JUST THE COURT

01:39 - 18.830 SAID YOU KNOW WE HAVE TO SAY IT

01:39 - 19.290 IS.

01:39 - 21.530 IF YOU'RE A BURDEN TO

01:39 - 24.140 SHOW PREJUDICE IN THE COMFORT

01:39 - 25.540 DOG IS NOT INHERENTLY

01:39 - 28.100 PREJUDICIAL OR IS IT THE

01:39 - 29.820 OPPONENTS OF THE COMFORT DOGS

01:39 - 32.740 BURDEN. IT THERE. THERE WOULD

01:39 - 34.860 BE BENEFIT MAKE IT TO MORPH

01:39 - 36.860 THIS AREA. HOW MUCH BENEFIT

01:39 - 38.760 LIKE I'VE BEEN A FIX THAT THE

01:39 - 41.160 CHALLENGE IS USED IN CHILD BY

01:39 - 42.810 HER FINGERNAILS IN THIS CASE.

01:39 - 45.520 THIS CHILD FORGET WHY ISN'T MY

01:39 - 46.690 RELIEF YOU THAT IT'S NOT WHAT

01:39 - 47.340 ABOUT THE WRECK.

01:39 - 49.140 THIS CHILD SEEMS TO BE

01:39 - 51.370 ESPECIALLY NERVOUS BE BROKE

01:39 - 52.610 DOWN CRYING AND NEVER FINISHED

01:39 - 54.280 WITH THIS AND I KNOW THAT'S

01:39 - 55.660 AFTER THE FACT, BUT IT SEEMS

01:39 - 56.910 THAT THE CROWD THAT IS CORRECT

01:39 - 57.060 THERE.

01:39 - 00.450 THEY WANT HER TO KNOW WHAT'S

01:40 - 00.870 THE BIRD.

01:40 - 03.240 >>WELL LET ME UH LET ME ADDRESS

01:40 - 04.760 AND THE QUESTION IS IT IN

01:40 - 07.580 SO I AGREE WITH

01:40 - 09.850 THE COURT. THEN IT'S MANY

01:40 - 11.620 COURTS HAVE FOUND THAT THE USE

01:40 - 13.320 OF 100 DOGS IS NOT INHERENTLY

01:40 - 16.460 PREJUDICIAL AND I'M WILLING TO

01:40 - 17.570 GO ALONG WITH THAT.

01:40 - 19.630 HOWEVER IT IS POTENTIALLY

01:40 - 22.490 PREJUDICIAL OBVIOUSLY. QUARTER

01:40 - 23.990 ARE UTILIZING USING VERY

01:40 - 25.530 DIFFERENT WAYS WHETHER THE DOG

01:40 - 26.290 IS IN VIEW.

01:40 - 28.400 WHETHER THE DOG IS REFERRED TO

01:40 - 29.500 AS A COMFORT DOG.

01:40 - 31.780 SO YOU KNOW, I KNOW THAT WE'RE

01:40 - 33.340 GOING AWAY FROM OUR FAQ SO

01:40 - 35.690 THIS MOMENT, BUT IF THE COURT

01:40 - 37.000 FOR EXAMPLE I HAD A CASE

01:40 - 38.550 RECENTLY WHERE IT WAS A SEXUAL

01:40 - 39.810 ABUSE CASE AND THERE ARE MANY

01:40 - 40.400 CHILDREN WHO

01:40 - 42.540 ARE TESTIFYING AND THEY ALL USE

01:40 - 43.760 THE COMFORT DOG AND IT WAS

01:40 - 46.600 CALLED A COMFORT DOG. I THINK

01:40 - 48.490 THIS IS PARTICULARLY A PROBLEM

01:40 - 49.410 FOR THE DEFENSE.

01:40 - 52.830 IT AND THEY WERE NOT ALL.

01:40 - 56.170 NEXT VICTIMS. WHAT WAS IT A

01:40 - 57.720 PROBLEM FOR THE DEFENSE IS IT

01:40 - 59.710 THAT THE BONDS PRESENT IN HERE

01:40 - 00.710 LEE MAKES THE WITNESS

01:41 - 01.640 MORE SYMPATHETIC.

01:41 - 03.380 >>ISN'T THAT THE WITNESS IS

01:41 - 05.350 GOING TO BE LESS TRUE FOOL.

01:41 - 07.050 IF THE WITNESSES.

01:41 - 10.000 MORE COMFORTED IN THE THE

01:41 - 10.990 WITNESS STAND WHAT'S THE

01:41 - 11.940 PROBLEM WITH THE DOG.

01:41 - 14.000 >>I THINK THAT WHEN YOU USE

01:41 - 16.620 THE WORD. COMFORT DOG IMPLIES

01:41 - 17.890 THAT THE WITNESS NEEDS TO BE

01:41 - 20.070 CONQUERED INDICATING THAT THERE

01:41 - 20.360 WAS

01:41 - 21.160 SOME TRAUMA.

01:41 - 23.250 >>INDICATING THAT FIT THEIR

01:41 - 25.590 BUSINESS THAT IS TRUE WHAT

01:41 - 27.830 THEY'RE SAYING OBVIOUSLY AND

01:41 - 28.960 YOU KNOW IT FOR THE

01:41 - 30.880 DEFENSE AND TO BE HONEST WITH

01:41 - 32.550 YOU I TAKE A BREAK FROM THE AP

01:41 - 34.360 A LEAVE THAT ANYONE CAN USE THE

01:41 - 35.930 DOGS BUT IN THIS PARTICULAR

01:41 - 38.200 CASE OBVIOUSLY IT WAS USED WITH

01:41 - 39.740 A PERSON WAS CRIMINALLY

01:41 - 42.400 ACCUSED. WHICH I DO THINK IT'S

01:41 - 44.360 A BIT DIFFERENT BECAUSE YOU

01:41 - 46.270 DO HAVE THE FAIR TRIAL RIGHTS

01:41 - 47.900 AND THEN WRITES WITH THE

01:41 - 50.370 CRIMINALLY ACCUSED. BUT

01:41 - 52.340 ESSENTIALLY I I WILL GIVE THAT

01:41 - 54.050 IT'S NOT INHERENTLY FOR THE

01:41 - 55.710 PREJUDICIAL BUT HOWEVER THINK

01:41 - 57.220 WE START CALLING IN A

01:41 - 59.250 COMFORT DOG, AND YOU

01:41 - 01.440 HAVE SOMEBODY PUTTING A DOG WHO

01:42 - 03.070 ARE OUT AND INTERVIEW THE JURY

01:42 - 04.760 I DO BELIEVE THAT THERE IS A

01:42 - 06.090 SYMPATHETIC PIECE THERE,

01:42 - 06.670 ESPECIALLY

01:42 - 09.170 WITH CHILDREN. AND YOU KNOW IT

01:42 - 10.470 DEPENDS ON WHETHER THE COURTS

01:42 - 11.900 DECIDE TO USE THE VARIOUS

01:42 - 13.310 TRACTION ARE NOT REALLY THE

01:42 - 16.550 DOGS IN VIEW AND HOW THAT WILL

01:42 - 18.550 COME IN HOW THE STAFF. HOW DOES

01:42 - 19.530 THAT COMPARE.

01:42 - 22.240 >>WITH THAT CHINA A CHILD'S USE

01:42 - 22.330 OF

01:42 - 24.900 A DOLL OR TEDDY BEAR THAT'S

01:42 - 27.140 OBVIOUSLY FOR COMFORT AS WELL.

01:42 - 28.760 WE DON'T CALL IT A COMFORT

01:42 - 29.380 DOLL.

01:42 - 32.970 >>HEAT UP ON A WELL I GUESS

01:42 - 34.550 AGAIN IT DEPENDS ON WHETHER THE

01:42 - 35.720 DOLL IS IN YOU

01:42 - 38.090 BECAUSE MANY OF THE COURTS THEY

01:42 - 38.800 EXAMINED

01:42 - 41.110 THE DOLL FOR EXAMPLE, THE COURT

01:42 - 41.400 IN

01:42 - 43.610 DELAWARE AND IS IN HAWAII.

01:42 - 45.180 THEY BOTH FOUND COMPELLING

01:42 - 46.910 NECESSITY AND SUBSTANTIAL LEAD

01:42 - 48.240 WITH REGARD TO THE DOLL.

01:42 - 49.630 SO CLEARLY THOUGH.

01:42 - 53.480 THAT THE DOLL A CHILD HOLDING A

01:42 - 55.540 DOLL IS TO THE JURY. I

01:42 - 56.560 WAS PREJUDICIAL.

01:42 - 58.240 >>THE COUNCIL BUSINESS JUSTICE

01:42 - 00.370 PARTY LET ME BRING THIS BACK TO

01:43 - 01.870 JUSTICE WEX INITIAL

01:43 - 05.650 QUESTIONS TOO. NOBLE 6.11 OF

01:43 - 07.240 THE RULES OF EVIDENCE THE

01:43 - 07.850 CONCERN THAT

01:43 - 10.800 I HAVE IS AS COOL AS APPLIED

01:43 - 13.320 EVERY DAY BY TRIAL JUDGES IS

01:43 - 14.940 DISCRETIONARY AT HER

01:43 - 17.820 IS WHEN FOR EXAMPLE UNDER THE

01:43 - 21.640 LAB IN. TOO. PURPOSE IS TO

01:43 - 22.920 AVOID WASTING TIME.

01:43 - 25.530 WELL I AM AWARE OF CERTAIN

01:43 - 26.930 JUDGES WHO BELIEVE THE USE OF A

01:43 - 27.970 CONFERENCE CALL WOULD BE

01:43 - 29.600 WASTING THE COURT'S TIME TO

01:43 - 30.940 BRING THE DOG AND GET THE BALL

01:43 - 32.450 SETTLED. I HAVE.

01:43 - 34.450 STROH IN OUR

01:43 - 37.400 QUEST TO CREATE A IN A CANYON

01:43 - 39.340 WHICH WOULD BE APPLICABLE

01:43 - 40.550 THROUGHOUT THIS PROBLEM.

01:43 - 43.230 IS IT YOUR POSITION

01:43 - 45.670 THAT WE'RE ALL 11 SHOULD IN

01:43 - 46.260 SOME WAY

01:43 - 49.350 TO INCORPORATE THE FINDINGS OF

01:43 - 50.530 THAT INDEED THE CONNECTICUT

01:43 - 52.350 STATE SUPREME COURT BOUNCING

01:43 - 54.550 PAST AND IS SADDAM WOULD BE

01:43 - 56.730 APPROPRIATE MECHANISM BE A

01:43 - 57.660 MOTION IN LIMON.

01:44 - 03.290 >>I DO BELIEVE THAT THE TEST

01:44 - 03.440 AND

01:44 - 07.000 DEVIN D REALLY KIND OF BALANCES

01:44 - 08.390 EVERYONE'S INTEREST.

01:44 - 11.130 HOWEVER I I WOULD DEAL WITH IT

01:44 - 12.800 A LITTLE BIT JUST BECAUSE IT'S

01:44 - 14.490 FOOTNOTE SAYING THAT FINDING.

01:44 - 16.700 THAT IS THE PUBLIC

01:44 - 18.010 ACCOMMODATION THAT WILL HELP

01:44 - 20.670 THE WITNESS IS ALSO CITY AND I

01:44 - 21.630 THINK THAT'S REALLY MONEY

01:44 - 23.400 THROUGH WATER IMPACT AND NEXT

01:44 - 23.910 THAT'S.

01:44 - 25.540 >>CONNECTICUT'S SUPREME COURT'S

01:44 - 26.990 BUT NO THAT WOULD NOT BE THIS

01:44 - 28.870 ONE THE QUESTION I HAVE IS AS I

01:44 - 29.170 READ THE

01:44 - 31.320 BALANCING TEST IT WOULD BE

01:44 - 33.070 INCUMBENT UPON THE MOVE IN TO

01:44 - 34.200 PROVE THE DOG WILL HELP THE

01:44 - 35.940 WITNESS TO RELIABILITY

01:44 - 38.050 TESTIFY TRUTHFULLY IT WOULD

01:44 - 40.040 OBVIATE MORE DRASTIC MEASURES,

01:44 - 42.950 A K A I GUESS A SEPARATE ROOM

01:44 - 43.430 OR VIA

01:44 - 46.930 THAT CCTV AND THAT IS WEIGHED

01:44 - 48.170 AGAINST THE POTENTIAL

01:44 - 50.320 PREJUDICE. THE TO THE

01:44 - 50.830 DEFENDANT,

01:44 - 54.350 INCLUDING GUYS SOME TYPOS A

01:44 - 56.130 JURY INSTRUCTION OR OR

01:44 - 59.110 IMPLEMENTATION OF SOME THIS

01:44 - 59.500 CHANGE.

01:45 - 02.970 AND THAT WOULD I GUESS IS MY

01:45 - 05.100 POSITION I THOUGHT FOR YOU IS

01:45 - 07.300 IS IT ARE YOU ARTICULATING THAT

01:45 - 09.360 THIS COURT. FINE

01:45 - 12.990 THAT DOG IS TO BE REQUIRED

01:45 - 14.990 WOULD BE THEY WENT TO A MOTION

01:45 - 15.120 AND

01:45 - 18.190 UNDER RULE, 6.11 BUT

01:45 - 20.700 INCORPORATING THE FACTORS ARE

01:45 - 21.890 THE BOUNCING TESTED THAT

01:45 - 25.390 >>YES JUST AS DAUGHERTY I DO

01:45 - 27.110 BELIEVE THAT THE PROPONENTS.

01:45 - 29.070 THE SPECIAL ACCOMMODATION

01:45 - 30.930 SHOULD HAVE TO FILE A MOTION

01:45 - 33.230 AND OUR REQUEST AND I DO

01:45 - 34.230 BELIEVE THAT THERE SHOULD BE A

01:45 - 36.520 PRETRIAL HEARING. THE FINDINGS

01:45 - 37.400 BY THE COURT

01:45 - 39.210 AS TO HOW THIS SPECIAL

01:45 - 40.870 COMBINATION WILL ALLOW THAT

01:45 - 42.570 PARTICULAR WITNESS TO GET TO

01:45 - 44.590 THE 6.11 TRUTHFUL TESTIMONY.

01:45 - 47.390 I DO BELIEVE THAT IF THIS COURT

01:45 - 49.820 WERE TO ADOPT A BALANCING TEST

01:45 - 51.780 SUCH AS THAT MONDAY. IT

01:45 - 52.090 SHOULDN'T

01:45 - 54.340 BE THAT CUT AND HOW NATION JUST

01:45 - 55.430 TO HELP THE WITNESS.

01:45 - 57.720 JUST BECAUSE I FEEL LIKE HOPING

01:45 - 58.980 THE WITNESS AND SOMETHING

01:45 - 00.690 THAT'S ACTUALLY REASONABLY

01:46 - 03.120 NECESSARY FOR THE WITNESS TO

01:46 - 04.850 GET THEM TO TRIPLE TESTIMONY,

01:46 - 06.600 WE'RE 2 DIFFERENT THINGS.

01:46 - 09.580 FOR EXAMPLE IN MICHIGAN THEY

01:46 - 11.380 HAVE AND THERE WAS A DECISION

01:46 - 11.740 PEOPLE

01:46 - 14.360 VERSUS SHORTER WHERE THE PERSON

01:46 - 15.320 WAS AN ADULT

01:46 - 18.600 NON DISABLED. AND SHE BASICALLY

01:46 - 19.940 SAID THAT IT WOULD BEAR IT

01:46 - 20.890 WOULD HELP HER TO BETTER

01:46 - 22.580 CONTROL HER EMOTIONS.

01:46 - 25.600 THAT MIGHT BE HELPFUL BUT IT'S

01:46 - 25.840 NOT

01:46 - 28.640 REALLY NECESSARY. I DO BELIEVE

01:46 - 29.620 THAT THERE SHOULD BE A RECORD

01:46 - 31.810 DEVELOPED SHOWING A REASONABLE

01:46 - 32.820 ASSESS A FEE FOR THAT

01:46 - 35.740 SPECIAL COMMENDATION THAT WILL

01:46 - 37.420 GET THIS PARTICULAR WITNESS.

01:46 - 39.070 THE TRUTHFUL TESTIMONY.

01:46 - 44.330 THE COUNCIL HOW

01:46 - 44.780 WOULD THAT.

01:46 - 46.900 >>HOW WOULD BE DOCKING AT THAT

01:46 - 49.040 SCHOOL BY THIS TORY IMPACT THE

01:46 - 50.500 RESOLUTION OF THIS MATTER.

01:46 - 52.820 THAT WOULD BE FOR MEAN IF

01:46 - 53.600 YOU'RE GOING TO

01:46 - 55.960 REVERSE IT. MY UNDERSTANDING IS

01:46 - 57.450 THERE IS SIMPLY NO RECORD IN

01:46 - 57.900 THIS CASE.

01:46 - 01.790 >>I FEEL AS THOUGH THESE ARE

01:47 - 05.270 2 DIFFERENT MATTER. IT IF THE

01:47 - 07.480 COURT WANTED TO ADOPT A TEST

01:47 - 08.690 FOR THE FUTURE THAT WOULD BE

01:47 - 11.140 ONE THING. I DON'T THINK IT

01:47 - 13.000 WOULD BE RETROACTIVELY APPLIED.

01:47 - 15.800 I DO FEEL THAT THE TRIAL COURT

01:47 - 17.820 ABUSED ITS DISCRETION AND NOT

01:47 - 20.570 MAKING A PROPER RECORD IN TERMS

01:47 - 28.120 TO THAT PARTICULAR WITNESS TO

01:47 - 31.600 TRUTHFUL TESTIMONY. SO AND SHE

01:47 - 33.580 WAS DEFINITELY AN IMPACT COOL.

01:47 - 37.580 THEY WITNESSED IN TERMS OF SHE

01:47 - 37.780 WAS A

01:47 - 40.950 YOUNG LEE. SHE TOO WAS ALLOWED

01:47 - 41.680 TO HAVE THE SPECIAL

01:47 - 43.840 ACCOMMODATION SHE BROKE DOWN

01:47 - 47.120 SOBBING AND SHE WAS ALLEGEDLY

01:47 - 48.860 SAW THE SHOOTER AND

01:47 - 51.180 I CANNOT REMEMBER WHAT

01:47 - 53.300 JUSTICE SAID SHE HAD NOT

01:47 - 54.690 IDENTIFIED SHE ACTUALLY DID

01:47 - 55.410 IDENTIFY

01:47 - 57.840 THIS YEAR. FROM A PHOTO ARRAY

01:47 - 59.240 SHE THAT WE CAN SIT ON THE

01:47 - 00.770 STAND, HOWEVER, WE COULD SEE

01:48 - 03.920 SUPERIOR COURT.

01:48 - 05.620 >>I DO BELIEVE.

01:48 - 10.180 >>YOU KNOW IT'S SOMETHING WE

01:48 - 12.130 GOT THE BEST THAT YOU DISCUSS

01:48 - 12.320 WITH

01:48 - 13.080 YOUR DOCTOR.

01:48 - 15.320 >>YES, I BELIEVE THAT WE WOULD

01:48 - 17.780 REVERSE THE SUPERIOR COURT AND

01:48 - 19.120 OFFER MISTER NOW A

01:48 - 21.270 NEW TRIAL BASED ON THE ABUSE OF

01:48 - 22.750 DISCRETION BY THE TRIAL COURT.

01:48 - 25.220 >>IT'S JUST A START.

01:48 - 28.760 A HARD TIME FINDING THAT THE

01:48 - 30.790 TRIAL JUDGE ABUSED HIS

01:48 - 32.540 DISCRETION WHEN WE DON'T HAVE

01:48 - 35.430 ANY APPELLATE CASE LAW TELLING

01:48 - 37.700 HIM EXACTLY WHAT HE SHOULD HAVE

01:48 - 39.350 DON WHAT SHOULD HAVE BEEN

01:48 - 40.880 BALANCED AND WHAT SHOULD BE.

01:48 - 43.410 ON THE RECORD WHICH OBVIOUSLY

01:48 - 44.280 WE DON'T HAVE.

01:48 - 47.360 I DON'T SEE ANY EVIDENCE THAT

01:48 - 49.380 THE TRIAL JUDGE JUDGE. IT

01:48 - 50.730 DIDN'T USE HIS DISCRETION.

01:48 - 55.900 >>MY RESPONSE IS THAT IS THAT

01:48 - 57.670 IT WAS CLEARLY A SPECIAL

01:48 - 59.280 ACCOMMODATIONS, A TRANSPORT

01:48 - 01.250 KNEW THAT ACTUALLY SAID IN ALL

01:49 - 02.990 MY YEARS, I'VE NEVER SEEN THIS.

01:49 - 05.600 TO YOUR POINT THAT THERE WAS

01:49 - 08.500 NOT A TEST OUT THERE. HOWEVER

01:49 - 10.560 IT WAS OBVIOUSLY POTENTIALLY

01:49 - 12.420 PREJUDICIAL SINCE EVERYONE.

01:49 - 14.610 ADDRESS SO MANY DIFFERENT

01:49 - 15.740 MEASURES THAT YOU KNOW WHAT.

01:49 - 20.180 BUT ALSO THE COURT IN CREATE A

01:49 - 22.110 RECORD AS TO WHY ARE WE DOING

01:49 - 22.560 THIS.

01:49 - 26.730 AND ESSENTIALLY KIND OF GRADE

01:49 - 27.580 THIS IDEA.

01:49 - 30.630 THE CHILD WAS AUTISTIC THERE

01:49 - 31.650 WAS REALLY NO.

01:49 - 33.720 THERE WAS NO RECORD ON THAT'S

01:49 - 35.140 ON THERE WAS NO RECORD THAT

01:49 - 36.630 DIFFERENTIATED HEARD FROM ANY

01:49 - 39.560 OTHER CHILD OR REALLY

01:49 - 41.560 DIFFERENTIATE HER FROM OTHER

01:49 - 42.910 WITNESSES WHO ARE ALSO

01:49 - 44.610 FRIGHTENED TO ONE OF THEM WAS

01:49 - 45.900 BROUGHT IN IN SHACKLES.

01:49 - 49.670 ESSENTIALLY THE COURT

01:49 - 52.010 DIDN'T DO INSIDE.

01:49 - 55.210 A NEW VILLAGE IS IN TERMS OF

01:49 - 56.980 SAYING WHY ARE WE

01:49 - 59.270 DOING THIS THEY MAY HAVE TO BE

01:49 - 00.750 PLEASANTLY BUT YOU'RE RIGHT HE

01:50 - 01.320 DID NOT MAKE

01:50 - 01.730 A RECORD.

01:50 - 04.130 >>SHOULD WE INFER YEAH THE

01:50 - 05.520 SLOPE OFF AND THERE'S A

01:50 - 06.130 PRESUMPTION

01:50 - 07.770 OF PREJUDICE. I'M SORRY IS THE

01:50 - 09.260 REAL QUESTION JUST IN THEIR

01:50 - 10.870 FAVOR AS THE JUSTICE TAUGHT.

01:50 - 13.540 IT LEADS ME TO ASK YOU DO YOU

01:50 - 15.890 WANT US TO AND FROM. IF YOU

01:50 - 18.250 WANT TO SAY THAT OF COURSE

01:50 - 20.350 SHOULD INFER THE PRESUMPTION OF

01:50 - 23.050 PREJUDICE. IN CIRCUMSTANCES

01:50 - 26.610 WHERE A DOG IS GOING TO I DID.

01:50 - 29.640 >>I DON'T

01:50 - 33.160 KNOW THAT I BELIEVE THAT WE

01:50 - 34.900 NEED TO VIEW THIS AS

01:50 - 37.000 POTENTIALLY PREJUDICIAL RIGHT

01:50 - 38.280 FROM THE VERY BEGINNING

01:50 - 40.730 BECAUSE IT CAN BE HANDLED IN SO

01:50 - 44.140 MANY WAYS. IT WHEN IT IS

01:50 - 46.810 THE DOG. IT IS NOT TRAINED OR

01:50 - 48.830 IS REFERRED TO AS A COMFORT DOG

01:50 - 50.920 COURTS BEING ALLOWED JUST

01:50 - 53.360 GENERALLY SPEAKING ON. I THINK

01:50 - 55.260 THE QUESTION OVER ARCHING HIS

01:50 - 57.030 SHOULD THIS BE ALLOWED TO JUST

01:50 - 58.340 HELP ANY WITNESS WHO IS

01:50 - 59.360 GENERALLY SCARED

01:50 - 01.820 OR WHETHER IS THIS A FINDING

01:51 - 03.730 FOR A PARTICULAR WITNESS AND I

01:51 - 05.470 DO BELIEVE THAT IT HAS TO BE

01:51 - 07.550 HANDLES AS A POTENTIALLY

01:51 - 08.650 PREJUDICIAL.

01:51 - 11.920 PRACTICE I SHOULD SAY.

01:51 - 13.720 >>THIS HOWEVER I

01:51 - 16.790 WANTED TO FOLLOW ON ON I JUST

01:51 - 18.030 THOUGHT I THINK I AGREE

01:51 - 20.060 WITH HER. THE CROWN COURT HAD

01:51 - 23.470 LITTLE CONTROL THE MODE IN

01:51 - 24.680 ORDER OF THE COURT ROOM

01:51 - 27.260 THAT'S BEST. THEY ADD THAT HE

01:51 - 28.770 OR SHE COULD DO THE TRICK AND

01:51 - 30.120 GENDER OF THAT ROUTE FOR JUDGES

01:51 - 30.210 I

01:51 - 32.340 SIT HERE. BUT THAT IS IRAN

01:51 - 35.520 PROTESTS JUST A AND B. THE

01:51 - 38.810 TRIAL COURT. THE IMPLICIT BEING

01:51 - 42.420 A FUN PROJECT TO TO TO MEET

01:51 - 44.720 THEM NEXT THERE HE IS THAT HE

01:51 - 47.180 EXPECTS TO STATES BY THE TRIAL

01:51 - 47.880 COURT BAD.

01:51 - 52.890 THE PREJUDICE PERSON,

01:51 - 55.840 THE BENEFIT. THE DOG CAME AND

01:51 - 58.360 LEFT THE JURY WAS NOT THE DOG

01:51 - 00.110 WAS EVER SEEN BY THE JURY

01:52 - 02.220 THERE'S NOTHING IN THIS RECORD

01:52 - 03.020 THAT THE DOG WAS

01:52 - 06.500 AND IT. THE RING A NEW HEARING

01:52 - 07.850 ON HERE. IT IS.

01:52 - 10.740 IT HEADING IN THE WITNESSES

01:52 - 11.570 CLAPPER THE

01:52 - 14.210 THE LIFE. SO IN IN THERE WAS A

01:52 - 17.190 CAUTIONARY INSTRUCTION PROVIDE

01:52 - 17.310 TO

01:52 - 20.450 THE JURY AND IT'S A YOU KNOW AN

01:52 - 22.270 OVERRIDE TRUMP. YOU KNOW THE

01:52 - 24.080 CHILD HAS TO HAPPEN FOR MONEY.

01:52 - 27.300 THE THE NERVOUS UP TESTIFYING

01:52 - 29.610 IT THAT SHE SAW OF MURDER.

01:52 - 32.210 WEEKEND SO I

01:52 - 33.450 THINK THEY HAVEN'T EVEN MET

01:52 - 37.100 EVEN THOUGH I KNEW IT IS THIS A

01:52 - 37.760 PREVIEW OF THAT.

01:52 - 41.260 >>I AGREE WITH THE FACT THAT

01:52 - 42.450 THE TRIAL COURT.

01:52 - 47.070 ASPECT OF IT

01:52 - 50.810 VERY WELL. HOWEVER I DISAGREE

01:52 - 53.540 WITH THAT THAT THE TRIAL COURT.

01:52 - 56.180 DID NOT KNOW WHAT

01:52 - 58.330 THE BENEFIT POSSIBLY COULD BE

01:52 - 00.490 TO THIS THE PARTICULAR WITNESS

01:53 - 02.380 THERE WAS NO RECORD WITH

01:53 - 05.760 REGARD TO. ANYONE SAYING

01:53 - 11.130 IN ORDER TO GET YOU TO

01:53 - 13.940 TRUTHFUL TESTIMONY. BUT I DO

01:53 - 16.190 BELIEVE THAT THE JUDGE AND ONE

01:53 - 17.880 WHICH IS JUDGE DAVID BORDER.

01:53 - 21.150 AND HE BASICALLY HANDLED IT.

01:53 - 23.070 THE PREJUDICE PIECE OF IT.

01:53 - 25.090 CORRECTLY I BELIEVE IF YOU'RE

01:53 - 26.270 GOING TO ALLOW IT.

01:53 - 28.110 I THINK HE ALLOWED IT IN THE

01:53 - 29.370 BEST WE COULD.

01:53 - 31.910 HOWEVER I FEEL LIKE THAT

01:53 - 34.240 GATEKEEPER FUNCTION WHY ARE WE

01:53 - 34.790 ALLOWING A

01:53 - 36.870 SPECIAL COMBINATION FOR THIS

01:53 - 38.390 PARTICULAR WITNESS AND HOW DOES

01:53 - 39.830 THIS SPECIAL ACCOMMODATION GET

01:53 - 41.390 THIS PARTICULAR WITNESS.

01:53 - 43.460 IT TO ME I DON'T THINK THAT

01:53 - 43.790 THAT.

01:53 - 46.270 >>AND I THINK WE'RE ABOUT THEM,

01:53 - 47.770 BUT YOU WOULD LIKE US TO RAID.

01:53 - 49.100 KEN HUGHES SAYS I

01:53 - 52.090 UNDERSTAND YOU BEFORE A COMFORT

01:53 - 52.860 TO UP IS

01:53 - 55.000 MISTER PAUL THE FOUR-PART A

01:53 - 56.520 COMFORT DOG PAST THE HOUR,

01:53 - 58.640 PARTICULARLY SUMS THIS IF IT.

01:53 - 01.980 A MALADY INFLICTING THE WITNESS

01:54 - 02.810 WHICH JUSTIFIES IT.

01:54 - 06.780 >>I MIGHT NOT REFERRED TO IT AS

01:54 - 08.530 A MALADY BUT I WOULD SAY.

01:54 - 11.190 DATES ESSENTIALLY THE

01:54 - 13.580 SPECIAL ACCOMMODATIONS. IT'S

01:54 - 15.000 GOING TO BE ALLOWED.

01:54 - 20.010 THE DAY THE SPECIAL LIE IS IT

01:54 - 21.170 THAT IS BEING ALLOWED.

01:54 - 22.970 WHAT THIS IS SPECIAL

01:54 - 24.740 COMBINATION DO TO GET THIS

01:54 - 26.990 PARTICULAR WITNESS. BUT WHAT

01:54 - 29.600 WHAT IS THE ISSUE. IT DOESN'T

01:54 - 31.070 NECESSARILY HAVE TO BE.

01:54 - 35.690 A DEVELOPMENTAL. ISSUE I DON'T

01:54 - 36.530 BELIEVE THAT

01:54 - 39.020 I DO BELIEVE THAT PEOPLE CAN BE

01:54 - 40.300 NATURALLY ANXIOUS.

01:54 - 42.530 HOWEVER, I DON'T THINK I THINK

01:54 - 44.110 THAT WE ALL GET NERVOUS.

01:54 - 45.880 I THINK WE ALL GET ANXIOUS.

01:54 - 47.550 I DON'T THINK THAT ALLOWS EVERY

01:54 - 49.010 WITNESS THAT COMES INTO COURT

01:54 - 52.050 TO SAY WELL IT WOULD HELP ME.

01:54 - 54.680 2 TO HAVE THIS DOG NEAR ME.

01:54 - 58.070 SO I DO THINK THAT THEY SHOULD

01:54 - 59.510 BE A MOTION LET ME FOR

01:54 - 01.570 PARTICULAR WITNESS AND TO HAVE

01:55 - 02.370 TO SHOW.

01:55 - 05.500 THE COMBINATION WILL HELP THAT

01:55 - 06.640 PARTICULAR WITH US.

01:55 - 11.090 ARE THERE ANY OTHER QUESTIONS

01:55 - 12.210 THAT I MIGHT HELP THE COURT

01:55 - 13.790 WITH HIS MONEY I JUST HAVE ONE

01:55 - 15.020 QUESTION SHOULD THIS RULE

01:55 - 15.550 APPLIES

01:55 - 19.310 >>DOLLS AND STUFF, THE ANIMALS

01:55 - 19.890 ALSO.

01:55 - 24.860 I DO BELIEVE SO BECAUSE

01:55 - 27.270 ESSENTIALLY THE CASE ALL IS IS

01:55 - 29.690 KIND AND IT'S SOMEWHAT THE SAME

01:55 - 30.920 COMFORT ITEMS.

01:55 - 34.380 >>SO YES I DO BELIEVE SO AND I

01:55 - 35.940 DO BELIEVE THAT THE TEST SHOULD

01:55 - 38.430 BE A REASONABLE NECESSITY NOT

01:55 - 40.050 JUST GENERAL HELPFULNESS.

01:55 - 42.590 FOR THE WITNESS I DO BELIEVE

01:55 - 44.050 THAT THERE SHOULD BE SOMETHING

01:55 - 46.190 DISTINGUISHING ONE WITNESS FROM

01:55 - 47.880 ANOTHER JUST SHOULDN'T BE JUST

01:55 - 50.120 ROUTINELY FOR EVERYONE WHO IS

01:55 - 51.800 FRIGHTENED OR ANXIOUS WHO

01:55 - 54.160 ENTERS THE COURTROOM FOR A DOG

01:55 - 55.500 TO BE AVAILABLE.

01:55 - 02.310 THANK YOU VERY THANK YOU VERY

01:56 - 04.890 MUCH. ALL RIGHT. MISTER

01:56 - 05.640 WALTZ FOR.

01:56 - 07.510 >>THAT MAY PLEASE THE COURT

01:56 - 08.740 CAREFUL FOR YOU TO CHECK YOUR

01:56 - 09.300 COUNTY DISTRICT

01:56 - 11.330 ATTORNEY'S OFFICE. THIS IS A

01:56 - 12.940 CASE ABOUT THE TRIAL COURT

01:56 - 14.440 DECISION TO LET IS SCARED OF

01:56 - 16.750 HIS 15 YEAR-OLD TESTIFY WITH AN

01:56 - 19.340 UNSEEN SERVICE. PRIOR TO THE

01:56 - 20.650 COURT ALLOWING THAT PRIOR TO

01:56 - 23.080 KAMALA FILED A PRETRIAL MOTION.

01:56 - 24.280 THERE WAS A HEARING

01:56 - 26.020 AND DURING THAT HEARING THE

01:56 - 28.520 COURT SEVERAL IMPORTANT

01:56 - 30.300 FACTORS HERE. THE LEARNED THAT

01:56 - 32.110 THE WITNESS AGE IT WAS GOING TO

01:56 - 33.650 BE 15 YEARS OLD AT THE TIME OF

01:56 - 35.390 TRIAL. 13 AT THE TIME OF

01:56 - 37.350 THE MURDER, THEN AGE WAS

01:56 - 38.590 AUTISTIC AND LEARNING

01:56 - 41.560 DISABILITIES. THAT NOT ONLY HAD

01:56 - 43.430 SHE WITNESSED IF ANY KILLING

01:56 - 44.010 THE VICTIM

01:56 - 47.620 BY A BIT LATER ON THE AGES

01:56 - 49.540 SCOOTER WAS TAKEN FROM HER AND

01:56 - 51.160 USED TO PHYSICALLY BE ANOTHER

01:56 - 51.670 WITNESS IN

01:56 - 53.520 THIS CASE. SO SHE'S MORE

01:56 - 55.290 INSTANCES OF VIOLENCE THAT SHE

01:56 - 56.610 OBSERVED CONNECTED TO THIS

01:56 - 59.240 CASE. SHE TOLD THE COMMONWEALTH

01:57 - 01.440 SHE WAS AFRAID TO GO OUTSIDE OF

01:57 - 01.980 HER HOUSE

01:57 - 03.920 BECAUSE SHE KNOWS WHAT HAPPENS

01:57 - 04.940 THE PEOPLE THAT ARE CONSIDERED

01:57 - 06.250 STITCHES AND TESTIFY IN

01:57 - 06.840 SITUATIONS

01:57 - 08.860 LIKE THIS. AND THAT SHE WAS

01:57 - 10.340 FIRST FEARFUL OF COMING

01:57 - 12.100 INTO COURT. THE SCENE ANYONE

01:57 - 13.650 INVOLVED IN THE INCIDENT,

01:57 - 14.560 INCLUDING THAT

01:57 - 16.630 THE DEFENDANT. AFTER ALL OF

01:57 - 18.250 THAT THE COURT TOOK IT

01:57 - 20.790 UNDER ADVISEMENT. RESEARCH LOOK

01:57 - 21.680 TO SEE IF THERE WAS ANY

01:57 - 23.330 GUIDANCE FROM THIS QUARTER THE

01:57 - 25.200 PERIOD COURT FOUND

01:57 - 26.130 9 AND.

01:57 - 28.760 YOU KNOW IT WASN'T A SPLIT

01:57 - 30.030 SECOND DECISION THERE WERE

01:57 - 31.730 SEVERAL FOLLOW-UP CONVERSATIONS

01:57 - 33.250 THAT THE JUDGE HAD WITH THE

01:57 - 35.150 BOTH PARTIES EVEN UP TO THE DAY

01:57 - 37.830 TESTIFY THE COURT OFTEN WE

01:57 - 39.120 FOUND THAT YOU KNOW

01:57 - 41.960 THIS WOULD HELP THE AND I

01:57 - 42.970 BELIEVE IS CHIEF JUSTICE

01:57 - 44.280 BARRETT SAID THAT THE WITNESS

01:57 - 45.650 HAD BREAKING DOWN ON THE STAND

01:57 - 47.100 IN THE INITIAL ESTIMATE.

01:57 - 50.090 YEAH THAT'S A COUNCIL, YES IN

01:57 - 52.830 YOUR THAT LAST POINT IT STRUCK

01:57 - 53.680 ME IN YOUR BRIEF.

01:57 - 57.640 THE CRIME UNDERSTAND OBVIOUSLY

01:57 - 58.950 BETTER PERSPECTIVE AND AND

01:57 - 02.020 NOBODY COULD HAVE THAT. IN T.

01:58 - 05.070 IN CRAFTING A STANDARD WHICH

01:58 - 06.460 PRESUMABLY WE HAVE TO DO THIS

01:58 - 09.540 OF GENERAL APPLICATION WOULD

01:58 - 09.710 YOU

01:58 - 13.010 AGREE THAT CITY HAS TO BE SHOW

01:58 - 15.220 CITY FOR THE ACCOMMODATION THE

01:58 - 16.830 SPECIES OWN IN ADVANCE.

01:58 - 19.260 AND NOT SIMPLY DERIVED AND

01:58 - 20.480 REVIEWED THOSE TRIAL.

01:58 - 23.850 >>I DON'T BELIEVE THAT THERE IS

01:58 - 25.520 A AS A PAIR OF COURT SAID WE

01:58 - 27.080 AGREE THAT IT DOESN'T NEED TO

01:58 - 28.690 BE A SHOWING OF SPECIAL NEEDS

01:58 - 30.620 THAT SOME OF THE OTHER COURTS.

01:58 - 32.390 IN OTHER STATES HAVE ADOPTED.

01:58 - 35.420 WHILE NO MORE RECENT COURTS

01:58 - 36.060 HAVE FOUND THAT

01:58 - 38.030 THERE ISN'T I NEED A

01:58 - 39.460 REQUIREMENT FOR SPECIAL NEEDS.

01:58 - 42.250 IF THIS COURT DOES

01:58 - 44.910 REQUIRE TEST. IN BEYOND THAT

01:58 - 45.930 THE RULE 6.11.

01:58 - 48.120 THE COMMONWEALTH WOULD BE

01:58 - 50.040 ASKING THIS COURT TO ADOPT THE

01:58 - 52.320 PROTEST FROM DEVANEY AND JUST

01:58 - 54.590 DO THAT BALANCING TEST WHICH

01:58 - 57.380 INCORPORATES YOU KNOW IS THIS

01:58 - 58.500 GOING TO HELP THE WITNESS.

01:58 - 00.160 THE BALANCE THAT VERSUS ANY

01:59 - 01.030 POTENTIAL PREJUDICE

01:59 - 02.560 AGAINST THE THE DEFENDANT

01:59 - 05.670 PROCEEDED IN JUST 1, 1, 3, IN

01:59 - 07.400 YOUR VIEW SIR SHOULD THAT BE.

01:59 - 10.060 >>REQUIRED TO BE OF EVIDENTIARY

01:59 - 12.380 NATURE OR COULD FACE POSSIBLY

01:59 - 13.980 AN ARGUMENT OF COUNSEL TO THE

01:59 - 14.640 TRIAL JUDGE.

01:59 - 17.490 I THINK POTENTIALLY COULD BE

01:59 - 18.060 EITHER ONE.

01:59 - 19.460 >>I

01:59 - 20.280 THINK THE.

01:59 - 21.440 >>AND ENSURE HEARING MAY

01:59 - 22.790 PROVIDE MORE INFORMATION THE

01:59 - 24.040 COURT MEANS THAT THE COURT

01:59 - 26.410 ISN'T CLEAR ON THIS. ALL THE

01:59 - 26.830 UNDERLYING

01:59 - 28.880 ISSUES BUT IF BASED ON

01:59 - 30.170 ARGUMENTS THE COURT IS ABLE TO

01:59 - 32.080 SAY YES I THINK THIS WOULD BE

01:59 - 34.510 SUFFICIENT OR THIS WOULD HELP

01:59 - 36.160 THE WITNESS. I THINK THAT WOULD

01:59 - 37.870 BE ENOUGH I DON'T THINK THEY

01:59 - 39.180 HAVE BEEN INJURED HEARING TO BE

01:59 - 40.960 REQUIRED FULL OF INTRIGUE HERE

01:59 - 42.240 THAT'S JUST A START.

01:59 - 45.250 >>I'M NOT SURE HOW WE DETERMINE

01:59 - 46.540 OR KHALID TRIAL COURT TO

01:59 - 49.210 DETERMINE PREJUDICE SITE IN

01:59 - 51.880 YOU'RE SAYING THERE NEEDS TO BE

01:59 - 53.200 A BALANCING TEST.

01:59 - 56.470 THAT WE NOT HELPING GIVE THE

01:59 - 58.450 DOG IS TO THE WITNESS AND THE

01:59 - 00.210 PREJUDICE TO THE DEFENDANT.

02:00 - 04.080 WHAT WHAT THE TRIAL JUDGE DO AT

02:00 - 05.430 THAT EARLY STAGE

02:00 - 07.780 TO DETERMINE IF THE DOG WOULD

02:00 - 09.550 BE USE OF THE DOCK WITH THE

02:00 - 10.360 FRENCH OFFICIAL.

02:00 - 13.900 I THINK IT COMES DOWN SOME TO

02:00 - 16.660 SOME EXTENT TO WHAT IS. WHAT

02:00 - 18.220 MEASURES ARE ABLE TO BE TO BE

02:00 - 19.970 TAKEN IN THIS CASE FOR EXAMPLE

02:00 - 20.610 THAT THE TRIAL

02:00 - 23.040 COURT SAID THOUGH CAN BE UNDER

02:00 - 24.970 THE WITNESS WHICH IN JUST

02:00 - 26.260 CORONER'S COURT HEARD IS

02:00 - 29.040 ENTIRELY COVERED. IT'S NOT IT

02:00 - 30.610 IN OPEN WITNESS STAND THAT

02:00 - 32.580 ANYONE CAN WITNESSES LINES FOR

02:00 - 35.080 EXAMPLE. THE DOG WAS NOT SEEN

02:00 - 38.060 ANY TIME. JUDGE CORONER ALSO

02:00 - 41.170 DEVISED A WAY THAT THE WITNESS

02:00 - 42.610 AND THE DOG. WE'RE SEATED IN

02:00 - 44.490 THE JURY BOX PRIOR TO ME IN THE

02:00 - 46.400 WITNESS STAND PRIOR TO THE JURY

02:00 - 46.940 COMING IN.

02:00 - 49.580 AND THEN THE JURY LEFT BEFORE

02:00 - 50.670 THE WITNESS AND THE DOG LEFT.

02:00 - 52.810 SO AT NO POINT WAS THE GOL T.

02:00 - 55.710 DRUG CORONER ALSO FELT THAT THE

02:00 - 57.500 TERM COMFORT DOG MIGHT BE

02:00 - 00.080 PREJUDICIAL. AND HE SAID

02:01 - 01.400 INSTEAD I'M GOING TO REFER TO

02:01 - 02.780 IT AS A MORE NEUTRAL SERVICE

02:01 - 05.010 DOG. A SERVICE DOG IS EXTREMELY

02:01 - 07.320 COMMON TERM. I THINK

02:01 - 09.920 JUST IN PEOPLE'S EVERYDAY LIVES

02:01 - 11.640 MEDIA THAT YOU KNOW THE SERVICE

02:01 - 13.460 DOG FOR HELPING A BLIND PERSON,

02:01 - 13.680 SOME

02:01 - 15.200 WITH SEIZURES THAT DOESN'T

02:01 - 17.160 NECESSARILY ENGENDER SYMPATHY

02:01 - 19.030 BY ITSELF SO I THINK THERE ARE

02:01 - 20.240 MEASURES THAT THE COURT CAN

02:01 - 23.870 TAKE. IF THE COURT IS NOT A WAR

02:01 - 25.970 THINK SOME OF THESE I THINK

02:01 - 27.460 CHANGE

02:01 - 29.440 NOW THIS THIS DEAL WAS BROKERED

02:01 - 30.830 CHIEF JUSTICE BARRETT DID YOUR

02:01 - 32.600 OFFICE AND GET A NEW PAPER.

02:01 - 35.700 THE DOG WOULD COME

02:01 - 38.550 BEFORE THE THE JURY WAS THERE

02:01 - 41.090 WITH THE FAT LIP PRIOR TO THE

02:01 - 43.040 LEFT THAT DURING LEFT THE ROOM.

02:01 - 45.740 REMAINED OUT OF SIGHT. I WAS

02:01 - 47.990 NOT EXCEPT EXCEPT FOR.

02:01 - 49.680 I DON'T BELIEVE WE OBJECTED TO

02:01 - 52.440 ANY OF I BELIEVE ALL THOSE WERE

02:01 - 53.710 REASONABLE IN THIS CASE.

02:01 - 56.620 THAT BE AFFORDED THE DOG WASN'T

02:01 - 58.620 TOO SHOW THE DOG OFF TO THE

02:01 - 00.340 JURY AND THE POINT OF THE DOG

02:02 - 02.270 WAS TOO PROVIDE COMFORT BE

02:02 - 03.880 THERE OR THE WITNESS NEWS

02:02 - 05.300 TERRIFIED ARE TESTIFYING

02:02 - 07.500 TO SOME EXTREMELY TRAUMATIC

02:02 - 08.120 THINGS THAT SHE

02:02 - 10.590 HAD SERVED. SO YOU KNOW HAVING

02:02 - 11.920 A DOG ALREADY UNDER THERE.

02:02 - 14.040 STILL ACCOMPLISHES THAT THAT

02:02 - 16.310 SAME GOAL WITHOUT YOU KNOW

02:02 - 17.650 CREATING IT IN FRONT OF IT.

02:02 - 18.920 SO I DON'T BELIEVE THAT WE HAVE

02:02 - 21.340 JEFF IN IS THERE A REASON IT

02:02 - 21.580 WOULD

02:02 - 24.730 AND CHRISTINE YOU'RE THE ONLY

02:02 - 26.000 REPRESENTATIVE THE COMMONWEALTH

02:02 - 27.740 WE HAVE BEFORE US ON THIS CASE

02:02 - 28.280 RIGHT NOW

02:02 - 31.410 AND THERE APPROPRIATE FOR US TO

02:02 - 32.020 BUILD THOSE

02:02 - 34.940 KIND OF IT'S GREAT TO

02:02 - 37.170 TAKE PART. BUT WE DO VERY MUCH

02:02 - 39.010 CARE ABOUT NO NO CRAZINESS WHO

02:02 - 40.430 HAD DEFENDED ITS

02:02 - 41.180 IN STORES.

02:02 - 43.540 >>BUT INDEED PINNING SO THAT

02:02 - 45.360 THEY HEARD EVERY CASE ARE SET

02:02 - 46.520 FOR THE TRIAL JUDGE'S

02:02 - 47.080 DISCRETION.

02:02 - 50.200 >>I THINK IT WOULD BE IN THE

02:02 - 51.450 TRIAL JUDGE'S DISCRETION.

02:02 - 54.300 AND PART OF THAT IS THE ORANGE

02:02 - 55.400 ACROSS THE COMMONWEALTH ARE

02:02 - 57.830 DESIGNED DIFFERENTLY. YOU KNOW

02:02 - 58.230 TO SAY

02:02 - 00.180 THAT THIS THE DOG HAS TO REMAIN

02:03 - 01.170 OUT OF SIGHT OF THE WITNESS

02:03 - 01.520 STAND.

02:03 - 03.440 IN JUST A COUNTY THAT COULD

02:03 - 04.820 PROBABLY BE ACCOMPLISHED IN AND

02:03 - 06.030 MOST OF THAT NOT

02:03 - 07.650 EVERY COURTROOM. I DON'T KNOW

02:03 - 09.020 THAT THAT'S THE CASE IN OTHER

02:03 - 09.880 COURTROOMS ACROSS THE

02:03 - 11.960 COMMONWEALTH. SO YOU'RE SAYING

02:03 - 13.410 THAT THE DOG ACTUALLY CAN'T BE

02:03 - 16.010 SEEN MAY NOT BE FEASIBLE SO IF

02:03 - 17.140 THAT'S NOT FEASIBLE

02:03 - 18.870 ARE THERE OTHER METHODS THAT

02:03 - 20.100 THE COURT CAN TAKE TO KIND OF

02:03 - 22.060 LIMIT BACK SO I THINK IT HAS TO

02:03 - 24.560 BE. THAT KIND OF CASE BY CASE

02:03 - 26.430 SITUATION, NOT A HARD AND FAST.

02:03 - 27.990 ALL ACROSS THE COMMONWEALTH.

02:03 - 31.470 >>COUNCIL WOULD SAY THIS IS

02:03 - 33.190 GOING TO DO I JUST SO I'M CLEAR

02:03 - 34.470 IS WHAT YOU POST

02:03 - 37.700 AND ABUSE. ARE YOU I'M IN

02:03 - 39.680 AGREEMENT WITH THE PROPOSITION

02:03 - 41.180 THAT WE SHOULD BE WHETHER OR

02:03 - 43.380 NOT THE COUNTRY ANIMAL

02:03 - 46.730 IS NECESSARY. TO PROMOTE

02:03 - 48.120 RELIABLE AND COMPETENT

02:03 - 50.290 TESTIMONY ARE YOU SAYING YES TO

02:03 - 52.190 BE NOT TO GIVE IT SOME DAY.

02:03 - 53.320 THE LESSON THAT.

02:03 - 57.750 I FIND US I AGREE

02:03 - 59.130 WITH ME SUPERIOR

02:03 - 59.850 COURT BENCH.

02:04 - 02.190 >>THAT RECORDING DECIDE THIS

02:04 - 04.460 ONLY UNDER RULE 6.11 AND THEY

02:04 - 06.310 CAN DECIDE IS THIS GOING TO.

02:04 - 08.010 YOU KNOW.

02:04 - 10.640 IN THEIR POWER TO CONTROL THE

02:04 - 12.690 REMOTE AND EXAM ANY WITNESSES

02:04 - 13.670 IN THE COURTROOM FUNCTION.

02:04 - 15.380 THE COURT DECIDED THAT.

02:04 - 17.830 TO THE JUSTICE ARMY'S POINT

02:04 - 20.520 WILL A COMFORT DOG SPEED UP THE

02:04 - 21.880 TRIAL. SO DOWN THE TRIAL.

02:04 - 23.150 THOSE ARE ALL THINGS I THINK

02:04 - 23.370 THAT COULD

02:04 - 25.280 BE INCORPORATED AND IF THIS

02:04 - 27.340 COURT FINDS THAT NO THAT'S NOT

02:04 - 28.630 SUFFICIENT ENOUGH WE DO NEED

02:04 - 30.080 SOMETHING ELSE. IN THE

02:04 - 31.170 COMMONWEALTH TO BE ASKING THE

02:04 - 34.010 COURT TO ADOPT BALANCING TEST

02:04 - 35.590 FROM FROM DEVON THE SUPREME

02:04 - 36.730 COURT OF CONNECTICUT.

02:04 - 39.520 AND THE CHIEF JUSTICE FAIR

02:04 - 41.390 POINT. EVEN THOUGH THIS PERIOD

02:04 - 43.540 COURT SAID THAT THE TRAPPER CAN

02:04 - 44.650 FOLLOW THAT IN OUR CASE.

02:04 - 46.400 I BELIEVE THAT THEY ESSENTIALLY

02:04 - 48.480 DID WITHOUT SPELLING OUT POINT

02:04 - 48.970 BY POINT.

02:04 - 51.760 >>AND ON THE

02:04 - 54.780 ISSUE YESTERDAY. I SHOULD WE

02:04 - 55.220 PAY

02:04 - 58.680 ANY GUIDANCE OR INDICATION

02:04 - 00.720 FROM THE GENERAL ASSEMBLY

02:05 - 02.650 DETERMINATION IN THE CHILD

02:05 - 03.790 VICTIMS AND

02:05 - 06.990 WITNESSES AT AND AT CITY NEEDS

02:05 - 09.320 TO BE PROVEN BEFORE ALTERNATIVE

02:05 - 11.380 OR.

02:05 - 12.840 >>I KNEW THE LIFE.

02:05 - 14.860 >>KEEPING IN MIND THAT THERE

02:05 - 16.030 YOU KNOW THAT NICK VAN DEN

02:05 - 17.680 ABBEEL CONFRONTATION BUYS

02:05 - 19.090 ISSUES BACK SHOULD

02:05 - 22.910 DIRECTION. OR I'M A CLUE FROM

02:05 - 25.640 LEGISLATURE DENNIS S AND HE IS

02:05 - 26.750 A PART OF THE ACT.

02:05 - 28.770 >>I DON'T THINK THE COURT HAS

02:05 - 30.230 TO END FOR THE EXACT REASON

02:05 - 31.180 THAT YOU'RE ON DISSENT.

02:05 - 34.410 THOSE STATUES DEAL WITH THAT

02:05 - 35.580 YEAH, YOU KNOW ISSUE A

02:05 - 37.200 CONFRONTATION CLAUSE AND

02:05 - 38.860 CONFRONTATION CLAUSE GENERALLY

02:05 - 39.950 KIND HAS 2 COMPONENTS THAT

02:05 - 40.920 YOU'RE GOING TO PHYSICALLY

02:05 - 42.690 CONFRONT YOUR WITNESS ARE THE

02:05 - 44.240 PEOPLE TESTING THAT'S THE FIGHT

02:05 - 44.840 AGAINST YOU

02:05 - 46.690 AND HAVE A AN OPPORTUNITY TO

02:05 - 48.950 CROSS EXAMINE HIM AND IN THIS

02:05 - 50.500 CASE HAVING THE DOG PRESIDENT.

02:05 - 52.000 IT DOESN'T IMPACT EITHER ONE OF

02:05 - 53.720 THOSE. ACTUALLY

02:05 - 57.090 IF ANYTHING IT HELPS THAT THE

02:05 - 58.840 CAUGHT B M THE ACCUSED THE

02:05 - 00.330 DEFENDANT HAVE THAT OPPORTUNITY

02:06 - 02.500 TO CROSS EXAMINE A WITNESS WITH

02:06 - 04.590 TESTIMONY THAT IT'S NOT BROKEN

02:06 - 05.340 UP TESTIMONY

02:06 - 06.830 THAT'S NOT YOU KNOW STOP

02:06 - 08.280 BECAUSE THE WITNESSES UNABLE TO

02:06 - 10.610 CONTINUE. SO I DON'T THINK THAT

02:06 - 11.980 TAKING GUIDANCE FROM ACT IS

02:06 - 13.950 APPROPRIATE BECAUSE THEY ARE

02:06 - 15.800 TOO. THE STATELY DIFFERENT.

02:06 - 17.510 SCENARIOS HERE.

02:06 - 20.320 >>AND IT WHEN FOR THEIR

02:06 - 22.100 FOLLOW-UP QUESTION THAT I

02:06 - 24.800 BELIEVE I JUST I ASKED EARLIER

02:06 - 27.190 I MOVE THAT WE BUY THING AS AN

02:06 - 28.540 EYE TO EYE

02:06 - 30.240 COVERED ALL.

02:06 - 34.960 OR YOU KNOW A CHILD WITNESS,

02:06 - 37.840 THE U N THERE'S A FIGHT TO COME

02:06 - 40.040 FROM ANIMALS LIKE AGAIN.

02:06 - 45.290 THAT'S THE FAVORITE COMFORT.

02:06 - 48.880 ANIMAL OF AND IN THIS CASE IT

02:06 - 53.300 CORRECT. IT'S NOT THE SHARES

02:06 - 53.930 COUNTRY THOUGHT.

02:06 - 55.690 >>IT WAS A SHARE IT WAS NOT A

02:06 - 57.280 PERSONAL COMFORT GOT CRACKED OK

02:06 - 00.410 YOU KNOW THIS IS BECAUSE I

02:07 - 01.830 HAVE TO YOU KNOW WHEN AND

02:07 - 03.600 UNKIND ABOUT THIS IS GOING HELP

02:07 - 04.660 US GET BACK, I MEAN YOU

02:07 - 05.220 KNOW CLOSE.

02:07 - 07.340 >>I WOULD SAY THAT NOT TO FILE

02:07 - 08.540 ANY WITNESS HAS A

02:07 - 10.600 GOOD THING. I'M THINKING I'M

02:07 - 11.820 PLAYING WITH THEM AND THINGS OF

02:07 - 13.010 THAT NATURE IS THAT BY

02:07 - 13.730 HERE ALSO.

02:07 - 15.760 >>I WOULD THINK THAT THE COURT

02:07 - 19.100 WE WOULD DO A SIMILAR YOU KNOW

02:07 - 21.710 IS THEIR WAY FOR ANY

02:07 - 23.270 POTENTIAL PRESIDENT IS THERE A

02:07 - 24.550 WAY TO KIND OF MITIGATE THAT.

02:07 - 26.420 IS THIS GOING TO HELP THE

02:07 - 28.170 WITNESS. YOU KNOW PROVIDE

02:07 - 30.300 THE TESTIMONY AND IS IT GOING

02:07 - 31.790 TO SPEED UP SLOW DOWN THAT THE

02:07 - 32.970 TRIAL AND SO FORTH.

02:07 - 35.410 IT'S HARD TO SAY I

02:07 - 37.350 MEAN THERE'S WE'VE ALL HEARD

02:07 - 38.450 THE STORIES OF DIFFERENT

02:07 - 40.900 THINGS THAT ANIMALS AND STUFF

02:07 - 41.920 THAT PEOPLE ARE TRYING TO TAKE

02:07 - 45.880 THERE'S NO

02:07 - 47.740 LIMITATION OF THAT SO I THINK

02:07 - 48.450 THAT IS SOMETHING THAT THE

02:07 - 49.670 COURT COULD CONSIDER.

02:07 - 52.060 I THINK MORE COMMONLY WILL SEE

02:07 - 53.810 IT WITH YOU KNOW COMFORT BALLS

02:07 - 54.910 AS THE ANIMAL BUT.

02:07 - 57.820 I THINK IT MAY BE APPROPRIATE

02:07 - 59.660 IN A GIVEN CASE FOR SOMETHING

02:07 - 59.900 ELSE.

02:08 - 05.470 ANY OTHER QUESTIONS AT ALL.

02:08 - 08.990 THE COUNCIL WILL MAKE THE CASE

02:08 - 11.110 UNDER ADVISEMENT. WE'LL STAND

02:08 - 13.020 IN RECESS FOR LUNCH IN THE 1

02:08 - 13.340 O'CLOCK.

02:08 - 47.890 >>THE NEXT ARGUMENT IS IN RE

02:08 - 49.530 ADOPTION OF CMA MINOR.

02:08 - 52.870 THE APPEAL OF MOTHER AND PM PM

02:08 - 54.010 MATERNAL GRANDPARENTS,

02:08 - 56.530 REPRESENTING THE MOTHER IS

02:08 - 58.050 MISTER CRAIG LOSE STEAM

02:08 - 01.200 REPRESENTING C M IS MISS MARY

02:09 - 02.080 COIN YOU

02:09 - 04.770 REPRESENTING JAYCEE IS MISS

02:09 - 06.030 CHRISTIANS.

02:09 - 11.200 >>THIS CASE PERTAINS TO A

02:09 - 12.830 PROPOSED THE ADOPTION OF A

02:09 - 13.480 MINOR CHILD.

02:09 - 16.240 MOTHER MATERNAL GRANDPARENTS

02:09 - 17.290 HAVE RAISED THE CHILD

02:09 - 19.480 SINCE BIRTH AND THE FATHER

02:09 - 21.120 ABOUT A CUSTODY COMPLAINT

02:09 - 22.950 FOLLOWING A LENGTHY PERIOD OF

02:09 - 24.850 THESE APPS. THE MACAU

02:09 - 25.740 GRAND PARENTS

02:09 - 27.720 ABOUT A PETITION FOR

02:09 - 29.420 INVOLUNTARY TERMINATION OF THE

02:09 - 30.740 FATHER'S PARENTAL RIGHTS.

02:09 - 32.360 IT'S THE MOTHER JOIN

02:09 - 34.590 THE MOTHER WANT AIRLIE

02:09 - 36.320 RELINQUISHED HER OWN PARENTAL

02:09 - 37.850 RIGHTS TO CREATE A CHILD FOR

02:09 - 40.160 ADOPTION. BY HER PARENTS

02:09 - 41.830 PATERNAL GRANDPARENTS, THE

02:09 - 43.160 ORPHANS COURT GRANTED A

02:09 - 45.070 PETITION AND ENTER ORDER

02:09 - 46.270 TERMINATING THE FATHER'S

02:09 - 48.150 PARENTAL RIGHTS, THE SUPERIOR

02:09 - 49.670 COURT REVERSED A FINDING THAT

02:09 - 50.780 THIS COURT'S DECISION

02:09 - 53.190 IN THE ADOPTION OF THEM ARE BE

02:09 - 55.030 PRECLUDED THE TERMINATION OF

02:09 - 57.090 THE FATHER'S PARENTAL RIGHTS IS

02:09 - 58.380 THAT WHAT THE PLAY DID DOT

02:09 - 00.400 SHUN. IT WOULD NOT CREATE A NEW

02:10 - 01.200 FAMILY UNIT.

02:10 - 03.450 THIS COURT GRANTED A LOAN TO

02:10 - 05.250 THE FIELD GOALS AND WHETHER TO

02:10 - 05.800 REPORT.

02:10 - 08.810 IN APPLYING THIS COURT'S

02:10 - 11.770 HOLDING IN IN MARTY.

02:10 - 14.170 UNDER THE FACTS OF THIS CASE

02:10 - 15.620 AND WHETHER THE REVERSAL CAUSE

02:10 - 17.590 IT TO THE PROPER DISTURBANCE.

02:10 - 19.680 THE FACTUAL AND CREDIBILITY

02:10 - 22.040 FINDINGS BE TROUT ORPHANS

02:10 - 22.400 COURT.

02:10 - 25.030 AND THAT IS A FAIR

02:10 - 26.600 CATCH PLACE IN THE CASE WITH

02:10 - 27.910 THE BLUE SEEING FEEL FREE TO

02:10 - 30.070 INTRODUCE YOURSELF IN THEY GET.

02:10 - 32.460 THANK YOU VERY MUCH. MISTER

02:10 - 34.460 CHIEF JUSTICE. THE JUSTICES MAY

02:10 - 35.530 IT PLEASE THE COURT I HAD THE

02:10 - 37.430 PRIVILEGE OF REPRESENTING THE

02:10 - 39.790 MOTHER IN THIS CASE THAT THE

02:10 - 40.130 ISSUES

02:10 - 43.380 CORRECTLY THEY CITED BY YOU

02:10 - 44.250 CHIEF JUSTICE.

02:10 - 46.210 >>THEY DON'T KNOW THE MORE AND

02:10 - 49.360 MORE THE CASE. HERE IN

02:10 - 51.320 THIS CASE, THIS IS NOT THE MORE

02:10 - 53.200 HE FAKES THIS CASE DOES NOT

02:10 - 54.100 INVOLVE SECTION

02:10 - 54.950 21 TO ONE.

02:10 - 57.300 >>THEY'RE 29 ONE OR 29 OR 3 OF

02:10 - 58.590 THE ADOPTION HERE.

02:11 - 03.100 WAS REQUESTING TO REMOVE HER

02:11 - 05.110 FROM THE OVERNIGHTS UNLIKE THE

02:11 - 07.220 MOTHER IN THEM OR D HERE

02:11 - 08.950 THE GRANDPARENTS, WE'RE

02:11 - 11.040 ADOPTING HERE. THE GRANDPARENTS

02:11 - 12.450 OR MARRIED COUPLE. THE

02:11 - 14.780 HORIZONTAL AS TO EACH OTHER.

02:11 - 16.820 THEY ARE MARRIED AND WOULD

02:11 - 18.390 RAISE THE CHILD WHOM THEY WOULD

02:11 - 19.860 ADOPT AND THERE WERE A FEW

02:11 - 22.400 ARTICLE RELATIONSHIP WITH

02:11 - 24.270 THAT CHILD. SOME CONCERNS THAT

02:11 - 26.010 WERE RAISED IN MRD THESE

02:11 - 27.740 CONCERNS ARE NOT PRESENT IN

02:11 - 29.040 THIS CASE, THE SCENT

02:11 - 31.880 IN THE SUPERIOR COURT DECISION

02:11 - 33.850 WAS CORRECT. THERE'S

02:11 - 34.690 PELLIGRINI.

02:11 - 37.860 IT'S DETERMINED IN HIS

02:11 - 39.650 DISSENTING OPINION THAT

02:11 - 41.370 MAJORITY BASED ITS VIEW.

02:11 - 43.810 THE CASE ON WHEN

02:11 - 46.580 IT RECEIVED THE CERN TO BE A

02:11 - 47.620 PUBLIC POLICY.

02:11 - 50.460 BEHIND THE STRICT LANGUAGE OF

02:11 - 51.240 THE OPTION OF THAT.

02:11 - 55.390 THE LANGUAGE THE MANDATORY

02:11 - 57.440 LANGUAGE OF IT UP TO NEXT A

02:11 - 59.540 JUDGE PELLIGRINI ALSO FOUND

02:12 - 03.650 THE SUPERIOR COURT IGNORED THE

02:12 - 05.350 FINDINGS AND THE CREDIBILITY OF

02:12 - 06.660 THE TERMINATIONS AND THE

02:12 - 08.500 FINDINGS OF FACT THE TRIAL

02:12 - 10.370 COURT WHICH I DID IT WOULD BE.

02:12 - 11.920 THAT

02:12 - 14.670 WAS IMPROPER THAT THE FINDINGS