PRE-SENTENCING: Cape Coral Killing Spree Murder Trial - FL v. Wade Wilson Day 4

Sentencing due to begin but is delayed until next week

Episode Transcript

(00:01):
You can't have what you how's myfavorite rays and things? I had?

(00:30):
No sugar? Are you even us? Yeah? Teacher, your back up,
back up. Mostly I don't.Let's go back to talk for soon

(00:52):
because we go we're gonna do.That's one of Roy good anger on Sundays.

(01:30):
SI. Yeah, that's quest problemnow a man, but yeah,
yeah, yeah, finance a threepeople job. So everything leading up to

(01:57):
that and it didn't even matter.No undress, check your emails. Yeah,

(03:00):
in the yes, move under water, all rise, very court in
the counties down second, and thenwould Judge of the Council Presiety a pleasure
agence to the flag of the UnitedStates of America and to the Republic from
which it stands, one nation underGod, indivisible with liberty and justice for

(03:21):
all. Morning, please be seeit morning, could see everybody here,
Judge, all right, let's bringout mister Wilson. You guys, thank
you back all right. Let therecord reflect the State's president, defense counsel,

(03:45):
and the defendant are all present.Are we ready to proceed? Ready
to proceed? This morning is adefense rate to proceed. We are not
ready to proceed. I follow themotion yesterday to inform the Court. Thank
goodness. Mister Holland is with us, but he is still recouping. He
was incapacitated for three days. Ifhe wants to explain it to the court

(04:08):
at the bench, I'll let himdo so. I don't want to broadcast,
and I don't think it's anybody else'sbusiness, but he was unavailable to
assist us. During that time periodwe finished conducting interviews of my client our
client, excuse me, and Ihad an opportunity to spend a lot of
time with our mitigation specialists. Iwantator to introduce you to Ms Perez.

(04:32):
I've had time to talk to bothof our mitigation specialists. They're compiling.
Doctor Mills has already compiled his data. I think that doctor Eisenstein is done
with his. We have to sendthat compiled data to the States Experts so
he can review it and subject tothe Court's approval, we have depositions scheduled

(04:55):
tomorrow morning of the Experts respect.I was requesting continuance until Monday or an
adjournment until Monday, so that wecan all be properly prepared to proceed because
we are not. Partially because Ihad to do this by myself, mister

(05:15):
Hollander was unavailable. State in response, Judge, the State is in a
predicament given the fact that we areresponding to Defense Counsel's late disclosures of a
number of records that we received justyesterday Defense Counsel as it relates to the
experts. Unfortunately, we are justin light of the compromise position that the

(05:38):
state finds itself and we are readyto proceed today. However, in light
of being able to properly respond rsand allowing ourselves to be able to if
I can't. Part of the problemis doctor Eisenstein. Because he's a neuropsychologist,
he has this raw day at it. He can't read, do,

(06:00):
sit down to anything until he actuallygoes back to his office in Miami and
puts it into his computer. Theprogram in his office in Miami will extrapolate
the data and then he can bebetter render an opinion. Obviously, he
can't do that. I guess myquestion is what prevented him from doing that

(06:23):
within the timeframe that was already giventhat you said, you know the time,
because we continued this from April togive time for all of the experts
to do their things. But well, what is it that delayed him from
getting it done by the day Ifthe court recalls the problem we were having.
I'm not going to go through thewhole scenario again. But I got

(06:46):
appointed to the case. When Itried to get the experts appointed who should
have been appointed three years ago orfour years ago. I could do that
because the JAC was not accepting theorder of appointment that your Honor executed and
was filed in the court file becauseit didn't exclude consideration of regional conflict Council.

(07:14):
I submitted a new order to thejudge. When I found out from
JAC why they had declined to acceptthe order of appointment for myself, Your
Honor signed a new order, atwhich time then I could go forward and
seek appointment of the various experts.I filed motions. We have to wait

(07:35):
for JAC responses. JAC was slowand responding. I got everybody up to
speed as soon as I could.Well. I thought those dealt more with
just authorizing the payment for their work, and it did. But they can't
go forward until those documents. Untilthey're appointed, none of these doctors can

(07:58):
go forward. As matter of fact, the defense is basically sacrificing two of
its experts to go forward on Monday, because I have two that aren't going
to have time to get involved inthe case. So we need to go
forward with the two that we havethat have already conducted their examination. As
a matter of fact, doctor Millsflew down here from North Carolina twice to

(08:22):
interview our client. Doctor Eisenstein spentTuesday and all day Wednesday with our client.
We've done everything that we can tobe ready by today, and we
can't do it. Okay, whatelse needs to be done to be ready
by next week? Doctor Eisenstein needsto compile his What does that mean?

(08:48):
He runs a series of tests.He has to put those test results into
his computer, and then the computerprovides a documentation as to what the results
are from that evaluation. I needto send that off to the State.
Is their expert he's going to evaluateit. We need to take the deposition

(09:11):
of all of the experts tomorrow morning, which is already scheduled. So we'll
have that data compiled and done throughhis computer by tomorrow morning. Yes,
bye today, bye today, byetoday. He's going back to Miami.
Okay, Yeah, Because obviously doctorHerkov is going to need some time to

(09:33):
go through that data. Sorry,I'm not going to come back here Friday
or Monday and ask for more time. I appreciate the consideration, and we
all appreciate the fact that we're inconveniencingfourteen people. But by the same token,
this is understand that, and Ijust I need I'll have to inquire
with the jurors about when they're availableright next week. But under those circumstances,

(09:58):
it's going to take past Tuesday.Okay, Uh, all right,
so go ahead and have to see. Let me just think for a second.
I think that we probably need tobring the jurors out number one inform
them that we're not able to proceedtoday. However, we believe we can

(10:20):
proceed Monday or Tuesday. Monday,Monday, okay, So we got to
do it Monday, Yes, okay, I'll make I can make that arrangement.
I've got a long docket for Monday, but I'm sure that my judicial
assistant will be able to So wewant to bring the jurors in inquire about

(10:45):
their availability for Monday. Are westill talking Monday and Tuesday? Though?
So Monday and Tuesday, explain tothem that there's something that has occurred that
we're not well. How do whatdo you want me to tell the jury?
That's something occurred beyond our control andwe've done everything that we can to

(11:07):
be ready, that we're not goingto be ready until Monday. How about
due to unforeseen circumstances. Fine,we're not to proceed today. However,
we would be able to proceed Mondayif you are available, which means you
would be needed Monday and Tuesday.Is there anybody here that will not be
available on Monday or Tuesday? Yeah? I think during our jury selection.

(11:28):
Do you mind if I remain seated? That's okay. I think during our
jury selection we've pretty much cleared outeverybody who wouldn't be available, like through
the twenty eighth or something like that. I think that's correct. So I
think I think we should be okay. But I remember a few jurors discussing
trips or travel plans in July,I believe. But yes, sir,

(11:50):
I think we're okay for next weekthat we'll find out. Do we have
all the jurors? Now? Wehave the jurors plus the alternates, Okay,
so we'll bring them all back out. I'll ask them that question,
and we'll see what they say,and then I'll send them back out and
we can discuss it. Is thatagreed? Yes, sir, all right,

(12:11):
let's bring the jury in. Judge. What I needed the word jeans?
Sure? All right, welcome back, ladies and gentlemen, please be
seated. So, ladies and gentlemenof the jury, due to some unforeseen

(12:35):
circumstances, we are not able toproceed today. We are able to proceed
next Monday and Tuesday. Is thereanybody on the jury, by a show
of hands, who would not beavailable for us to proceed on next Monday
and Tuesday? Seeing no hands,I have a couple other inquiries. One
is, by a show of hands, was there anybody that was not able

(12:58):
to follow the court's instructions about meaningresearch, looking up anything, or discussing
anything about their services a juror onthe case very well, seeing no hands.
The other question is, is thereanybody here on the jury, by
the show of hands, who cannotcontinue to follow those instructions about not doing
any research, looking up anything,or discussing anything about your service as a
juror on the case. Seeing nohands, then what we will do is

(13:22):
I'm gonna send you back and thenwe'll make sure about our scheduling. I
believe what we'll do is have youcome back Monday morning at nine am.
I just want to confirm with counselthat's okay, and then we'll bring it
back in and release you for theweekend. All right, thank you.
If you'll just go back to thejury, leave your dow it books here,

(13:46):
let the record colllect, the jurysex day, the quot reminy obgestion
to my inquiries in the jurors.Okay, so we can begin Monday morning
at nine am. Correct, yes, confirming very well. And all the
discovery or what have you that needsto be turned over the state we turned
over today, hopefully this morning,but today yeah, yeah, all right,

(14:11):
and then you all be able tocomplete what you need to complete by
Monday, absolutely, Judge, Okay, are there any other issues the court
needs to address prior to Monday morning? I don't believe so, okay,
no, Judge, no issues asrelates to what has given rise to the

(14:31):
postponement of today's proceedings. I thinkthat in an abunds of caution, while
we're currently together, we conducted acharge conference with right instructions, we can
do that. We can do that. And mister Wilson, you understand what's
going on in your an agreement withthe postpone until Monday. Yes, all
right, I have a copy foreach account or each parties. As far

(14:54):
as the preliminary instructions, I believethey were emailed a while back. We
all got to copy those, ifyou don't need to be a hard copy.
One for the state and two forthe defense. Over there, these
are the preliminary instructions I believe thestate promulgated several weeks ago. And there's

(15:20):
a portion in there I believe regardingthe defendants right not to testify. Did
the defense want the court to readthat part of the instruction. I don't
know yet. I'm going to meetwith our client either today or tomorrow.
Okay, well, i'll need toknow Monday morning obviously before I that's fine,

(15:45):
That's fine. And then the otherinstructions that you want to go over,
are the the final instructions that we'resent? Yes, sure, okay.
The other thing I want to doI want to make sure of is
that we get all of the jurorsphone numbers to give to the clerk so
that if anything changes or what haveyou any problems, we can get a

(16:07):
hold of them. So we'll dothat in just a minute. After we
bring them back out, I'll tellthem that the bail will take the phone
numbers from the dr Judge. Inan abundance of caution, I'm going to
ask that the court read the readthat instruction with regards right to remain silent.

(16:27):
Okay, it's very similar to thepreliminary instructions that are standard in every
case, is it. I thinkit's fine, and because that decision that
it can be a spur of themoment thing and we absolutely all right,
So I will read that part ofthe instruction. Then have you got the
other instructions? I know that Ihave proposed, but there's nothing filled in.

(16:55):
It's just the standard penalty phase instruction. I believe I can go ahead
and print off a set for everyoneif you'd like. Once again, I
was waiting on defense counsel to provideme with that's fine. Do you all
have a set of Dury instructions?Yes? Oh great? No? No

(17:15):
no, no, I meant doyou have your own? Do you have
any proposed instructions from yourselves or anyspecial instructions? So I do not other
than what we would need to inserton page four among the mitigating circumstances you
may consider are. I need toprovide that list to the state and then
we will have a discussion as towhether or not there's any evidence of those.

(17:40):
Right when do we anticipate that's goingto happen. I'll try and do
it today, okay, and thenyou can share those with the email and
that way I can have a copyof them to review as well. I
did I need to confer with mymitigation specialist because she may have some Okay,

(18:00):
the ones that I compile based uponthe testimony of individuals during the guilt
I don't think we'll be able todo a full charge conference then on the
final instructions at this point because wedon't know what's going to be in them
at this point. I think thatyou can confer over the weekend and if
you can come up with as closeas you can get to a final draft

(18:22):
of those before Monday morning, thatwould be helpful. Let's talk about scheduling
Monday morning. We expect the statewill start with their opening and go from
that point forward. How long doyou think your presentation? Yeah, as
far as the State's portion goes judgement, I wouldn't anticipate that to take any
longer. I mean as far asevidence for you wise, I'm just trying

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to gauge over the two days,what are schedules going to be, like
judge, anticipate what openings and thengo into the presentation of the state's evidence
porting minutes okay. I mean asfar as the evidence portion goes Okay,
And obviously we have two experts,and certainly I'm going to discuss with them

(19:12):
what I anticipate their testimony to be. I got to get my questions finish,
getting my questions together, so okay, I mean a couple of hours
I anticipate. I'm not I'm notpinning you down as to how exactly the
time, how much exact time you'regonna use. I just want to get
a ballpark just for the jurish purposesin the courts. So, do we

(19:33):
believe it's possible to have all ofthe evidence for this portion to be completed
on Monday? Yes, okay,I think that. My thought is that
they would be done potentially by lunch, okay, with their experts. Unless
this goes along and I'm anticipated arethen we would put our expert on okay,

(19:55):
and then we'd be ready for closing. So I don't so you might
be able to close Monday afternoon.Okay, I'll be ready to close whenever,
right, but we can't close toall everybody rests. So I just
wanted that's that's really what I'm askingis, but I don't anticipate that it's
going to take all day Monday,okay, all right? Okay, And

(20:17):
then is there any other issues orany other things that court needs to address
then before Monday? Are there anyother issues? All right? No,
okay, all right. Then Iwill bring the jurors back out. I'll
let them know the billet's gonna gettheir phone numbers for the clerk to have
so that if she needs to contactthem for any reason, she can,

(20:37):
and then we'll release them to comeback Monday morning at nine am. Okay,
agreed, Yes, okay, No, they're LEAs be seated. So,

(21:03):
ladies and gentlemen, two things.One before you leave, when you
go back, I'm going to haveyour bailiff write down all of your contact
phone numbers to give to the clerkso that we can get in touch with
you with you if we need to. Second, thing is, we're going
to release you to come back Mondaymorning at nine am. Please continue to
follow the court's instructions regarding not doingany research, looking up anything, discussing

(21:26):
anything about your services a juror inthe case, watching local news, reading
newspapers, anything like that. So, with those instructions in mind, you
are released until Monday morning at nineam, and then BAILFF will take you
back and get your contact information forthe clerk. All right, well right,
thank you, all right, letthe record reflect the Jersey exit the

(21:49):
courtroom. Then well, if there'snothing else, we'll be adjourned til Monday
morning at nine am. Okay,yeah, I have a oh no,
I've just got a couple more orderscoming your way in what regard. Okay,
fine, okay, all right,thank you back some time, should

(22:15):
time? Okay, look m