JB: our previous objection was a 403. We had previously filed a motion, a agents of the state was included we are renewing that and request a mistrial because of the statements heard during the video especially about the defendants council...including that her council may withhold evidence and destroy evidence. The jury heard and it ruins credibility...other than filing motions and renewing objections that is all we can do. There are future videos that have further slanders against the defnese's council...other legal and um also misstakments of law and fact surrounding the legal representation of Miss Anthony and the visitors in these tapes. I understand part of what the State of FL is doing how ever they should be relvant they should not be prejudicial where you have statements that may confused the jury as to what the law may be and issues related to the defendants council. On those grounds we ask for a mistrial
the motion as it relates to these tapes it went exclusively to the Anthony's being agents of the state. He did not state which parts are prohibitive, he did not file in a timely fashion....
HHJP: want to ask questions. dead lines to address evidentuary...December 2010
LDB: yes that is accurate
HHJP: in the motions filed by the defense ever filed to redact portions of these videos that are being published.
LDB: more of an inquirey to see if we could and of that nature.
HHJP: one dealing with the dead line and two dealing with a specific motion to redact portions of the video
JB: I would agree with the state among the hundreds we did not but it is out job to raise objections I did it before during and after and doing it again, highly predjudical. I am raising them, if the defense chose a higher priority for other items. I have to bring this to your attention judge.
HHJP: these videos when were they given to defense?
2008 around september of 2008 all except one jan 2009, one was a mix up that was disclosed about a week ago. my position is the same
LDB: ?
HHJP: 2008
LDB: yes, except for the last one, the mix up he refers to is his having a copy and then getting it to us.
HHJP: time for filing briefs and other things there must be some finality this court gave a date dec 31 and from jan up untill april we had availability for hearings. The court will deny the motion for mistrial. We have heard the other motions this one has raised it is untimely and it will be denied.
JB: ?
HHJP: if you fashion a curative instruction as to what you would like in it and I will fashion one and give one if proper.
LDB: we want to start at 11 and 30 so there is no dead air
HHJP: any objection from the defense?
JB: was speaking to client did not hear
LDB: the exchange begins at 11 min so instead of having dead air
HHJP: all right let's return the jury
all rise for the jury