Question for the group?
Does anyone remember who or at what point in the PH- that Bach states she "does not want him to have to have to testify and she expressed concern that he was going to have to." I'm sitting here trying to recall.
"I don't want him to be in a position where he has to testify" - that PH discussion was about the cellphones:
Starts on page 93 -
http://www.scribd.com/doc/272950986/D-Wint-Savopoulos-Preliminary-Hearing
Q Um, the cell phones that were used in this case, the Savopoulos' cell phones that were used in communications in this case, those were not recovered from Mr. Wint, his belongings or homes associated with him?
MS. BACH: Your Honor, objection.
THE COURT: The objection is noted but it's overruled. You may answer yes or no.
MS. BACH: I would ask to approach.
THE COURT: You may approach.(Bench conference).
MS. BACH: I'm going to ask –
THE COURT: No, no, you come to the bench. No, no, Miss Bach, be clear, you don't make speeches in my courtroom, you say what you've got to say at the bench.
MS. BACH: I'm going to just ask Your Honor for permission to do this ex parte, if the Court believes it needs to be disclosed to the defense it's fine but it has to do with an open search warrant that is about to be executed.
THE COURT: Well –
MS. BACH: And I'm afraid that he's going to end up-- I don't want him to be in a position where he has to testify -- I'm worried that he's going to have to -- he's going to not be able to testify without revealing that search warrant is what my concern is.
THE COURT: Have the search warrants been executed?
MS. BACH: No, that's the problem.
THE COURT: Okay, so the question is whether or not the cell phones have been recovered. The cell phones that were used in communications in this case, those were not recovered from Mr. Wint, his belongings or -- I can't find it.
MR. AGO: Homes associated.
THE COURT: And so, okay, I guess -- I guess you think the answer that he might reveal that he doesn't know?
MS. BACH: It goes beyond that. And that's why I'm asking for permission to do this.
THE COURT: Well, step back for a minute, counsel, if I think it's not a subject that's properly ex parte I'll --(Defense counsel excused from bench. Ex parte. Said bench conference is ordered sealed and is not transcribed herein).
THE COURT: All right, counsel, I'm going to overrule the objection to the exact question that you asked. Do you need it repeated by the court reporter?
MR. AGO: No, I think I know it.
THE COURT: Okay. You may come back.
BY MR. AGO:
Q The cell phones that were used in communication in this case, decedent's cell phones, they were not recovered from Mr. Wint, his, um, belongings, or the homes that he stayed at, correct?
A Correct.
MR. AGO: This might draw the same objection, Your Honor, but I'll ask the question.
BY MR. AGO:
Q Is the cell phones, um, that we've discussed, those same cell phones, were any of them used on or after May 13thto call any numbers associated with Mr. Wint?
MS. BACH: Your Honor, objection.
THE COURT: Sustained.