Whitaker told the jury to disregard Gaither’s testimony about the truthfulness of Zachary’s statements, calling it “frankly inappropriate”.
Gaithers testified that she left her case file with the Atlanta Police Department.
Whitaker sent the jury to lunch after Love tried to introduce the Gaither case file.It seems defense attorneys had not seen the case file. Love claims that they serve the file but is trying to figure out when they accessed the file.
Whitaker is asking Love to put the case file back together so the defense attorneys can look at the case file.
Love claims to remember seeing someone's handwriting in a picture and as she was looking for that, she found Gaither's case file. "I didn't know whose file it was and, in fact, I sent a text message to detective Dennis, on a particular date, asking whose writing this is,” Love
Love is rambling and not telling the court when she had the file and served it to the defense. She claimed to have served it in 2022 but then said they are still confirming when they served it to the defense.
Schardt is arguing that they were told the file was lost because of a hack but claimed the state found the file and didn't tell anyone about it.
Love said 8/02/2022 is the date the contents of that case file was served to the defense as part of discovery.
Attorneys are looking through the case file. Love said she didn't find out that this was Gaither's case file until this week. Love makes sure to clear up that she wasn't trying to conceal anything from the defense.
Whitaker suggested to Love that it would have been nice to disclose to the defense once she discovered that the case file belonged to Gaither, but seems like Love didn't like that suggestion.
"We've got to streamline this case more. We are just going to have to figure out a faster way to get to what it is that you want from each witness," Whitaker said, bringing up that in federal court they might limit a witness to an hour.
"We'll talk about the witness list next week," Whitaker tells Love, after she claimed they were going to be done with Gaither by 10 a.m. today and they haven't even started cross-examination.