Filing Date | Description | Text * | Last Activity Date |
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5/15/23 8:30 AM | Jury Trial Conducted | 9:00am - Plaintiff by APA?s Sanders, Curtis, and Anderson; Defendant on bond with attorneys Shipley and Vernon. Plaintiff and Defendant announce ready for trial. Plaintiff makes record as to offer made and rejected. Defendant attorneys confirm this, as does defendant herself following direct inquiry by Court. 9:40am - Parties appear as before. Venire Panel of 76 (#28 having already been excused) seated and sworn. Voir Dire begins. 11:10am - Court reads 400.04.1 and recesses Venire Panel. Private responses taken at Bench. 11:30am - Venire Panel returns, Voir Dire resumes.12:20pm - Court reads 400.04.2 and recesses Venire Panel. Private responses taken at bench. 2:00pm - Venire Panel returns, voir dire resumes. 3:35pm - Court reads 400.04.2 and recesses Venire Panel. Responses taken at Bench.3:50pm - Venire Panel returns, voir dire resumes. 4:25pm - Voir Dire concludes, Court reads 400.04.2 and recesses Venire Panel.5:20pm - Jury of 12 + 2 alternates seated, remainder of Panel discharged. Court reads 400.04.2 and recesses Jury for the evening. | 5/23/23 8:24 AM |
5/16/23 8:39 AM | Jury Trial Conducted | 8:00am- Parties appear as before. Court inquires of attorneys regarding Juror #1 (who had approached the bench after discharge of the Venire Panel last evening, stating, she didn?t believe she could serve as a juror)- parties agree said juror should be discharged from further service. Court summons Juror #1 into courtroom, inquires as to whether she feels the same as last evening. Juror #1 responds that she does and that she feels she cannot serve. Court discharges said juror from further service. 8:45am- Jury returns. Jury sworn. Court reads Instruction 400.06, 402.01 (Instruction #1) and 402.02 (Instruction #2) Rule regarding witnesses involved- Court informs the parties they are responsible for their own witnesses. 8:55am- Opening statement by Plaintiff and by Defendant. 9:30am- Plaintiff begins presentation of evidence in case in chief. 10:15am- Court reads 400.04.2 and recesses Jury. 10:30am- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 12:00pm- Court reads 400.04.2 and recesses Jury. 1:25pm- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 2:45pm- Court reads 400.04.2 and recesses Jury. 3:00pm- Jury returns, plaintiff resumes presentation of evidence in case in chief. 3:30pm- Court reads 400.04.2 and recesses Jury. Offer of proof by Plaintiff. 3:45pm- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 5:00pm- Court reads 400.04.2 and recesses Jury. | 5/23/23 8:48 AM |
5/17/23 9:00 AM | Jury Trial Conducted | 9:00am- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 10:20am- Court reads 400.04.2 and recesses Jury. 10:50am- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 12:00pm- Court reads 400.04.2 and recess Jury. 1:40pm- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 2:55pm- Court reads 400.04.2 and recesses Jury. 3:15pm- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 3:35pm- Court reads 400.04.2 and recesses Jury for evening. | 5/23/23 8:52 AM |
5/18/23 9:00 AM | Jury Trial Conducted | 9:00am- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 10:25am- Court reads 400.04.2 and recesses Jury. 10:40am- Jury returns and Plaintiff resumes presentation of evidence in case in chief. 12:15pm- Court reads 400.04.2 and recesses Jury. 1:30pm- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 3:10pm- Court reads 400.04.2 and recesses Jury. 3:30pm- Jury returns, Plaintiff resumes presentation of evidence in case in chief. 4:50pm- State rests, Court reads 400.04.2 and recesses Jury. Defendant Motion for Acquittal at close of State?s evidence: Argument by counsel for either side ? Motion Denied. 5:10pm- Jury returns. Defendant begins presentation of evidence in case in chief. 5:40pm- Court reads 400.4.2 and recesses Jury. . Defendant attorney Shipley informs Court that defendant has decided to waive right to testify regarding her own behalf and exercise her right to remain silent. Court inquires of defendant directly, after which Court finds and believes that defendant’s waiver of her right to testify on her own behalf and her exercise of her right to remain silent in knowingly, intelligently and voluntarily made. | 5/23/23 9:06 AM |
5/19/23 10:37 AM | Jury Trial Conducted | 10:00am- Defendant by attorneys Shipley and Vernon, Plaintiff by APA's Sanders and Anderson. Defendant rests. No evidence in rebuttal. Defendant Motion for Acquittal at Close of All Evidence: Argument by counsel for either side. Motion Denied. Formal Instruction Conference: Instruction 1-26, No objection by Plaintiff to any Instruction. Defendant objection to all Instructions in general - overruled. Defendant specific objection to Instruction #5 - overruled. Neither Plaintiff nor Defendant requests any additional Instruction. 10:30am- Jury returns. Defendant rests in front of Jury. Plaintiff announces no evidence in rebuttal. Court reads Instruction 3-26. 11:25am- Closing Arguments begin 1:26pm- Closing Arguments end. Jury retires to deliberate upon their verdicts. Alternate juror #2 (T. Kievlan) discharged. 1:50pm- Jury Question 2:00pm- Jury Question 2:35pm- Jury Question 4:00pm- Verdicts: Count I: GUILTY Murder 2nd ; Count II: GUILTY Murder 2nd ; Count III: GUILTY Endangering the Welfare of a Child ; Count IV: GUILTY Endangering the Welfare of a Child ; Count V: GUILTY Endangering the Welfare of a Child ; Count VI: GUILTY Endangering the Welfare of a Child ; Count VII: GUILTY Domestic Assault 3rd ; Count VIII: NOT GUILTY Armed Criminal Action ; Count IX: GUILTY Property Damage 1st . Court reads 400.04.3 and recesses Jury. Oral motion by Plaintiff to revoke bond: argument by counsel for either side. Motion GRANTED in part : Bond increased to $1,000,000.00, cash or surety. Defendant to be taken into custody immediately in lieu of posting said bond. | 5/23/23 9:21 AM |
5/19/23 4:18 PM | Jury Verdict - Guilty | Count I: GUILTY Murder 2nd ; Count II: GUILTY Murder 2nd ; Count III: GUILTY Endangering the Welfare of a Child ; Count IV: GUILTY Endangering the Welfare of a Child ; Count V: GUILTY Endangering the Welfare of a Child ; Count VI: GUILTY Endangering the Welfare of a Child ; Count VII: GUILTY Domestic Assault 3rd ; Count VIII: NOT GUILTY Armed Criminal Action ; Count IX: GUILTY Property Damage 1st . | 5/23/23 9:21 AM |
5/22/23 9:00 AM | Jury Trial Conducted | 2nd Phase - Sentencing 1:45pm- Verdicts: Count I: 22 years. Count II: 22 years. Count III: 7 years. Count IV: 7 years. Count V: 1 and one half years. Count VI: 1 and one half years. Count VII: 6 months. Count IX: 3 months. Jury discharged. MFNT due no later than 6-16-23. SAR ORDERED. Hearing set for 8-03-23 at 3:00pm. If MFNT denied, Court will immediately proceed to Sentencing. Oral motion for Bond Modification by Plaintiff- GRANTED. Bond now set at $5,000,000.00, cash or surety. | 5/23/23 9:56 AM |
5/22/23 2:16 PM | Sent Assessment Report Ordered | Sentencing set for 8-03-23 at 3:00pm | 5/23/23 9:59 AM |
5/23/23 10:03 AM | Sentencing Hearing Scheduled | None entered at this time | 5/23/23 10:04 AM |
5/22/23 2:00 PM | Motion for Acquittal | None entered at this time | 5/23/23 10:28 AM |
5/22/23 9:02 AM | Exhibit Filed | State's Witness List & exhibits | 5/23/23 10:31 AM |
5/19/23 1:50 PM | Questions to Judge from Jury | None entered at this time | 5/23/23 10:33 AM |
5/19/23 10:00 AM | Jury Instructions Filed | None entered at this time | 5/23/23 10:35 AM |