Nurmi has just decribed what JM said as 'bluster'. 'When this court allows prosecutors to personally attack witnesses and counsel...and that is what you have allowed...'
Nurmi still says poor widdle Jodi's life (or account of it) will be incomplete without Womack's testimony...'that right has been ripped away from er'.
Judge. Defense has failed to make its point....says they can call any witness they want at this stage of proceedings..court can only specualate as to why Womack isn't here..;similarly WTTEO why have no other witnesses been called at this phase.
Motion denied.
Nurmi. New Motion. We (me and Wilmott) want to withdraw!!!!
JM talked to Womack on 2 occassions . . . .
he asked about her drug use - she refused to answer
at one point when she talked about pictures of herself and JA - she asked to leave the room - she left with Wilmot andNurmi - not her Atty's . . . do not represent her. . . .5th amendment rights asserted on behalf of JA's Atty or herself. . . .
she didn't report income (from photographs) . . . she has some sort of substance abuse problem and this would present issues for her @ trial.
she came to court - court appointed Kenneth Countryman who said he cannot make a recommendation until Monday . . .. . she would have asserted her 5th amendment right.
easy to say because facts indicate if she were to have been to called to testify
5/15/2013 - prosecutor's version of events - first question re: drug use - then she invoked her 5th amendment rights - based upon Wilmot and Nurmi . . i do not see her or Mr. Countryman - it is assumed she will invoke her 5th amendment rights.
#663, #664 and #665 under seal
Nurmi - truth doesn't associate with what they are saying - she was appointed counsel - we did not advise her . . .JM is trying to divert you from reality - disparage her with drug use - when this court allows prosecutor to bring up . . . that breeds . . . intimidation
she would have invoked 5th anyway -
picture will still be incomplete - he can cast blame - not allowed to endorse that - court @ sentencing her right to present @ mitigation
court finds defense fails to establish sentencing phase cannot go forward - proceedings outside of the courtroom - sealed matters
this court has indicated to defense counsel - any witness they wish to call in sentencing phase can be called into closed court proceeding - to remedy any issues defense
court can only speculate why witness and Atty not here - move forward
Nurmi asked he and Wilmot to be released from the case - they cannot provide the picture . . . Ms. Womack is not here feels threatened.
move to motion to withdraw.
motion is denied
we will not be calling witnesses in this phase given courts ruling
I assume your client does wish to allocute?
may we approach?
you may!
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