@JozsefPapp_
Judge Paige Reese Whitaker is back on the bench in the
#YSLTrial.She asks the DA office and defense attorneys for Deamonte Kendrick and Shannon Stillwell about instructions to give to the jury about the defendants no longer on the case.
Whitaker said the motion for mistrial filed by Attorney Nicole Westmoreland on behalf of Mr. Nichols is now moot but she asked Attorneys Weinstein and Schardt if their clients are interested in a mistrial without prejudice and they both said “no”
Attorneys are arguing about the state attempting to recall Detective Thorpe to testify about a statement by Shannon Stillwell made allegedly relating to the Donovan Thomas murder.
Whitaker called what happened with Detective Dennis being barred from testifying as a "debacle" after Chief Deputy DA Abbate tried to argue for Thorpe to be able to testify. Whitaker said they need to check if Thorpe was scheduled to be recalled on the state's witness list.
Attorney Max Schardt asked Whitaker if she plans to ask jurors if they can follow the instruction they are going to give them about the defendants off the case, but Whitaker said she will not.
Whitaker's proposal: "Members of the jury, you will notice that (some) of the defendants are no longer before you for reasons that do not concern you. The prosecution of those co-defendants is no longer a part of this trial.”
Whitaker's proposal cont.: "You must not speculate, make assumptions or draw any conclusions about the possible reasons for their absence and their absence from this trial must not, in any way, affect your judgement or influence your verdict as to the defendants in this case.”
Whitaker's proposal cont.: "You must base your deliberations and your verdict solely on the evidence presented and the individual determination of guilt and innocence must be made as to each defendant.”
They all agreed that Judge Whitaker's proposed instruction to the jury about four defendants no longer in the case is good to go.Attorney Weinstein clarified with the judge if the "Harvey Rule" is still in effect regarding motions and objections and they all agreed that it is.
Former co-defendant Wunnie Lee will be the state's first witness of the day. A five-minute break was called, which will allow the judge's staff to change the courtroom clock an hour after the time change yesterday.
The jury was brought out. Whitaker gave the jury the instruction and Wunnie Lee was brought out to continue his testimony.
Lee testified about a picture in which he is wearing a jacket and shorts that have the words "SLATT" and "Make America Slime Again".He testified that another co-defendant Miles Farley designed those clothes.
Just minutes after Lee began his testimony again, a bench conference was called and Whitaker sent the jury back to the jury room to address something outside their presence, including videos.
The video is the music video of Wunnie Lee’s song “Where you from?”Lee performs under the name Slimelife Shawty.
