The recess is over. The judge returns to the bench. "I understand the moment," Alessi tells the judge. He says the notebook contains a chronology of the facts related to this issue. He says this will address "many, many" of the judge's concerns.
"My hope is that the facts will speak for themselves," Alessi says. He says he will go through nine pages in a methodic manner. The judge asks which nine pages he is referring to.
Alessi refers to a March 20, 2024 email from Alan Jackson to ARCCA witness Daniel Wolfe. He says ARCCA has produced its report for the federal government during the prior month.
Alessi says the report included about 3,000 pages, that the defense received it just before Read's first trial began, that the defense was busy preparing for the trial. He says the ARCCA findings were "set in cement" and never changed.
Alessi says prosecutors also had access to this report but chose not to make contact with the ARCCA witnesses. (The witnesses found that John O'Keefe's injuries were not from being hit by a car and the damage to the car was not from hitting a person.)
Alessi said the federal government placed restrictions on contacting the ARCCA witnesses. "The defense had zero input into the report and therefore had zero input into the findings," says Alessi.
Alessi said the federal government placed restrictions on contacting the ARCCA witnesses. "The defense had zero input into the report and therefore had zero input into the findings," says Alessi.
Alessi is reading the email from Jackson to Wolfe asking for an engagement letter and how much they expected to be paid.
The judge asks if the federal government's rule restricting witness prep was in effect at the time this email was set. Alessi says he does not know.
Alessi says defense attorney David Yannetti was not aware of these initial emails between the defense and the ARCCA witnesses.
The second email was from Wolfe to Jackson a few days later. Wolfe wrote that he and the other ARCCA witness needed to pause their involvement while waiting for further instruction from the feds.
Alessi says at the start of the trial, the defense did not know if the ARCCA witnesses would be testifying. He says there was no agreement yet for them to testify.
Alessi is now referring to a trial transcript from June 11, 2024. That's when the judge ordered a hearing to hear from the ARCCA witnesses.
At the time, the judge asked if the defense had ever spoken with the defense. Yannetti replied they'd only spoken with them for scheduling and bio purposes. "That statement of Mr Yannetti is, as best as I can tell, 100% accurate," says Alessi.
The judge stands briefly to reach for a large book on the bench, then sits back down.
There was no compensation as of June 18th, Alessi says. "There was no favoritism," he says because prosecutors had the chance to ask whatever questions they wanted at the voir-dire hearing (without the jury) of the ARCCA witness.
Alessi suggests the prosecutors missed a chance to ask probing questions of the witnesses at the voir-dire hearing.
Alessi is referencing a June 24, 2024 email from Wolfe to Jackson. He again emphasizes that Yannetti was not cc'd on this email, says that's because each lawyer had different tasks during the trial.
In the 6/24/24 email, Wolfe outlines his expert qualifications and asks if Jackson any suggestions for changes. Alessi emphasizes that Wolfe prepared the outline, not Jackson. The judge says she's aware of that.
In this email, Wolfe says he has experience investigating night-time crashes but offers not to say that if Jackson prefers. Alessi says Jackson later did ask about that experience during the trial. Alessi says this shows they were not trying to hide anything.
Alessi compliments the judge for having "an exacting eye" in reviewing these documents.
Alessi says the outline prepared by Wolfe does not closely resemble actual questions Jackson posed during his testimony one day later. Alessi says he "likes to believe" he would have shared the outline with the prosecution but says he probably wouldn't have thought to do so.
Alessi is reading from Wolfe's trial testimony. Wolfe testified that AT THE TIME HE PREPARED HIS REPORT, he did not know the defense attorneys or anything about the case. Alessi says that was 100% true.
Alessi says when Wolfe testified, he had not been paid by the defense. Alessi speculates Wolfe was nervous about testifying. Judge says no more speculating. Alessi says the prosecutor speculated a lot at last week's hearing.
The courtroom camera is focused on Alessi. But I can see the judge. She is repeatedly adjusting herself in her chair. She looks back and forth between Alessi and the documents in front of her. She takes off her glasses then puts them back on. In general, she seems impatient.
The other defense attorneys are seated at the table in front of Alessi. Elizabeth Little is flipping through notebook pages. Alan Jackson is sitting with his hands in his lap.
Alessi is now discussing the invoice that ARCCA submitted to the defense after the trial. "We don't run from one line submitted in this invoice," says Alessi.
Alessi says there was no pre-trial agreement about compensation for the witness. "It wouldn't have been a surprise" if that was the case, but he says the invoice "came out of the blue.”
Alessi says he can't reveal attorney-client communications, but suggests that Read was also surprised by the invoice and the amount.
Alessi says the defense called the feds and asked if they could pay the bill. Says the feds told them they could. The judge asks if the payment was made. Alessi says yes, it was but can't immediately say when.
Alessi says a check was sent to ARCCA on July 25. "So there's no doubt the invoice was paid," Alessi says. But he says payment was not agreed upon ahead of time.
The judge orders a 15-minute recess while she reviews a document.
Hearing resumes. Alessi summarizes the documents he's discussed so far the says what he'll do next. The judge says you don't have to tell me what you're going to do, just do it. She seems exasperated.
Alessi is now discussing what special prosecutor Hank Brennan said at last week's hearing when he initially brought up these documents and issues. Alessi denies that the prosecution did not know about these experts ahead of time or have time to ask them questions.
Alessi says Brennan's "buildup" last week was built on a falsehood that the feds had provided the documents. (Brennan later clarified that they had come from the defense.)
Alessi says the defense had sent the ARCCA documents to the prosecution on Feb 12, six days before Brennan claimed not to have received anything about the witnesses.
"We had given full discovery. We had given it," Alessi says about the ARCCA documents shared with the prosecution.
As Alessi reads back Brennan's words, Brennan twirls a pen on the notebook in front of him. He occasionally picks up a pencil and makes notes.
"That's a misdirection," Alessi says of Brennan's initial comments that the ARCCA documents came from the federal government.
Alessi says Brennan misquoted the initial email then says Brennan's remarks might have been poorly transcribed by the court reporter.
Alessi says Brennan misrepresented the outline as having been prepared by the defense.
The judge says it's time for lunch. Alessi says he needs another 45 minutes to complete his argument. Recess until 2pm.
