‘We’re letting it all hang out’
Matthews said she understands what Keast is trying to put on the record. But she said the point of admitting all the evidence is that the two sides are “letting it all hang out.”
“We’re letting it all hang out,” Smith agreed. “I don’t want any redactions because I think it -- Mr. Keast has made it look like we put redactions in there, we’re hiding stuff.”
“I don’t know why we’re talking about this,” Matthews said. “The whole record came in. It is in evidence. It is fair game, OK?”
Keast points to Jennifer Crumbley’s testimony
Matthews asked when this issue with the Facebook messages is going to come up. Keast said it would be when Jennifer Crumbley takes the stand.
He reiterated he wanted to highlight the pattern of Smith admitting evidence that was previously ruled inadmissible for the trial.
Facebook messages
Keast pointed to the Facebook messages between Jennifer Crumbley and her husband as one of the pieces of
evidence Smith admitted mid-trial as part of that alleged strategy.
He said there are “a number of issues” to explore within those messages and asked for time to go through them adjust the prosecution’s argument accordingly.
“I just want to make sure the people are given the opportunity to review all of those 2,000 pages of messages appropriately before that cross examination begins,” Keast said, speaking of Jennifer Crumbley taking the stand.'
Smith argued that the prosecution moved to admit the entire thread of messages in front of the jury, so she had to agree to avoid making it look like Jennifer Crumbley had something to hide.
“Since that time, I’ve read the whole thing and I’m ready to go with it,” Smith said of the messages. “What he’s saying is he’s not ready to go with it even though he moved to admit it and even though it was days ago that he moved to admit it.”
Keast said he moved for a redacted copy to be admitted. Smith said she replied to them the very next day and said she had no redactions.
Keast outlines issue with defense strategy
Before they could leave for lunch Keast spoke up that he wanted to put on the record the prosecution’s issue with Smith and the overall defense strategy.
Specifically, he criticized what he suggested was a trend of bringing up inadmissible evidence in the middle of the trial and having it admitted without alerting the prosecution.
“The issue that the people have is that it appears counsel is trying to usurp the court’s order, without notice to the people,” Keast said. “The journal appears to be a pattern of strategy, which is without notice, mid-witness shifting from what the court has already ordered to what counsel chooses to be convenient.
“If that’s trial strategy, then that’s trial strategy, but we have the court’s order, not the defendant’s order, and I don’t believe it is appropriate for any party to usurp the court’s order. I also don’t think it’s appropriate that the people will have to respond off the cuff.
“I want to make sure that our witnesses are prepared. I want to make sure the materials necessary for cross examination are prepared, as well.”
Jury’s lunch arrived during break
The trial for Jennifer Crumbley, the mother of the Oxford High School shooter who killed four people, completed its sixth day Thursday, and we had live updates from the proceedings.
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