This is kind of a long snippet but lays out what information the DA was after 18 months post murder, and the response from JR's attorney of whether it was already given, or was never asked for. With the politics between the DA/BPD/attorneys, alas, if only a Grand Jury had been convened early on.
22 LOU SMIT: Before we take a
23 break, Mike, what I would like to do and then we
24 will get back in, there is an area here, in
25 order to determine, a lot of things are going to
0601
1 have to be determined. Let's say you wrote out
2 a check for duct tape. People want to know if
3 you did or didn't. We are going to need a lot
4 of records from you, do you have any objection
5 to signing waivers for records? I mean,
6 yourself.
7 Now I will tell you just some of
8 the records we are going to need okay, and I
9 made kind a list of them and they are just
10 general, we don't have specifics. But we are
11 going to need, for instance, we are going to
12 need your bank records, if we can get them. We
13 are going to need credit card records, to see if
14 you charged anything on credit cards.
15 We are going to need movie rental
16 records, just to see if you rented "Speed" and
17 "Dirty Harry" or any of those movies. We are
18 going to need --
19 JOHN RAMSEY: You don't have any of
20 that, those kind of records now?
21 LOU SMIT: Certain records
22 require permission to do that or we need a
23 subpoena for certain records, so we can
24 either have it where it's given
25 voluntarily or sometimes I have to go
0602
1 through a subpoena, and that's one of the
2 Grand Jury things that would need to be
3 done. But again we are asking here for
4 these things and it's up to you whether
5 you want to --
6 JOHN RAMSEY: Absolutely no
7 problem with that.
8 LOU SMIT: We are going to
9 need any records on telephone or cell
10 phone records, okay, all of the phone
11 records that you got. We may need to have
12 some Access Graphic business records that
13 show stuff that you may have purchased
14 through Access Graphics. We are going to
15 need your home phone records. We have got
16 some of these already.
17 We are going to maybe need
18 like I say some company financial records.
19 We are going to need medical records, both
20 from you and from Patsy, if we can get
21 that, to show any type of pathology that
22 you may have in regards to this. In other
23 words, if somebody out there says hey,
24 they went off the deep end about four or
25 five years ago, nobody knows about this,
0603
1 we have to find that out. And that's for
2 you and for Patsy. I hope you understand
3 this. It's not --
4 JOHN RAMSEY: Just I say
5 I am surprised you don't have all that.
6 MIKE KANE: See, these have to be
7 realized a lot of times, personal things, I just
8 want to know how you feel about it?
9 JOHN RAMSEY: It's not an
10 issue.
11 BRYAN MORGAN: I am going to say I
12 have had a discussion with Peter Hofstrom this
13 morning about this long list and told him
14 subject to conversation with my client I believe
15 that the likelihood is very strong that we will
16 produce all of that. We are not in a position
17 to say if you do this, we will do that. And we
18 want to get this thing moving.
19 On the other hand, you said at the
20 beginning of all this the time will come when we
21 can ask some questions and I have got some
22 questions, and I really think finally finally
23 when you're finished we are entitled to know and
24 I want this to proceed in good faith basis on
25 each side and I told Peter and I will tell John
0604
1 and I will say it for everyone, I have a real
2 problem with certain kinds of medical records.
3 These people are entitled to a
4 privacy to try to recover from what they have
5 been through, and that's a very serious issue
6 for me, so we are going to discuss that and make
7 a reasoned decision on it. I think you will
8 find that every time anybody has asked us for
9 anything in your office you have gotten it. I
10 think you will get virtually everything you have
11 described with the possible exception of
12 personal medical records that I think John and
13 Patsy are at least entitled to make a reasoned
14 decision on, Detective Smit, with respect to
15 privacy about things they need to continue this
16 healing process.
17 Other than that, I don't think it's
18 going to be an issue, but I have already
19 discussed these matters with Hofstrom and he
20 knows how we operate, and there won't be a delay
21 on this either, we will move on it, we will give
22 you an answer.
23 LOU SMIT: This is what has taken
24 so much time in this whole thing. By the time
25 we go through lawyers one way, through the
0605
1 lawyers on the other side, even the police
2 department has run into this because they have
3 tried to get records and it goes through this
4 process and you say hey, wait a minute, we can't
5 do these things and then the process is delayed.
6 I am had not saying that's not the
7 way it it's supposed to be. It's just that it
8 gives the impression that people are holding
9 back.
10 JOHN RAMSEY: From my
11 perspective, I have never ever told these guys
12 not to provide whatever is asked for.
13 BRYAN MORGAN: As the record now
14 stands your office has never asked us for
15 anything that we have not given. I am pretty
16 clear on that.
17 LOU SMIT: And I have no doubt
18 about that.
19 BRYAN MORGAN: I know you have got
20 some phone records, I know we pulled all those
21 together. I don't think this is going to be a
22 problem. But we are going to take some time to
23 think about some islands of privacy that I think
24 you're entitled to have to continue your healing
25 process, and I am very serious about that. So
0606
1 we will answer that in my view before the week's
2 out.
3 LOU SMIT: Let's take a break.
4 It's about time to change the camera.
5 (Recess taken).
