I'm frustrated and disheartened. I had to walk away and really think hard about whether or not I want to follow this trial any more.
I have nothing helpful and true to add to the conversations here, so I transcribed Juan Martinez' words from the AZCentral.com raw video of today's hearing. I liked what he said and I hated everything else.
Juan Martinez
...considerations that the court has to look at in making its decision on whether or not we should proceed on Wednesday, as you indicated, at 10:00. The first one is under Rule 19 in the Arizona Rules of Criminal Procedure. That sets out the rules that gives you, the judge, the discretion to order the defendant to go forward. I believe that you should exercise that discretion. We actually even advised the jury of the order of the proceedings that is contained or set out in the Arizona Rules of Criminal Procedure.
The thing that should not be lost in this argument of whether or not we should proceed in this sort of “star chamber” approach to things is the victims’ rights. The victims also have a constitutional right to continue. One of the things that I indicated to the Court of Appeals yesterday was that, when they were talking about the Stay, I opposed the Stay should proceed. The reason that I cited was that the victims have a right to continue with these proceedings. Somehow their constitutional rights have not been addressed by defense counsel’s request.
The other thing that we must consider is that we have a jury that has been impaneled—a jury that has been told that they are to serve until the 18th of December.
These are all factors that must be considered by you in deciding whether or not we should take the defendant’s position that we are not going to go forward just because they received a ruling that they did not like. And whether they like it or not—and they’re saying it’s not a ruling on the merits—it’s still an order of a higher court that says, “It is ordered staying the enforcement of the Superior Court’s ruling of October 30th which closed the courtroom to the public.”
It did not stay these particular proceedings, and what they are asking you to do is stay these proceedings. They didn’t ask you in so many words, but that is what they’re asking you to do.
I am requesting that you not follow their request and that you not stay the rest of the proceedings in this case. The rules are there for everybody to follow and it appears that in this particular case, because of a ruling they did not like, they are holding this process hostage. They are saying, “Just because we received a ruling that we did not like, we are now going to try to sabotage the process until some time later on down the road.”
We know there are witnesses who could be called. There was also that witness who was on the witness stand who can be called on Wednesday.
There is no reason why we cannot proceed and I ask that you look at and consider Rule 19, victims’ rights, and the fact that the jury is already impaneled and have been told that we are going to be here until December 18th. In light of those things, and in light of the ruling that only talks to the issue of whether or not we are going to close the proceedings, I ask that we proceed—as you indicated—tomorrow, Wednesday, at 10:00.
Thank you.
