Procedural
124 linesTHE COURT: Is this witness subject --
MS. BREDEHOFT: Sorry.
THE COURT: That's okay. Is this witness subject to recall?
MR. DENNISON: Oh, yes, through rebuttal.
THE COURT: Since you're subject to recall, Dr. Curry, please, do not discuss your testimony with anybody and, please, do not watch anything about this trial, okay?
DR. CURRY: Okay.
THE COURT: Ladies and gentlemen, we're going to go ahead and take our afternoon recess for 15 minutes. Do not do any outside research, and do not talk to anybody, okay?
THE COURT: All right. Let's go ahead and take our recess until 3:20. Your next witness is by deposition; is that correct? We'll get you all set up, then.
MS. BREDEHOFT: Your Honor, that's the one where we do have some exhibit, but we need to argue before that.
THE COURT: Okay. We'll come back at . Before the jury comes back out, we'll discuss your exhibits, okay? Thank you.
MS. BREDEHOFT: Thank you, Your Honor.
COURT BAILIFF: All rise. Please be
MR. MONIZ: Do you want to approach? Sure.
THE COURT: Okay. So, which exhibits? Do you want us to speak?
THE COURT: Are they agreed on?
MR. MONIZ: So there are just a couple of general disagreements that I think once you put rulings on, that will educate us on which way the Court's going.
THE COURT: There are a few LAPD documents like Okay.
MR. MONIZ: These are, basically, LAPD forms. So, we're not -- let me back up. Officer Saenz is the next deposition.
THE COURT: Right.
MR. MONIZ: She was one of the officers who came. These are, like, LAPD forms. This is not something that was provided to Ms. Heard. This is, like, more like the general LAPD procedures. Our view is that given that it wasn't -- no report was made based on this and it wasn't provided to her, it's not relevant. So we would suggest that documents like that don't come in. The other side disagrees. That's kind of the first.
THE COURT: Were these shown to her at some point?
MR. MONIZ: They were shown to her in the deposition. Those portions of the deposition testimony are coming in. We don't think the document, itself, is relevant, since it doesn't, , , pertain to anything that the officers actually did.
THE COURT: I mean, why would the document come in?
MS. BREDEHOFT: The document is because we're reading from it --
THE COURT: I mean, you can read from it. I understand that. But why does it actually come into evidence if it was never shown to her?
MS. BREDEHOFT: It was shown to her.
MR. MONIZ: It was never provided to Ms. Heard.
THE COURT: So, it was never shown to Ms. Heard?
MS. BREDEHOFT: Because it's their. policies and procedures.
MR. MONIZ: These are fact witnesses. These are fact witnesses. They're not testifying about general procedures.
THE COURT: I understand. You can, obviously, talk about it, I guess that's in the deposition already, but it's not going to come into evidence.
MS. BREDEHOFT: Okay.
MR. MONIZ: Okay. So that takes care of 758, 756. I guess that's taking care of 759. And does that take care of 757 or do we all agree on that?
THE COURT: A lot of paper flying here.
MR. MONIZ: Sorry.
THE COURT: That's okay.
MR. MONIZ: This one, we're fine on.
THE COURT: Which one is this one?
MR. MONIZ: The incident report.
THE COURT: 730?
THE COURT: So, no objection to 730.
MR. MONIZ: 730 can come into evidence, yes, as far as we're concerned, I think.
THE COURT: Plaintiff's 730 or ! Defendant's?
MR. MONIZ: Defendant's 730, You Honor.
THE COURT: I'm just getting this for Jamie.
MS. BREDEHOFT: The next few, I'm showing her these pictures and asking her whether she sees injuries, she sees property damage.
THE COURT: Okay.
MS. BREDEHOFT: They are not in yet because we haven't had our case. Of course, I would put this in, in our case, after Amber, since we put everything together. But it won't make any sense to the jury unless we can show it and say, do you see an injury?
THE COURT: Yep.
MS. BREDEHOFT: Do you see any damage?
THE COURT: Okay.
MS. BREDEHOFT: Do you consider it part of (indiscernible) and then there's more pictures. I mean, there are -- go ahead.
MR. MONIZ: I would just say, and this is another general point, Your Honor, that this is not -- the witness has no knowledge of these photographs. These are just photographs that are being flashed up.
THE COURT: Okay.
MR. MONIZ: I mean, they can probably get these in, I'm sure, you know, in their case, through Ms. Heard. I don't see that it's appropriate to get these in through a witness that has no knowledge of the photographs themselves.
THE COURT: Ms. Bredehoft, if the witness was here live, like testifying, and you showed her these pictures on the witness stand, and she was like, I did not see it, I don't O recognize these, would they come in at that point?
MS. BREDEHOFT: No, but she didn't say I didn't --
MR. MONIZ: She wasn't even asked that question.
MS. BREDEHOFT: No, she was asked, do you see any injuries? And, again, the thing to remember is that in the time frame she's there --
MR. MONIZ: And metadata is another issue.
THE COURT: I think they are going to y g g be coming in eventually, I just don't think -- what's the foundation here?
MS. BREDEHOFT: Could we put Ms. Heard on the stand outside the presence of the jury just to Jay the foundation?
MR. MONIZ: It doesn't lay any foundation for using it with this witness. I mean she can put it in for her case, but --
MR. ROTTENBORN: I think the problem is that given the --
THE COURT: The sequence of everything. I understand.
MR. ROTTENBORN: (Indiscernible) planning to (indiscernible) just one time. That makes it a little (indiscernible). We were breaking it up and we were putting this part in, in our case.
MS. BREDEHOFT: After we put --
MR. ROTTENBORN: So we can (indiscernible) the jury to be --
MR. MONIZ: That doesn't alter the fact that there's no foundation for using these I , photographs with this witness. I mean, she can't define as to the -- there is -- I apologize. I was going to say there is another
MR. MONIZ: Issue with the metadata. The metadata testimony has all been stricken out of the transcript. I mean, even if this photo were to come in, and I don't think it should, because, again, the witness hasn't seen this photograph -- or the witness has no knowledge of the photograph, she's just being shown a series of photographs that she can't testify to. But even if that came in, this should certainly be redacted, I think, because there's no foundation or authentication of the metadata and it was stricken out of the testimony.
THE COURT: You'd agree that, eventually, it's coming into evidence in this 7 case, correct?
MR. MONIZ: I would presume that it will eventually come in through Ms. Heard.
THE COURT: Redact or not redacted. I mean, it's going to be coming in.
MR. MONIZ: I would assume, at some point, it's coming in through Ms. Heard, but using it with this witness just seems inappropriate.
MS. BREDEHOFT: It's credibility. It's all credibility of showing her these pictures. No, I don't see an injury. No, I don't see it (indiscernible) carpeting. No, I don't see it. You know, that's what she's saying; no, I don't see it. No, I don't see the damage. It's credibility. Credibility is huge.
THE COURT: Well, I understand. And closing arguments, I'm sure you're going to put these pictures up and say the officer didn't see anything on these pictures.
MR. MONIZ: I mean, Ms. Heard can testify as to the photos. She has an expert who can opine as to whether or not it's an injury. I don't see why she's using it with--
MR. ROTTENBORN: To your point, Your Honor, that's exactly why the pictures need to come in now. Otherwise, the jury's not going to know what Officer Saenz is talking about. In closing, when the officer says she didn't see anything in these pictures, they're going to have no idea.
MS. BREDEHOFT: And they're not going to know which pictures.
MR. MONIZ: They don't need that from the officer. Ms. Heard can testify to the extent she is able to testify this picture was taken this date, this is what I looked like. That's the way to get the testimony in, not by asking an officer, in the abstract, do you see an injury on this photo that you've never seen before?
MR. ROTTENBORN: Which we would be able to do if we accept these after --
THE COURT: But this officer is their witness coming in, in this their case.
MS. BREDEHOFT: She's our witness too, so we would have designated the testimony. We have more designated testimony than they do.
MR. MONIZ: I mean, it doesn't matter who designated more testimony. It doesn't make it g y appropriate for this witness.
MR. MONIZ: I just don't see how you can raise that with this witness.
MS. BREDEHOFT: We didn't ask that question. We asked her if --
THE COURT: Right. But, I mean, it wouldn't have come into evidence with this witness in your case, it would already have been in evidence with your client, is what they're saying.
MS. BREDEHOFT: Then we would put it in front of us --
THE COURT: I understand. But I have to sustain your objection at this time.
THE COURT: But, again, at closing, or whenever, you can bring it up. I can't do it at this time.
MR. MONIZ: Thank you, Your Honor.
THE COURT: All right.
MS. BREDEHOFT: So the incident we talked about comes in before?
MR. MONIZ: I think that's the only exhibit.
THE COURT: 730.
MR. MONIZ: 730, Defendant's Exhibit 730.
MS. BREDEHOFT: Are we able to put that I 8 on the screen?
MR. MONIZ: We can do that for you. If O I miss it, because I'm working over here --
THE COURT: Are there redactions that need to be done on it?
MR. MONIZ: I think -- well, can you I make sure we have that copy, actually, because I'm a little concerned --
MS. BREDEHOFT: I actually gave you 1117 that copy. I gave that, this morning, to you.
MR. MONIZ: Did you give that electronically? Because I don't want to be publishing something with inappropriate -- with something unredacted that should be.
MS. BREDEHOFT: I'm almost certain. But I am pretty sure we can get --
MR. MONIZ: Is it important to play this -- and I'll defer to you on this, obviously? Is it important to play this -- understanding it's is coming into evidence, does it need to come into evidence during the deposition?
MS. BREDEHOFT: I think it would be helpful because we're talking about an incident.
THE COURT: We'll have to stop the deposition since it's not split. n 11
MR. MONIZ: Understood. Can you -- on the off-chance that I miss it, can you just make sure to --
MS. BREDEHOFT: I'll tell you what. I'll tell you where it is. So, it is 247-52.
MS. BREDEHOFT: At all.
MR. MONIZ: 247-52. I don't have that
THE COURT: Okay. All right. I'm out.
MS. BREDEHOFT: Thank you, Your Honor.
THE COURT: All right. Are we ready for the jury?
THE COURT: All right. Thank you.