MALCOLM WRIGHT CLOSING ARGUMENTS (05/01/1997)
CLOSING ARGUMENTS BEGAN TODAY IN THE TRIAL OF MALCOLM WRIGHT, A FORMER MARINE ACCUSED OF COMMITTING A BRUTAL, RACIALLY MOTIVATED MURDERWITH ANOTHER FORMER MARINE, JAMES BURMEISTER.
EVENT CAPSULE CLEAN - Jony And Marc's (RED) Auction
EVENT CAPSULE CLEAN - Jony And Marc's (RED) Auction on November 23, 2013 at Sotheby's in New York City. (Footage by WireImage Video/Getty Images)
CAMPAIGN 2012 / ROMNEY ROUNDTABLE BETHEL PARK PA 041712
In Interplay as: RS 5226 CAMPAIGN 2012 ROMNEY BETHEL PARK PA 041712 FTG OF REPUBLICAN PRESIDENTIAL CANDIDATE MITT ROMNEY AT A ROUNDTABLE AT BETHEL PARK COMMUNITY CENTER IN BETHEL PARK, PA 041712 Interesting setup of outdoor event. Staging is made a little awkward by Mitt. Very small and intimate. Romney sits at the head of a picnic table with a small group of some everyday folks on either side. Much time was spent listening to supporters discussing families, work. NOTE: Romney's quotes are verbatim. Others' are not. Personal back and forth not logged. 12:31:04 Romney appears, sits down at picnic table, is told where to sit, etc. **12:31:37 Romney: "I'm not sure about these cookies. They don't look like you made them. No, no. They came from the local 7-11, bakery, or whatever.** Well, thanks for coming together. Is it this afternoon? This afternoon. I just wanted on this Tax Day, actually, to start by reminding you to file your taxes or your extension, one or the other, and note that there are some differences in the campaign coming forward, which is the President, our current president, is intent on raising tax rates, particularly for small business. Most small businesses are taxed at the individual tax rate, meaning they don't pay corporate tax. They pay individual tax rates, and so when he wants to raise the tax rate from 35% to 40%, that will impact a lot of small businesses and probably lead to some businesses having to lay people off. There's another tax that he has proposed and that is now in law, which is the Obamacare tax, which is applied to companies that make medical devices and instruments and so forth, and that tax is about 2.3% of your sales, not of your profit, but of your sales, and so that's gonna have a big impact on employers that are in the medical field, as you are, and then of course, the VP the other day proposed another tax, which he said is a global tax on business. Not quite sure what that is, but that will surely cost jobs as well, and the President, of course, has been campaigning for something known as the Buffet Rule and the Buffet tax, and I understand that was defeated in the Senate yesterday, so that's probably not gonna happen, but not a tax that had much of an impact. As a matter of fact, someone calculated that that tax would raise enough revenue to pay for government for eleven hours, so it was more of a gimmick than it was a real proposal to reform our tax system and make life a little easier." ****12:33:45 "My own plan is to lower the tax rates, but also limit some of the deductions and exemptions and breaks, particularly for high-income folks so that we can continue to get the revenue we've been getting. When I say we I'm talking about the government, but we can do so in a tax structure that's simpler and with rates that are a little lower so that businesses can afford to hire and expand and so that people a have a little easier time making ends meet. I'd like to particularly reduce the burden on middle-income taxpayers. Right now for middle-income taxpayers if you want to save your money tax-free, you typically have to put it into a 401k or a feature of that nature, IRA, Roth IA, and so it's kind f complicated as to the rules which you can put in and what you can take out, when you can take it out, how it's taxed when you take it out. I'd like to just change that and say for anyone making, let's say, 250 thousand or 200 thousand dollars a year or less, which is 98-99% of Americans, you save y our money tax-free. No tax interest or dividends or capital gains. You just save your money and you don't have to pay taxes on that, which would make filing taxes a lot easier and also allow people to save money and save for the things they care about, whether it's school for kids or for a car or for retirement or whatever someone might wish. So my view is that the right course for America is to keep our tax burdens down to encourage small businesses to grow and hire and to make it easier for middle-income families, but the President's orientation is to raise taxes and I happen to think that will slow economic growth which is already slow and make it more difficult for us to create the jobs that people need.**** With that introduction I want to just go around the. You. I hate to separate you like this. (laughter) You guys ok? Is there any reason why you're separated by. ("Perfectly fine") You're fine. Alright. So what I'd like to do is just have you introduce yourselves again, and then tell me a bit about your life, your kids, if you will, your work, if you're working right now, what the prospects are for your work, whether things are going well, whether you're confident in the future, whether you're concerned about the future, and if you have any advice for me, I'd love to hear it. I mean, there's. I'm. As you probably know, I'm running for president, (laughter) and there's no sure thing in politics. I would like to win, but I recognize it's gonna be a real battle, and hope that I'm the person that becomes the nominee, and that I'm able to lead the country, and if that does happen, I would value your advice, so that's part of this to. So let me. who starts first here? Which one of you?..." 2:36:39 Elaine: Drove a school bus until injured. On worker's compensation. ****12:37:40 Romney: "Time, you're working at a warehouse operation? How long you been there?" Time: "Ten years." Romney: "And are there prospects. I guess you don't wanna talk about the prospects of the business in a negative way." Tim: "No, it's great. ("it's doing pretty well? It's going well?") It's good. It's good, yeah. I work for (inaudible), which is the local grocery store. Romney: "Oh, I see." Tim: "SO they're expanding. I mean, it goes down into MD, over into OH. So they're doing good. You know, we're hiring right now." Romney: "Is that right?" Tim: "Yeah, we're bringing in, you know, a few guys every few weeks, so we are bring more people on." Romney: "And tax-wise are you paying taxes this year? Are you getting money back?" Tim: "We got money back." Romney: "You're getting money back." Time: "Yeah." Romney: "Although you paid a lot in. You're getting some of what you paid in back, right?" Tim: "We have our two deductibles over there."**** 12:38:31 Romney: "Any advice, any counsel as you look at the country, you think about what's happening in the country" Tim: Well, what's really hurting right now is we gotta get our energy crisis under control. Stopping drilling doesn't do it. President says he wants to be independent, but making us dependent. ****12:39:01 Romney: "It's interesting, isn't it? What the President says and what he does are sometimes in conflict, so he said the other day that he's for all of the above when it comes to energy, which is shorthand for saying he wants oil, gas, coal, nuclear, wind, solar, and yet, as you point out, he makes it harder and harder to take advantage of the resources that are actually below the ground. I've joked that he says he's for all the above, he means things above ground, but when it comes to coal, oil, and gas, which are below ground, he doesn't seem to have much interest,**** and he's made it harder through trying to push the EPA into regulating fracking for natural gas and oil, making it harder to get a reliable supply of gas, made it harder for those that mine coal and for those that use coal, made it harder to drill for oil, and I actually think that taking advantage of our energy resources above ground and below ground not only will create more jobs and keep more money in the US, as opposed to sending it to other countries, but it will allow us to have more confidence that energy prices won't be as driven by what's happening from the oil cartel and that we'll have a larger share of the purchases of energy right here from our own country." 12:40:20 Jason: Hypocrisy about needing energy but regulating too much. Shut down windmill after dead bat found. 12:41:03 Romney: "Yeah, I'm afraid that there are. There are voices that are calling to the administration that are major spokespeople in the President's party that are.. I'll call them more extreme environmentalists. That really don't like energy a lot in some cases, and have a hard time coming up with a source of energy they like, and the idea that we're somehow we're gonna be all solar. We all like solar energy, except that's not gonna meet our energy needs. It would mean that we'd have higher and higher priced energy compared to the nations around the world we compete with, and that would kill jobs as employers that use a lot of energy in their manufacturing processes would go elsewhere to get reasonably prices energy, and you're right.*** PA has. Well, it has three major sources. I mean, it has natural gas with the Marcellus shale, it has oil, and you got coal. You got a lot of coal. There are a lot of jobs associated with that, and the idea of trying to prevent those sources from being fully developed is, in my opinion, an enormous mistake this administration is making. I'd like to have them actually lay out what their energy policy is, because all I can tell is they don't like any sources of energy that are carbon-based and that we have in abundance, so I appreciate."*** 12:42:57 Jason: Medicare reimbursements. Solvency of Medicare system. National debt. Partisan bickering. 12:45:28 Romney: "Yeah, yeah, well, you know I'm in this in part for the reasons you described. ***First of all, I'm very concerned about our healthcare system. I think the orientation of this administration towards trying to have the federal government control reimbursement, control reimbursements, control ultimately which procedures people can receive, I think he's trying from a top-down approach, trying to hold down the cost of healthcare by saying no to certain procedures, setting the reimbursement rates, telling you what kind of insurance you can have and can't have. In my opinion that's an approach that has never worked in this country. I can't imagine it working elsewhere. The right course for us is to get healthcare to act more like a consumer market where people are able to compare different providers, compare different prices, make their own choices, and have competition among various practices and providers, and that's the course, in my view, that will get healthcare to have high quality and lower cost, but the way that Obamacare is leading us, in my opinion, is an enormous mistake. I would look to repeal Obamacare, to stop it in its tracks on day one, and to move to a setting that is far more market-driven, consumer-driven than government-driven."*** 12:46:47 "Medicare. I've laid out a plan to make Medicare a permanent part of our future that our kids and grandkids can rely upon Medicare and Social Security. The President's been in office three and a half years. No plan, no proposal. Can you imagine on something as big as Medicare having nothing to say other than having cut it 500 billion dollars to pay for Obamacare? That's his sole contribution to Medicare. So I concur with you on that, but of course the overarching issue you describe, which is the debt that hang over your daughter and your sons and daughters and maybe some other kids here in a moment. That's troubling and frightening for a lot of people, and it should be. I think it's. I think it's bad economics to continue to spend more than we take in. I also think it's immoral for us to pass on to the next generation our debt. It's just not fair. We talk a lot about fairness in our society, but I think it's unfair for us to spend money every year knowing we will never pay it back and that the interest and the principle is gonna be paid by our kids. I think it's unfair. I think we gotta finally come to grips with the excessive scale of government and reign it in, so I intend to get that job done. Thank you." 12:48:18 Amanda: Concerns about seniors. ****12:50:02 Romney: "I share the concern. We gotta make sure that the safety net of Social Security and Medicare, and those are. We call them a safety net, but they're also retirement plans. They're programs that people worked for, saved for, put money in. It's a, you know, support that people paid for, that it's there, that they're confident that those programs will be there, that those programs will deliver as promised, but also, and you don't think about this, but at some point you guys are gonna get as old as I am and you're gonna think about retiring, and you wanna make sure that the deal is there for you, too, because you're. 15.3% is taken out of your paycheck every week or every two weeks as well, so you wanna make sure that's gonna be there for you, and I just think that the President owes to the American people an explanation of how those programs will be there and the promises will be kept."**** Jason: And if the promises can't be kept, I think it's really important for younger people to be told there are gonna be adjustments. Look us in the eye and tell us if it has to change. 12:51:54 Romney: "Yeah, well, I've laid out what I would do on both Social Security and Medicare. Keep them around, but to make sure they don't break the back of the next generations, and if someone has a better idea, let's hear it, but the idea of just kicking the can down the road and saying this isn't an issue, I just can't go along with that." 12:52:18 Paula: Talks about family and her job. 12:53:15 Joe: Contractor struggling with fuel costs. (Back and forth about couple's son and daughter) 12:54:55 Kelly: Family. Cuts in education are scary. ****12:58:27 Jason: "Most of the fat's been trimmed from those budgets. A lot of those costs are fixed that the districts have to pay to pay those teachers enough to earn a decent wage and pay their benefits, and unfortunately now beyond the fat you're getting the arts programs that are starting to be cut, things of that nature. ("Mmhmm.") And I think those are situations, again, where everybody's gonna have to have a seat at the table. There are gonna be painful choices all around, but Amanda and I both got public school educations that were top-notch, and we would our kids to have the same thing. None of us like top pay more taxes, but sometimes that's necessary. ("Mmhmm.") (Amanda: "It's a necessary evil.") Right. Right. Part of the problem was, going years back, when the stimulus money came out that was integrated into the budget, and when it was gone it was considered a shortfall."**** 12:59:12 Amanda: "And that's one of the questions.. I said, we had stimulus money from last year. That money's not there this year, so now we have this deficit." Todd: "They pulled from the budget a little bit last year to make things. Ends meet, but this year who knows?" 13:00:22 Romney: "You have to understand that we, in the last three years, we've seen a reduction from just over 600 thousand new businesses being started a year to just over 500 thousand started per year, so a reduction of over a hundred thousand new businesses a year. Now, had we not seen that drop off we would see two million more jobs, approximately, from those additional start up businesses. People are not starting new enterprises, and you try to ask why, and a lot of folks, they're afraid. They. You know, they look out, they can't tell exactly what's gonna happen. They're not sure about the conditions in the marketplace. They see tax concerns, energy concerns, regulatory concerns, and they're holding back, and we need small businesses. We need people opening up the doors. Some of those small businesses, they call them bizelles. They take. Not to start. But they just keep growing faster and faster and hire more and more people. We're missing some of those. A lot of that has gone overseas. We made America less attractive for entrepreneurs. You know, Joe, you're an entrepreneur. It's harder to. The paperwork. In some cases the regulations associated with a particular business makes it harder for businesses to start, and we're not getting the benefit with hired jobs. My priority, by the way, with this effort is to get more job-growth in this country, to have more small businesses and big businesses grow and want to hire people, and then when they want to hire people and there's more demand for people than there are people willing to work, then wages go up again, and you help people in the middle-class get higher incomes. We've seen over the last three and a half years, but even beyond that. We've seen incomes in America really struggle. The median income in America has dropped by 10% in the last four years, so this is affecting the American middle-class in a major way, and so what can you do to help raise the income of middle-income Americans? And the best thing you can do is to have such demand for good jobs that people are competing to hire folks and therefore they have to pay better benefits or higher wages in order to hire someone, and that drives the wages up and gives people a greater degree of prosperity, but we're going the wrong direction, and these last few years have not been good years from that standpoint. I'm glad each of you has the work that you were looking for. I'm sorry that you haven't been well, but hopefully you'll be able to get back into the workforce as you get better. We've got an occupational therapist sitting next to you. (laughter) Buts he only deals with chronic kind of settings., so maybe that might not be the right match, but nonetheless I'm pleased that you're each able to get some work. I'm concerned about your schools. I think this election will come down to jobs and kids. Who has the capacity to create good jobs for Americans so we can see rising wages and people back to work, and that, by the way, means more tax revenue so people can pay for schools and people can pay for the needs that we have, but that also who can promise for our kids that they can get a good education, they have good healthcare, they'll have Medicare and Medicaid when it comes along, but they won't have trillions and trillions of dollars of debt at the federal level to pay off, and I'm concerned about the debt at the level of the student coming out of college. I mean. Former leader Dick Armey the other day said, you know, it used to be the American dream to own your own home. Now the American dream is to get your kids out of your own home. You know, they come out of college with a lot of debt, can't find a job, can't afford to get an apartment because of all the debt they got and lack of jobs, and so they got to move back in with Mom and Dad, and I don't think Mom and Dad actually mind having the family back together, but people wanna start their life, and get married, and get an apartment or get a home. That's home the economy works. It puts contractors back to work, you know, it all works as a system, and the system is not working right now, and so I.. I mean, other thoughts? I appreciate your spending some time with me and giving me your ideas." ****13:04:52 Amanda: Child tax credit. Lost daughter because she's 18. Set to expire. Will that revert back? Would you extend that child tax credit? 13:05:20 Romney: "I would actually like to reshape the entire tax system, alright, and to simplify the system as opposed to all these little baby steps. I'd like to bring rates down across the board by 20% and then limit deductions and exemptions and particularly for those at the higher income level, because I'm not looking to find a reduction in the burden paid by the top income earners. I want the top income earners to continue to pay the share they're paying now, but I do wanna help middle-income families to make it easier to make ends meet, so I hope I can get the rates down in such a way that you'll find the tax burden less. ("Easier to file taxes, too.") A lot easier. By the way, if you don't have to pay any money, any taxes on your interest or dividends or capital gains, that simplifies all the records of when you bought this mutual fund and did you sell this. I just wanna make it a heck of a lot easier."**** 13:06:17 Amanda: It's silly to be taxed on money that you have worked and put away. Romney: "Yeah, you pay it again and again. Yeah. Well, you know, government finds a way to take more and more. (laughter) You probably know this because my life has become more of an open book. I hadn't imagined years ago, but I spent 25 years of my life in business, and I started what was a small business, which has grown very successfully over the years, but I've only spent four years in government, got the chance to serve as governor of my state, and had a great experience there, but I'm really concerned about the country, and I believe it's helpful to have someone that's spent their life in the real economy, in the private sector, who's seen jobs come and go, had successes and failures, learned from both, and so I'd like to go to Washington and help. The reason. The reason I'm in this is I'm really concerned about the people who can't find good work and are having a hard time making ends meet, and I'[m concerned about our kids. I'm really concerned about what are kids are gonna face. I mean, my parents and your parents and your grandparents were in the greatest generation, left us with a nation that was prosperous, creating jobs, free, strongest nation in the world, and what are we gonna leave our kids? Trillions of dollars of debt? An economy that's not creating the jobs that they need? Student loans that are larger than their pay would suggest they should be. carry? This is a real question as to what our legacy will be and what kind of a nation we're gonna leave. The founders of this nation sacrificed enormously to give us a free land and a prosperous land, and to us goes a responsibility to pass this great land along to the next generations, and I'm afraid that we're gonna have to change course to make that happen, so I. You got a question. Please." 13:08:20 Jason: Grew up in a family of what you would call blue-dog Democrats. Important that differences compared and contrasted with Obama. Budget's a mess. To gather those types of voters tax reform very important. 13:09:44 Romney: "Yeah, the challenge that you will have in the campaign, and not just you personally, but all of us as citizens, is asking ourselves, 'Ok, what is the most important thing to us in this next election? What do we want to have coming out of this election, and the who can do the best job delivering that?' I'm afraid that what you're gonna find is that there will be a lot of charges and counter-charges and ads and all sorts of things that are, in the scheme of things, highly extraneous and irrelevant to what you care about most, which I presume is a strong economy, rising ages, and a bright future for your children, and we're gonna have to make sure we don't let extraneous matters divert our attention from that which matters most in keeping this nation the engine of economic vitality it's always been, and I take your point. *****You're absolutely right, which is as we reshape our tax plans we have to make sure that we're not giving a special break to people who might be at the heights income level, and I know the Democrats will day in and day out say, 'Oh, they're for tax cuts for the rich. It's like, no, I'm gonna keep the burden on high-income people, the same share of the burden it is today. If they pay x% of the tax burden today, why, they're gonna pay the same x% tomorrow, but my focus is not on punishing people. My focus is on getting jobs, and I wanna make sure that people who are thinking about starting an enterprise as a small business have an incentive to do so, as opposed to thinking that everything they might earn would end up going into the pocket of government. It's not hard. Excuse me, it's not easy taking the risk of starting a small enterprise, and that's. We've seen less of it in the last three years than we need to see to put our kids and their kids to work."***** 13:11:31 Romney: "Well, thank you for spending some time with me. I appreciate your coming all the way here and." Jason: "Thanks for coming and listening to us. It's very important to. We're regular people, and when we're asked to meet with somebody of your stature and, you know, going into the presidential election it's important for us to be heard and we appreciate you listening, coming to western PA and listening." Romney: "thank you. I care very deeply about what you had to say and hope I can help. The reason. I mean, I love this country. I love the American people. I love the principles upon which the country as based, and I wanna make sure we preserve what is great in America and we overcome the challenge we have now as opposed to pretending they're not real challenges. I'm convinced we can, but it's, you know, everyday Americans that will make the decisions we have to make, and they're not all gonna be easy, but it's time for us, I think, to come together and get that done. You made a comment also about the divisiveness in Washington. ****You know, I haven't been there. I haven't been elected to a position in Washington before, so it may.. It's. I'm sure it's a new experience for anybody who goes there, but I was elected governor in a state where my legislature was 85-87% Democrat. We got along. We worked together. We found common ground from time to time. I just think if I'm president I've got to be able to work with the people on the other side of the aisle, particularly at a time like this with such extraordinary challenges that are faced in the nation. I've got to be able to work with those people."**** 13:13:06 Tim: Go back to the 80s, where Tip O'Neill got along real well with Reagan. Fought but sat down and had a drink. ***Romney: "We gotta get along and see if we can't find some areas where we agree. Some areas we disagree. We'll leave that for the pundits to write about, but we've gotta find areas to agree upon, and we cannot continue year after year not to pass a budget, year after year to have schools that are having a harder and harder time making ends meet, year after year having people wonder why they can't find a job.*** This is. These last three years have been really tough, so I've gone across the country in setting like this and spoken with people. I think this is only the second time we've let the press in on these kind of conversations, but as I've spoken with folks, they've had tough times. A lot of folks out of work, a lot of folks that are working. I was with one couple in Appleton, WI, both working, she working at a department store, he working as a salesman, industrial salesman, in their mid-60s, were thinking of retiring, now can't imagine how they could ever afford retiring, and both concerned about the future of their job. He's working at a small business, wonders how long they can continue to afford a salesperson. She's working in the fragrance area of a department store, wonders if the company will be able to afford a salesperson. People are nervous about the future, and that kind of anxiety, that causes people to pull back, keeps them from taking risks and starting businesses, keeps them from buying things, slows down the economy, and that's gotta change. Well, thank you. I appreciate your time, your driving across the community to get here to see me today, and hopefully I get a chance to get your vote down the road. Ha-Ha. Thanks so much. Thank you." 13:15:01 They all stand to shake hands
DAY 1 COLORADO MARIJUANA SALES - ELAN NELSON INTERVIEW
DR. RICHARD BESSER MATERIAL IN COLORADO FOR SPOT OF FIRST DAY OF LEGAL MARIJUANA SALES IN THE STATE DR. BESSER INTERVIEW WITH ELAN NELSON,Business Strategy and Development Consultant, Medicine Man Denver, ON LEGALIZATION OF MARIJUANA AND BUSINESS SIDE OF LEGAL POT / WEED. 01:00:18 CU OF MARIJUANA FLOWER BUDS ON LEAVES 01:00:36 GREAT PANNING SHOT OF MARIJUANA PLANTS INSIDE GROW HOUSE 01:01:45 GARDENER TENDING TO PLANTS IN DISTANCE AT BACK OF GROW HOUSE 01:02:48 CU TAG WITH NAME OF MARIJUANA STRAIN BLUE DREAM #9 01:03:11 GOOD CU OF MARIJUANA / CANNABIS LEAVES 01:03:37 CEILING WITH GROW LIGHT 01:03:48 CU OF DIGITAL THERMOMETER MONITORING TEMPERATURE IN GROW HOUSE 01:03:55 OSCILLATING FAN BLOWING ONTO PLANTS 01:05:50 EMPLOYEES TRIMMING MARIJUANA BUDS / FLOWERS INTO ALUMINUM TRAYS 01:06:16 GREAT CU OF HUGE CUT MARIJUANA PLANT WITH LOTS OF BUDS 01:06:33 CU MARIJUANA BUDS TRIMMING WITH SCISSORS 01:08:35 EMPLOYEE PULLING FROM WALL A RACK FULL OF DRIED MARIJUANA BUDS 01:08:46 CU DRIED MARIJUANA BUDS HANGING 01:09:02 CU TAG FOR MARIJUANA STRAIN SUPER SKUNK 01:09:36 CU TAG FOR MARIJUANA STRAIN GOLDEN GOAT 01:10:41 EMPLOYEE HANGING BUDS ON LINE TO DRY 01:12:22 MORE RACKS OF MARIJUANA BUDS HANGING TO DRY OUT 01:13:24 EMPLOYEE SPRAYING PLANT LEAVES WITH SPRAY BOTTLE OF LIQUID 01:14:08 BOXES OF PLANTS WITH CLEAR PLASTIC SQUARE LIDS SITTING ON SHELVES UNDER GROW LIGHTS 01:14:24 CU JAR FULL OF MARIJUANA STRAIN SPECIAL QUEEN INDICA 01:14:48 PANNING SHOT OF JARS FULL OF DIFFERENT STRAINS OF MARIJUANA / SOME JARS HAVE CANNABIS LEAF LOGO ( RECREATIONAL USE ) WHILE OTHERS HAVE MEDICAL LOGO ( MEDICINAL USE ) 01:15:17 EDIBLE MARIJUANA PRODUCT CALLED STRAWBERRY COUGH CRUNCH 01:15:25 DABBA PREMIUM MEDICINAL CHOCOLATE / MINT FLAVORED 01:15:44 PANNING SHOT OF DISPLAY CASE WITH JARS OF RECREATIONAL USE MARIJUANA STRAINS 01:16:40 CU SPICY ORANGE MANGO FLAVORED MOUNTAIN HIGH SUCKERS 01:16:47 CU OF JAR OF MARIJUANA STRAIN GHOST TRAIN HAZE HYBRID 01:17:01 MARIJUANA STRAIN JACK HERER 3 SATIVA 01:17:33 STICKER FOR DISCOVER CARD, MASTERCARD, AND VISA CREDIT CARDS ON DISPLAY CASE FOR MARIJUANA 01:17:57 ATM MACHINE INSIDE MARIJUANA DISPENSARY 01:18:15 FOUR DIFFERENT FLAVORED BOTTLES OF MARIJUANA INFUSED SODAS 01:18:59 BROLL OF EMPLOYEES HELPING CUSTOMER INSIDE MARIJUANA DISPENSARY 01:19:27 DR. RICHARD BESSER WALK AND TALK INTERVIEW INSIDE MARIJUANA GROW HOUSE WITH ELAN NELSON,Business Strategy and Development Consultant, Medicine Man Denver, ON LEGALIZATION OF MARIJUANA AND BUSINESS SIDE OF LEGAL POT / WEED. Elan Nelson, Business Strategy and Development, Medicine Man Denver(EL): To start off we like to call this area our green mile Dr. Besser (DB): Whoa! EL: And you'll see when you look down this long aisle of vegetating plants, right here these are mother plants and this is where everything begins. What you can do is actually just take a clipping of this plant and you can create, essentially, the next generation and it'll be this exact copy of this exact plant. 01:19:56 DB: This is a big operation . EL: This is. We're pretty large. We're 20,000 square feet right now and we're expanding into an additional 20,000 square feet. And literally we're just attempting to keep up with demand. DB: So out of one plant how much marijuana will you get for people to use? 01:20:11 EL: Well its going to depend. The mother plants in here are actually just continuing to grow because right now the light cycle that they're under is 18 to 24 hours and so it keeps telling this plant it's the middle of summer, keep growing, get bigger and bigger. You can grow a plant - as you can see back towards the corner of the room here, they can get as tall as you want, you just keep on going and eventually you flower them. And I'll show you later on, generally, our plants, we only grow them to about this height and so depending on how long you've kept them in vegetation is going to dictate how large they are which will then decide how much product you're going to get off of it. DB: so is this for medical use or recreational? EL: They're all tagged differently. So you'll see, actually they're in the process right now of tagging them for medical. We've already tagged our recreational plants, but they're all the same plants. That's a common question I get is what's the difference between a medical plant and a recreational plant and there's no difference whatsoever, they're going to be the same strains and we just have tagged them and so we have a virtual inventory now of medical versus recreational. DB: So bright lights, this whole thing is a greenhouse? MM: Essentially. Of course a greenhouse is going to have glass at the top to have sunlight to help. We're mandated to do all of growing in enclosed space and so creating our artificial sun is how we've made that work. DB: So recreational is stronger than medical? EL: No. No difference between the two. DB: None at all? EL: No they're going to be the same plants and basically what we've done is just tag certain plants as this is going toward our recreational inventory and this is going towards our medical inventory. 01:21:44 EL: And so as you saw you've got these plants under this 18 to 24 hour light cycle and as I was mentioning to the plant that means that this is the middle of summer, I'm just going to keep growing, I'm not going to think about the next generation yet and then we've taken those little small clippings and when they're strong enough to have a root we can pot them. DB: So you don't need seeds its just plant to plant to plan 01:22:05 EL: You don't need seeds. Cause when you start with seeds you really don't know am I going to get a viable plant. Am I going to get a healthy plant, a plant that customers or patients like or are going to use. And once you've found a plant that's going to work, instead of starting to seed again, you just continually clone that plant and have copies over and over and over again. And what stops your customers from doing the same thing? 01:22:25 DB: And what stops your customers from doing the same thing? EL: Because what they're purchasing from us is finished product. They're not actually purchasing a plant though they are able to purchase clones for themselves but growing marijuana, though its called a weed because it is easy to grow it, its very difficult to grow it well. To grow it to the extent of how a dispensary runs an operation, there's a lot of manpower, a lot of science behind this and a lot of hard work. 01:22:52 DB: You can smell it in the air. EL: Right it's a very potent smell. DB: Is there any high to that smell? EL: No. Another common question that I get is there THC in the air right now? Absolutely not. Really what you're smelling is what you would smell if you went to a nursery with a normal garden not marijuana. You're smelling the flowers, you're smelling the unintelligible, you're smelling the plant matter itself but you're not in any way inhaling any sort of THC. 01:23:17 DB: How do your neighbors feel about having a major marijuana set up in the neighborhood? EL: We're actually in an industrial area so we're not really faced with a lot of cranky neighbors. Its just other businesses and its mostly warehouses in this area. We've definitely taken steps to mitigate odor so as you're smelling it really strong in here, if you were to step directly outside of our warehouse here, we have carbon filtration systems set up so that all the air that comes out of here is going to be filtered and that's going to lower our smell footprint basically. Unfortunately our neighbors are very stinky and they don't use any sort of mitigation so if you smell it, I swear, its not from us. DB: So your neighbors grow as well? 01:24:00 EL: Yes actually we have a lot of neighbors in this area that are growing. DB: Now all the shops that are selling do they have to grow as well? 01:24:05 EL: Yes. So in Colorado we're vertically integrated. We're mandated to grow and sell. If you do one, you have to do the other. So as you noticed when you came in, we have a dispensary up front and this is our grow facility towards the back. DB: So you only sell the things you grow? EL: We do. We're allowed though to purchase 30 percent wholesale from other dispensaries and we can sell that on our shelves however we've been able to keep up and do our best to meet demand. 01:24:34 EL: So as you notice the plants are getting larger now and we're getting them to a point where we're going to put them in the flowering stage and really when they've hit a certain height really that's when we're going to move them in to flower. So right now middle of summer, I'm just going to keep getting bigger and stronger. DB: So when you were selling medical, how much were you selling a week? EL: Numbers we generally don't quote. You might be familiar with the banking situation so we don't want to make ourselves targets but we are the largest single dispensary in Colorado. DB: Can you say anything about how business expanded when it went recreational? EL: Absolutely. Our previous best day, under the medical framework, we take that number, and on January one we tripled our sales from our previous best day. DB: Tripled? 01:25:14 EL: Tripled. And on our second day on January 2, we doubled. And its just been people coming from across the country over half that we saw on day one and day two were not from this state. And that was really surprising to us, and we're happy to see it and I think it just shows the demand for this product. DB: Now one of the things I'm hearing is that because of the demand the price is skyrocketing. EL: Price has increased significantly. Basically we've had to double our prices to make sure that we don't sell out. I think in the industry there's this accusation of price gauging and its certainly not that. Supply is a concern. DB: Is there any restriction on what you can sell it for or is it whatever the market will bear? 01:25:53 EL: Its whatever the market will bear. 14Y01M08-004 Walking in shots 01:26:08 EL: So this is our flowering room. DB: Wow. So this is the stuff you're selling? EL: This is. This really is getting down to the heart of what this is all about. When you look at these buds, these are the actual flowers of the plant and on it is coated with all these crystals and that's THC and that's DB: All those little cyrstals that's THC? EL: Correct. Every little crystal is called a trichome and within that is going to be all your cannabinoids with THC being the most important one for this business. DB: So if you just breath that in will you get a high off of those leaves? 01:26:39 EL: No you will not. There's no THC actually in the air right now its just what you're smelling is sort of like what you'd smell when you're smelling a fragrant rose. DB: So for people who are growing pot now medical and for recreational is it like the old prohibition bootlegger days where people who were doing it on the side are now making it their business? EL: You know it really was more cowboyish only just a few years ago. Now its really as you can see, we're pretty industrialized we are able to allow cameras in and be more open about what we are doing here but definitely in those early days of the medical marijuana industry it was a very cowboy industry. DB: The wild wild west. EL: Yes. DB: So how strong is the marijuana that you sell? 01:27:35 EL: You're looking at cannabinoid profiles with the percentages that can range anywhere from 15 to 30 percent DB: 15 to 30 percent THC DB: Now when I was young, pot was nowhere near that strong. EL: They say that but I don't know if there was really valid testing occurring back then or maybe they were testing in different ways but to be honest, with marijuana, you can't die from an overdose so even if you were to realize 'wow this is really strong' you just stop inhaling. DB: Do you worry that legalized pot now is going to lead to kids smoking pot? EL: Its always going to be a concern. Certainly what we can do as far as this industry is make - (asks question again) DB: Are you worried now that pots legal its going to be easier for young kids to get a hold of it? 01:28:46 EL: Its always going to be a concern and certainly for the industry there are steps that we've taken to make sure that we can mitigate that. Child resistant packaging is required for everything that exits this building, everything that we sell. Also, of course, your ID is checked when you walk in the door here certainly your local drug dealer doesn't do that. DB: So child resistant packaging just like when you buy medicine. EL: Correct, exactly like when you buy medicine. We have made certain that children of a certain age aren't able to access that package. And here in the flower room what makes that a flowering room is the light cycle difference so when we're in that vegetating room that light cycle is 18 to 24 hours and in here we switched it over to 12 on 12 off. This tells the plant summer has ended its time to think about the next generation we need to produce your flower that will be collonated. DB: How long have you been working in this business? EL: I've been in the industry since 2009. DB: 2009. And why do you sell pot? EL: I wanted to take a job that wasn't boring and for me it was really a curiosity. DB: You picked a doozy! EL: I'm never bored. I'm never bored. So since 2009 when I started as a receptionist just working part time I realized I love the industry I love the plant, I love what it does for people the way that I was helping people was amazing to me then the entrepreneurial spirit of the business owners always was inspiring to me and so I've worked my way up. I'm now a consultant for medicine man Denver and also the vice chair of the marijuana industry group. DB: And were you here on the first day? Was it January 1st? EL: January 1st, I was here, yes. DB: What was that like? 01:30:30 EL: A spirited crowd. It was great, we had a line out the door all day long. By the end of the day we had seen over 650 people. We had to turn away a lot of them at the end of the night just because we just couldn't get to all of them unfortunately. But that crowd that day was so jubilant and there really was this relief lifted off them that they could do what they wanted to do and not break the law anymore. People generally don't want to break the law and so to have that stress take off, that burden removed was great and so our crowd was out there doing they were cheering, it was a lot of fun that day. DB: What do you say to people who are concerned that this will be a gateway to harder drugs? EL: That's always been brought up, this gateway drug theory, and I question that because statistics show how many Americans have tried marijuana but how many of those have gone on to try heroine and crack cocaine, harder much more riskier drugs. That just hasn't borne out. You could say that same thing about alcohol if you wanted to make that argument and so I just don't find it to be a valid argument whatsoever. 01:31:49 TAG FOR MARIJUANA STRAIN GIRL SCOUT COOKIES 01:32:02 TAG FOR STRAIN KOOL AID KUSH Walking shots 01:32:50 DB: Some of these names are wild. EL: Right, these are a throwback to those bootlegging days when the concern was is my grow gonna get shut down and not copyright infringement. So you'll see crazier names and what it is is that the grower comes up with a strain that's stable over several generations its then a viable strain and the grower can name it whatever they like. DB: And there's a competition EL: There are. There are a lot of competitions across the globe actually one of our plants actually won third place for best sativa in the 2012 Cannabis Cup. DB: Best what? EL: Best sativa. DB: What's sativa? 01:33:28 EL: So there's two predominant strains of marijuana of the cannabis plant. There's the indicas and sativas. And the indicas, well I don't really have a good example right in front of me, but indicas, the leaf structure is going to be shorter and fatter and the high of the indica is going to be more of a relaxing, mellowed out, pain relief type of high. And there's also the sativa variety and those are going to be the skinnier longer structure and those are more of the active high. So if you were to smoke a sativa you could still get some work done around the house. 14Y01M08-005 Showing popular strains 01:36:28 So to show you our most popular strain, its going to be our blue dream, and you see these sativa leaves again, and this has a very euphoric high, you can get housework done after you smoke this, you're not going to be stuck on your couch all day, you'll be able to function. DB: That's what makes it so popular? EN: Blue dream has a cross with some blueberry, another strain that has a really great flavor to it. So certainly it's a combination of things. The potency, the type of high and the flavor. DB: So people who've been growing pot for years and years. How do they feel that its losing that kind of outlaw mystique. 01:37:00 EN: I think for some its just not fun anymore probably. I can't speak for that I haven't grown illegally myself I've always done everything by the book, I'm pretty boring. But I think its lost that taboo side to it but also I think what's good is I think for teenagers, its going to be not fun to do what your parents do. That's just not cool anymore so I think to get away where it's a cool thing to do actually would be a beneficial thing. DB: That could actually lead to less use by kids? EN: That would be my hope. 01:37:50 EN: So for a lot of people they've become connoisseurs of this product so to them its about smell, its about taste, flavor obviously, and they will memorize these strains and sort of follow them and realize okay I like strain and when we've crossed that strain with another strain, they'll tell us well I like how you cross it with this one or with that one. DB: It sounds like how people describe a fine wine. EN: Correct, yeah. And I think that Colorado in a lot of ways is becoming its own little Napa Valley. 14Y01M08-006 Trim Room 01:40:07 EN: So after the plant is harvested, its going to come here to our trim room and what they're doing is taking off all those excess leaves. DB: Giving it a little hair cut EN: Giving it a haircut, right. So there's larger leaves, fan leaves, and those still have some THC crystals on them, and then there's tight trim of sweet leaf and those have a lot of crystal on them still and of course the most valuable part of the flower, being that tight bud in the center. DB: So that's this part right here? EN: Correct. EN: And so Amanda is trimming off the tight trim and she's keeping that separate from the larger family of trim and then the stems are just waste. 01:40:41 DB: So what will these big leaves be used for? EN: Because they still have some of those THC crystals on them they still hae some value to them. So we'll sell those to edibles companies, they can make concentrates like hash or they can use them to infuse edibles. DB: Edibles. Cookies, brownies, that kind of thing? EN: Everything you can think of. Soda, crackers, DB: Sodas and crackers? EN: Oh yeah. DB: And what about these little ones? EN: These as well could be used for making concentrate, which is hash, as pure THC as you can get, or it can be used again for edibles. DB: Now that smell in here is so strong. EN: Very strong. DB: But there's no contact high from that? EN: No, no there's no THC really floating around in the air. DB: If you chewed these leaves would you get high from that or does it have to be cooked. EN: I'm not going to know the answer to that to be honest. She said some people say that but that dogs get a hold of it and it hasn't been heated and they get high. 01:41:39 DB: So what does your family think about you growing and selling pot. EN: I got into this industry in 2009 and my mother for the longest time wouldn't tell anybody what I was doing. She would say I was a receptionist or I was working in admin. And then - only recently with this industry really booming and becoming more legitimized has she been more comfortable telling co-workers and friends what I do. 01:42:08 DB: So what are your doing? Amanda Roth (22): I'm trimming off the tight trim creating, like she said, the joint mix, we sell it as joint mix put it in edibles and concentrates. DB: Joint mix meaning for cigarettes? For joints. Amanda: yeah. DB: So it cost more if you want to buy the buds than buy the leaves? Amanda: Yes, the buds are the most valuable part of the plant. You can make money off this, but this is the breadwinner right there. 01:42:40 DB: And what about the stems? Amanda: Can't really ise anything for the stems so it just gets mixed up and thrown into waste. DB: So when those buds are sold they are taken off the stem and the stem is discarded? Amanda: Yep. Up in the cure room when they go up there and they're done I'll just sit here and just chop the bud off and sell it just like that. 01:43:03 DB: How long have you been working here? Amanda: About two months now. Two months. DB: Good job? Amanda: Yes I love it here, such a nice place, they're very family oriented they're wonderful people here, I love my job I really do. DB: That's great. Did you ever think you'd be working cutting, selling, pot? Amanda: No. Actually I didn't. I started using it about a year ago for my medical reasons - I have migraines - and that's how I got into the business. Started getting to know everybody, met the owners and all of that and walked in a day and said 'do you guys need any help I'm looking for a job' and was hired a week later. 01:43:47 DB: And has it gotten busier? Amanda: It has gotten tremendously busier since we have opened up for recreational marijuana.
Malcolm Wright Verdict (05/02/1997)
A verdict in the ex-Fort Bragg solider Malcolm Wright murder case. This afternoon a jury in Willmington, North Carolina found Wright guilty of killing to people. Authorities contended the killings were racially motivated, because the victims were black and Wright along with his codefendant, James Burmiester are white. Burmeister was convicted in March and sentenced to life in prison. Amanda Lamb has reaction to today's sentencing.
EVENT CAPSULE CHYRON - Jony And Marc's (RED) Auction
EVENT CAPSULE CHYRON - Jony And Marc's (RED) Auction on November 23, 2013 at Sotheby's in New York City. (Footage by WireImage Video/Getty Images)
INTERVIEW – Charlie Rose praises the two men that that put the event together as Amanda Burden looks on at Jony And Marc's (RED) Auction
INTERVIEW – Charlie Rose praises the two men that that put the event together as Amanda Burden looks on at Jony And Marc's (RED) Auction at Sotheby's on 2013-11-23 in New York City.
ARIEL CASTRO SENTENCING P3
COURTROOM FTG OF THE SENTENCING FOR ARIEL CASTRO, MAN WHO KIDNAPPED AND HELD THREE YOUNG WOMEN CAPTIVE FOR A DECADE Psychiatrist (forensic psychiatrist from Univ of VA). 112541 The duplicity was so complete.//The fact that he was able to construct this kind of situation//He appeared to have a lot of emotional attachment to his home. 112814 shot of court reporter typing on keyboard ************* 112820 He wrote: "I am a sexual predator who needs help but don't bother to get it." 113456 Dr Ochberg on the stand: "This was not real intimacy, this was a perversion"***** 115750 Michelle Knight in court talking to lawyers*************** 115801 Michelle hugs people in court********* 115822 Castro walks into court*********** 115837 Castro talking to lawyer 115940 Castro makes a face Statement from Sylvia Colon on behalf of Gina DeJesus: 120757 "My name is Sylvia Colon and I am a cousin and spokesperson for the DeJesus family. We have enjoyed our low-key lives and pray we can continue to savor our privacy. On behalf of my entire family, we would like to thank the Honorable Judge Michael Russo, Office of Prosecutor Timothy McGinty and staff, as well as the defense team for the accelerated resolution to the Castro case. Today we will close this chapter of our lives. Family members - we love you. To our friends, neighbors, FBI, Cleveland Police, Attorney Henry Hilow and our attorneys at Jones Day, the great City of Cleveland and too many others to name- thank you and God bless you. For nine long years you have been by our sides, encouraging and supporting us. We shall never forget you. You are now a part of our family. To Ariel Castro's family - we are saddened that you are burdened with this horror and will unfortunately forever be tied to these atrocities. Please know that we do not hold you accountable and pray that you can one day be whole again. Continue to love and support one another-we promise you that with this recipe you will be triumphant. Our family recognizes it is not for us to judge or determine any punishment. Only a higher power can do that. Today is the last day we want to think or talk about this. These events will not own a place in our thoughts or our hearts. We will continue to live and love. We stand before you and promise you that our beloved family member thrives. She laughs, swims, dances, and more importantly she loves and is loved. We are comforted in knowing that she will continue to flourish. She will finish school, go to college, fall in love, and if she chooses, will get married and have children. She is where we will continue to put in our energy. She lives not a victim, but as a survivor. Her insurmountable will to prevail is the only story worth discussing. We ask that you continue to give her and our family privacy as we continue this journey back into society. 121103 To Ariel Castro - Que Dios se apiade de su alma." ************* 121145 Beth Serrano,sister of Amanda Berry comes forward to make statement to Judge 121156 "My name is Beth Serrano. I am Amanda Berry's sister. The impact of these crimes on our family is something that we do not want to discuss with people we don't know. Even if I wanted to talk about it, it is impossible to put into words. For me, I lost my sister for all those years and thought it was forever. And we lost my mother forever. And she died not knowing. My mother and my sister, the two most loving people in the world. It is impossible to put into words how much it hurts. Amanda is not here today. She is strong, beautiful, inside and out, and is doing better every day. She's not just my only sister, but the best friend I have and the best person I know. She does not want to talk about these things. She has not talked about these things even with me. And she does not want other people to talk about these things. The main reason she does not want anyone to talk about these things, or be forced to talk about these things, is because she has a daughter. She would like to be the person who decides what to tell her daughter, when to tell her daughter, and how to tell her daughter certain things. When people say things and file things in court, it is public. It gets written about and talked about. By people we don't know. Amanda's concern is that her daughter will hear about things, or read about things, said by the wrong people, the wrong way, at the wrong time. Before Amanda thinks the time is right to tell her daughter. My sister has asked me to say the same thing she has been saying since this case started. Please respect her privacy. She does not want other people to talk or write about what happened. Now that there will be no trial, there doesn't seem to be any reason at all why people cannot do what she asks. Amanda did not control anything for a long time. Please let her have control over this, so she can protect her daughter. She will do anything to protect her daughter. She also asked me to say that she is grateful this case is over. She wanted me to say thank you to people that have supported her and our family, including James Wooley, Henry Hilow, Heather Kimmel and everyone at the Jones Day law firm, the FBI, the Cleveland Police, the DeJesus family, the entire community and everyone else who's continued to stand by our side. We appreciate everyone's support and kindness. Thank you." 1214 MICHELLE KNIGHT ****************** 121446 GETS UP AND HUGS PEOPLE IN COURT ROOM 121513 GOOD AFTERNOON ***************************** MY NAME IS MICHELLE KNIGHT AND IW OULD LIKE TO TELL YOU WHAT. 121535 I WAAS WONDERED IF I'D EVER IT WAS ONLY 2 AND A HALF YEARS OLD WHEN I WAS TAKEN. 121546 CRYING 121550 I LOOK INSIDE MY HEART AND I SEE MY SON I CRIED EVERY NIGHT. I WAS SO ALONE 121557 I WORRY ABOUT WHAT WOULD HAPPEN TO ME AND THE OTHER GIRL EVERY DAY 121605 DAYS NEVER GOT SHORTER> DAYS TURNED INTO NIGHTS> NIGHTS TURNED INTO DAYS. 121613 YEARS TURNED INTO ENTERNITY 121618 I KNEW NOBODY CARED ABOUT ME HE TOLD ME THAT MY FAMILY DIDN'T CARE. EVEN ON HOLIDAYS. 121627CHRISTMAS MOST TRAUMATIC DAY CAUSE I NEVER GOT TO SPEND IT WITH MY SON. 121634 NOBODY SHOULD EVER HAVE TO GO THROUGH WHA TI WENT THROUGH OR ANYONE ELSE, NOT EVEN WORST ENEMY. 121642 GINA WAS MY TEAMMATE. SHE NEVER LET ME FALL I NEVER LET HER FAUL. SHE NURSED ME BACK TO HEALTH WHEN I WAS DYING FROM HIS ABUSE. 121655 MY FRIENDSHIP WITH HER WAS THE ONLY thing that was good out of this situation WE SAID WE WOULD SOMEDAY MAKE IT OUT ALIVE AND WE DID. 121713 ARIEL CASTRO I REMEMBER ALL THE TIMES YOU CAME HOME TAKLING ABOUT what everybody else did wrong and act like you weren't doing the same thing 121726 YOU SAID AT LEAST I DIDN'T KILL YOU (PUSH INTO CASTRO) 121728 YOU TOOK ELEVENT YEARS OF MY LIFE AWAY AND I HAVE GOT IT BACK (C/U OF CASTRO 121737 I SEPTN 11 YEARS IN HELL NOW YOUR HELL IS JUST BEGINNING. 121742 I WILL OVERCOME ALL OF THIS THAT HAPPENED BUT YOU WILL FACE HELL FOR ETERNITY. 121751 FROM THIS MOMENT ON I WILL NOT LET YOU DEFINE ME OR EFFCT WHO I AM 121758 I WILL LIVE ON YOU WILL DIE A LITTLE EVERY DAY 121805 AS YOU THINK ABOUT THE 11 YEARS AND ATROCITIES YOU INFLICTED ON US. 121815 WHAT DOES GOD THINK OF YOU GOING TO CHURHC EVERY SUNDAY (1218) COMING HOME TO TORTURE US 121827THE DEATH PENATLY WOULD BE SO MUCH EASIER YOU DON'T DESRVE THAT YOU DESERVE TO SPEND LIFE IN PRISON 121832 I CAN FORGIVE YOU BUT I CAN NEVER FORGOT 121836 WITH GOD I WILL SURVIVE AND HELP OTHERS WHO SUFFERED 121845 WRITING THIS STTAMTENET GAVE ME THE STRENGTH TO BE A STRONGER WOMAN AND KNOW THERE IS GOOD THERE IS MORE GOOD THAN EVIL I KNOW THAT THERE IS A LOT OF PEOPLE GOING THROUGH HARD TIMES BUT WE NEED TO REACH OUT A HAND AND HOLD THEM AND LET THEM KNOW THAT THEY'RE BEING HEARD 121909 AFTER 11 YEARS I AM FINALLY BEING HEARD AND IT'S LIBERATING THANK YOU ALL, I LOVE YOU, GOD BLESS YOU ALL. 121922 returns to seat with lawyers and lawyers hug her 121956 Push in to close up Michelle, *never looked straight at castro* 123741 shot of judge 123800 pan to Ariel Castro and push in 123826 Judge: Earlier we spoke, and you are aware that you have a right to make a statement. So what would you like to say? ARIEL CASTRO SPEAKS TO THE JUDGE 123847 I was a victim of sex acts when I was a child. This led me to view pornography through my whole life. Eventually after I held jobs because I always worked.what I'm trying to get at is that 123919 these people are trying to paint me as a monster and I'm not a monster, I am sick. My sexual problems have been so bad on my mind that I'm impulsive. 123942 but eventually I married I had 4 children lived a normal life but I still practiced the art of touching myself and viewing porn 124003 I believe I am a addicted to porn to the point that it really makes me impulsive and I just don't realize what I'm doing is wrong. I know it's not an excuse and I'm not trying to make excuses. 124029 I'm not contesting it. 124034 I've been a musician for a long time maybe 25 30 times and to be a musician and to be a monster like they're trying to say I am I don't think I can handle that. I'm a happy person inside. I drove a school bus for 21 years had a very good job towards the end I started slacking off. 124106 trying to get fired because I knew it was too much this job was too stressful and coming home to my situation I just couldn't juggle both of them 124119 but uh, I never had a record until I met my children's mother 123134 my son was on here the other day telling how abusive I was. But he failed to say that at the end, before she passed away, what I'm trig to say is while she was saying I was a wife beater that is wrong because this happened because I couldn't get her to quiet down. I would continually tell her the children are right there would you please and she responded I don't care I the children are there and she would keep going 124214 the situation would escalate to the point where she would put her hands on me and that's how I'd react. By putting my hands on her. 124227 after living with her for 12 years I was separated I was single for about 5 years and in that time I continued to practice the art of masturbation and it got so bad that I used to do it maybe 2 or 3 hours a day nonstop. 124255 and when I was finished I would just *inaudible* 124302 when I picked up the first victim I wasn't, I didn't even plan it that day it wasn't something I was thinking about I didn't do that. That day I heard her she needed to get somewhere and I reacted on that. But when I got up that day I didn't get up and say oh I'm going to try and find some women. It wasn't like that 124340 but I know it's wrong and im not trying to make excuses here, I'm 100 percent wrong. 124350 they're trying to say I'm a violent person, and I'm not a violent person. I drove a school bus was a musician had a family. 124408 every time I came home I would be so glad of the situation as crazy as it may sound and my daughter she just made every day for me after she was born. She never saw any violence in that house your honor 124431 if anyone questioned her she'd say the opposite. She'd probably say my dad is the best dad in the world because that's how I tried to raise her in those 6 years so she won't be traumatized 124449 she had a normal life in those 6 years I tried to take her out in public to give her a normal life and show her look this is how it works I would take her church I'd come home and be normal like a normal family. 124507 these accusations that I would come home and beat her, beat them, those are totally wrong your honor because I like I said before I am not a violent person I know what I did was wrong but I'm not a violent person I simply kept them there without them being able to leave. 124530 I know when i picked up the second victim, which was gina, I don't understand how I passed up my won daughter to pick her up. Because I was driven by sex. And no I did not know who she was. I saw her walking but I did not know she was related to the DeJesus family because I know her dad, we went to school together, we didn't see much of each other but I knew him from school 124607 Amanda, she got into my vehicle without even knowing who I was. I'm not putting the fault on her but I'm just saying, I'm just getting my point across I'm not a violent predator, they're trying to make me look a monster I'm not a monster, I'm a normal person I'm just sick, I have an addiction just like an alcoholic has an addiction. I couldn't control my addiction. 124646 BUT uh, most of the sex that went on in that house practically all of it was consensual these allegations about being forceful on them is totally wrong becase it there were times they would even ask me for sex - many times and I learned that these girls were not virgins in their testimony to me, they had multiple partners before me - all three of them. 124727 that's basically it I just want to clear the record that I am not a monster I did not prey on these women I just in this instance because of my sexual addiction and god is my witness I never beat these women like they are trying to say I did I never tortured them (he raises his voice) 124802 finally I would like to apologize to the victims for Amanda berry and gina dejsues and michelle knight 124823 I am truly sorry for what happened. To this day I'm trying to answer my own questions.I don't know why (cries) 124838 a man that had everything going on for himself, I had jobs I had musical talent I had vehicles, I had everything going on for me your honor. I had good history of working, providing, I just hope they can find it in their hearts to forgive me. 124911 because we had a lot of harmony going on in that home and if you see the youtube video of Amanda this weekend that right there itself proves that girl did not go through no torture. That woman did not go through no torture because if that was true do you think she'd be out there partying already having fun? I don't think so 124944 I've seen gina through the media she looks normal, she seems normal. A person who has been tortured doesn't act normal they act withdrawn. On the contrary she is happy. All the victims are happy. 125005 I haven't seen much of michelle since day one, nobody missed her. I never saw no fliers out there about her. 125034 when they question my daughter that's ok but they failed to question me, I'm her father. If they would have questioned me when gina was missing it's possible it would have ended right there, so. 125056 and also they forgot to mention I did mention to them that I was addicted to porn, but. 125111 CASTRO TURNS TO VICTIMS IN COURT - I am truly sorry to the Dejesus family, Michelle and Amanda. 125120 you guys know all the harmony that went on in that home (SHOT OF MICHELLE IN COURT) 125133 I ask god to forgive me and I apologize to my family for putting them through all of this and I want to apologize to the state of ohio 125152 I just want to apologize to anyone who was touched by these events but I do also want to tell you there was harmony in that homne, there was harmony in that home, I was a good person. I just hope they find it in their hearts to forgive me. 125218 do some research on people who have addictions so they can see how their addiction takes over their lives. 125231 so again I'm sorry to all the victims I'm sorry to my daughter because i know god bless her she's a miracle child and god bless the women too. But there were times when she as born I know I could have taken her .that's why she's a victim too I could have taken her to the yard and I chose to. Thank god that nothing bad happened because 125304 just last year she started getting tooth aches and I said to myself I'm not going to let her die (CRYING) Because one infection could possibly take her life. 125324 the situation your honor, I'm collecting words, but that's part of the problem that I have also I start talking and I just go blank. So I apologize to you your honor for bringing this case into your court. 125400 thank you everyone and I'm sorry for everything. I know the true judgment day is when god comes and judges me. I've been reading the bible and praying and asking for forgiveness and due to the fact that I have a sexual addiction I don't know how god is going to judge me 125443 the comment from the lady made, for the Dejesus family at the end that was uncalled for. 125444 so again thank you everyone thank you victims. Please find it in your hearts to forgive me. ****JUDGE**** 125453 JUDGE: MR CASTRO YOU HAVE BEFORE YOU YOUR PLEA AGREEMENT AND IF YOU RECALL ON PAGE 10 PART OF THE AGREEMENT WAS THAT YOU WOULD EXECUTE ALL NECESSARY DOCUMENTS AND PERFORM ALL ACTS FOR A RIGHT TITLE AND INTEREST IN THE REAL PROPERTY 2207 SEYMOUR AVE IN CLEVELAND TO THE CUYAHOGA COUNTY LAND REALIZATION CORPORATION, THE LAND BANK. SO THE OTHER DAY AFTER THE PLEA HEARING THAT'S WHAT YOU DID CORRECT? CASTRO: YES JUDGE: YOU SIGNED ALL THE PAPERS? CASTRO: YES. JUDGE: RIGHT. AND YOU UNDERSTAND THAT YOU ARE NOT ENTITLED TO SEEK ANY PROFIT. AND YOU'VE AGREED NOT TO SEEK ANY PROFIT FROM THIS MATTER, CORRECT? CASTRO: SAY THAT AGAIN, I'M SORRY. 125540 JUDGE: YOU HAVE AGREED THAT YOU WILL NOT SEEK ANY PROFIT FROM THIS. IN OTHER WORDS YOU'RE NOT GOING TO WRITINGA BOOK AND RECEIVING FUNDS, YOU WON'T BE LICENSING ANYTHING. THE ONLY PEOPLE WHO IN THE FUTURE MAY RECEIVE ANY BENEFIT FROM THIS WILL BE THE VICTIMS, IS THAT CLEAR? CASTRO: YES. 125600 JUSDGE: MISS KNIGHT THANK YOU FOR YOUR REMARKABLE RESTRAINT DURING THAT STATEMENT. 125623 JUDGE: MR CASTRO YOU HAD SEVERAL TIMES DURING THE PLEA AND THEN AGAIN TODAY MENTIONED THAT YOU DON'T FEEL THAT YOU'RE A VIOLENT PERSON. PERHAPS YOU'RE NOT FULLY UNDERSTANDING THE VIOLENCE SEX CODE SECTION 2971. IT TALKS ABOUT WHAT IS VIOLENT SEX OFFENCE AND THAAT INCLUDES THE CHARGES OF RAPE. AND YOU'VE PLEADED GUILTY TO A NUMBE RO FTHOSE, HUNDREDS OF COUNTS. IT ALSO DEFINES SEXUALLY VIOLENT OFFENSE AS A VIOLENT SEX OFFENSE FOR WHICH A PERSON WAS CONVICTED OF OR PLED GUILTY TO WITH A SEXUAL MOTIVATIONS. AND THEN IT TALKS ABOUT A SEXUALLY VIOLENT PREDATOR. SO BY OPERATION OF LAW THE RAPE CONSTITUTES A SEXUALLY VIOLENT OFFENSE AND YOU'VE PLED GUILTY TO THAT AND THEN FOUND GUILTY OF IT AT YOUR PLEA. AND A SEXUALLY VIOLENT OFFENSE AND ALIKELIHOOD TO ENGAGE IN THE FUTURE IN ONE OR MORE SEXUALLY VIOLENT OFFENSES QUALIFIES A PERSON AS A SEXUALLY VIOLENT PREDATOR HERE UNDER 2171.01 H2 C, D AND E, WHERE THEY TALK ABOUT THE AVAILABLE INFORMATION OR EVIDENCE SUGGESTS THAT THE PERSON CHRONICALLY COMMITS OFFENSES WITH SEXUAL MOTIVATION. YOU HAVE TO ADMIT THAT THAT HAPPENED HERE BY VIRTUE OF THE RAPE CHARGES. 125752 JUDGE: THAT THE PERSON AHD COMMITTED ONE OR MORE OFFENSES WHERE THE PERSON HAS TORTURED OR ENAGAGED IN RITUALISTIC ACTS WITH ONE OR MORE VICITMS. THAT SEEMS TO FIT HERE TOO. ALSO THE EPRSON THAT'S COMMITTED ONE OR MORE OFFENSES IN WHICH ONE OR MORE VICTIMS WERE PHYSICALLY HARMED TO THE DEGREE THAT THE VICTIM'S LIFE WAS IN JEOPARDY. AND THAT MOST PROBABLY OCCURRED WITH MISS KNIGHT. SO THERE ARE LERGAL REASONS THAT YOUR ATTORNIES I'M SURE HAVE CONSIDERED AND DISCUSSED WITH YOUWHY ALTHOUGH YOU MAY NOT LIKE THE WORDING OF THE TERMINOLOGY DEVISED IN THIS CODE, IT FITS, OK? 122858 JUDGE: IT MAY BE UNPLEASANT TO YOU. CASTRO: YEAH. THE VIOLENT PART IT MAKES IT SOUND AS IF I FORCED MYSELF ONTO THEMAND THAT NEVER HAPPENED. YOU KNOW, PHYSICALLY. 215841 JUDGE: BY VIRTUE OF YOUR PLEA, THAT'S WHAT YOU DID. YOU PLED GUILTY TO THAT AND BY VIRTUE OF YOUR PLEA YOU RAPED SOMEONE. THAT'S WHAT IT MEANS. 125853 JUDGE: MR CASTRO AND.. SENTENCING YOU AND ALL OTHERS COMING TO THIS COURT ON FELONY MATTERS AND OF COURSE THERE IS ONE MISDEMEANOR AS WELL, COMIN BEFORE THIS COURT ON FELONY MATTERS I HAVE TO COMPLY WITH FELONY SENTENCING STATUES. THE OVERALL PURPOSE TO PUNISH THE OFFENDER AND PROTECT THE PUBLIC FROM FUTURE CRIME BY THE OFFENDER AND OTHERS, USING THE MINIMUM SANCTIONS THAT THE COURT DETERMINES ACCOMPLISHES THOSE PURPOSES WITHOUT POSING AN UNECESSARY BURDEN ON STATE OR GOVERNMENT RESOURCES. IN IMPOSING A SENTENCE THE COURT MUST CONSIDER THE NEED FOR INCAPCITATION, DETERRENCE, REHABILITATION, AND RESTITUTION. 125930 JUDGE: I HAVE TO COME UP WITH A SENTENCE FOR YOU THAT'S COMMENSURATE WITH AND NOT DEMEANING TO THE SERIOUSNESS OF YOUR CONDUCT, IT'S IMPAC TON THE VICTIMS, AND A SENTENCE THAT' CONSISTENT WITH SENTENCES FOR SIMILAR CRIMES BY SIMILAR OFFENDERS. AND ALSO THE SENTENCE MUS TNOT BE BASED ON YOUR RACE, ETHNICITY, GENDER OR RELIGION. 125949 JUDGE: ONE ISSUE HERE IN TERMS OF PROPORTIONALITY WHICH WE'LL GET TO LATER, IF I LOOK BACK TO THE CASES I'VE HAD THERE HAVE BEEN NONE WITH THE SCOPE APPROACHING THIS, BUT IN TERMS OF HARM TO AVICTIM THEY'RE SIMILAR, ALTHOGUH YOUR MISCONDUCT HERE FAR EXCEEDS THE SCOPE AND DURATION OF THE DEFENDANTS I'M GOING TO MENTION. 130018 JUDGE: I NOTE THAT IN KEVIN DOMINICK'S CASE WHICH WS 300-286 I IMPOSED 2 CONSECUTIVE LIFE SENTENCES FOR HIM. AND MR. JACOV, IN CASE 450-218 HE RECEIVED A SENTENCE OF 36 YEARS BASED UPON HIS CONDUCT. BUT HTOSE DID NOT INVOLVE KIDNAPPING AND TORTURE AND DEPRIVATION AND SUCH OVER A NUMBER OF YEARS. THE HARM WAS OF COURSE STILL GREAT BECAUSE THEY WERE RAPED IN THOSE 2 INSTANCES BY THEIR DADS BUT NOTHING LIKE THIS. 130112 JUDGE: SO IN THIS MATTER CONSIDERATIONS OR INDICATORS THAT YOUR CONDUCT IS MORE SERIOUS THAN 29.12 BASED UPON THE INFORMATION AVAILABLE TO THE COURT. ALL OF THIS WAS ORGANIZED. YOU USED DECEPTION, YOU USED CHAINS AND OTHER MEANS TO HOLD CAPTIVE 3 YOUNG WOMEN AND ULTIMATELY A YOUNG CHILD. AND THERE WAS A CERTAIN STRATEGY INVOLVED. WHAT CONNECTS BETWEEN ALL THESE INDIVIUDALS IS THE FACT THAT THEY ALL WERE FRIENDS WITH ONE OR MORE OF YOUR DAUGHTERS OR YOUR SON AND THAT WAS YOUR ENTRÉE AND HOW THIS EVOLVED. AND YOU INDICATED THAT YOU HAD TO DO THIS BECAUSE YOU SUFFER FROM SEX ADDICTION BUT AT THE SAME TIME THAT THIS PLAN WAS GOING INTO OPERATION WITH MISS KNIGHT, YOU HAD A GIRLFRIEND WHO WAS NOT HARMED, NOT ABUSED. YOU HAD APPARENTLY OR OUTWARDLY NORMAL RELTIONSHIP WITH MS. ROLDAN, YOU RECALL HER? CASTRO: YES. 130222 JUDGE: SO YOU ARE ABLE TO CHOOSE WHO YOU WISH TO VICTIMIZE. 130229 JUDGE: THERE WAS SERIOUS PHYSICAL HARM. MISS KNIGHT SUFFERED ON MANY OCCASIONS ACCORDING TO THE INFORMATION. THE OTHERS WERE AS WELL AS MISS KNIGHT SHOWING SIGNS OF MALNOURISHMENT AND SUCH. THERE WAS SERIOUS PSYCHOLOGICAL HARM. SHE TOUCHED UPON THE CAPTIVITY ISSUE AND HOW LIBERATING IT IS NOW. WE ALSO HEARD SOME INFORMATION ABOUT MEDICAL CARE AND HOW THEY DIDN'T EVEN WANT TO COME OUT OF THE HOUSE BECAUSE THEY, AT THAT POINT 2 OF THE WOMEN HAD BEEN ALMOST PROGRAMMED TO STAY THERE NOT BECAUSE THEY WANTED TO BUT BECAUSE THEY WERE AFRAID WHAT THE REPERCUSSIONS WOULD BE IF THEY DID LEAVE THAT YOU WOULD THEN SEE THIS AS A TEST THAT THEY FAILED AND HURT THEM. 130329 JUDGE: I THINK EVEN WITHOUT THE TESTIMONY OF THE EXPERT FROM MICHIGAN ANY PERSON IN AMERICA WOULD UNDERSTAND THAT A PERSON WHO IS HELD CAPTIVE BETWEEN 9 AND 11 YEARS, SEXUALLY ASSAULTED AND SUCH WILL HOLD AND HAVE SERIOUS PSYCHOLOGICAL HARM AS WELL AS THE PHYSICAL HARM. THERE'S ALSO ECONOMIC HARM. I KNOW MS. BERRY WAS COMING FROM WORK AND THEY ALL HAD AN OPPORTUNITY TO WORK BUT YOU DPRIVED THEM OF THAT. AND NOT JUST THE WAGES ALSO DEPRIVED THEM OF THE OPPORTUNITY TO BE OUT IN PUBLIC, TO SOCIALIZE TO BE WITH THEIR FMAILIES, ALL THOSE OTHER THINGS THAT COME UNDER, MAYBE NOT UNDER ECONOMIC HARM, BUT BACK TO THE PSYCHOLOGICAL HARM. 130416 JUDGE: OTHERS INDICATED YOUR CONDUCT GOT MORE SERIOUS WITH AGE. JOCYLYN WAS A VERY YOUNG CHILD AND YET SHE GREW IN A HOUSEHOLD WHERE DOORS WERE LOCKED, PEOPLE WERE CHAINED, UP, WINDOWS WERE COVERED, PEOPLE WERE NOT ALLOWED TO COME OVER AND VISIT. IT WAS ALL, I WOULD BELIEVE THAT INSPECTOR MOORE FROM DRC WOULD AGREE THAT THE CONDITIONS THAT YOUR HOUSE COULD NEVER BE TOLERATED IN THE OHIO PRISON. CASTRO: EXXCUSE ME YOUR HONOR MY DAUGHTER HAD NEVER SEEN THAT ANYONE GOT CHAINED UP. THAT WAS IN THE EARLY YEARS. 130457 JUDGE: WELL ALSO THE AGE OF THE VICTIMS IS IMPORTANT HERE. THEY WERE YOUNG WOMEN, TEENAGERS AND THEY COULD NOT HAVE IMAGINED THAT AN ADULT WOULD TRICK THEM AND IMPRISON THEM AND ENSLAVE THEM AND ABUSE THEM. YOU TOOK ADVANTAGE OF THEIR NAIVITE. AND THE FACT THAT THEY WERE PLEASANT INDIVIDUALS THAT COULD NOT FATHOM THIS TYPE OF BEHAVIOR. 130533 JUDGE: THE RELATIONSHIP ISSUE IS IMPORTANT HERE. YOUR DAUGHTER. I MEAN YOU HAVE EXPOSED A YOUNG CHILD TO UNBELIEVABLE CONDITIONS, IN YOUR MIND THERE WAS HARMONY IN A HAPPY HOUSEHOLD. I'M NOT SURE THERE'S ANYBODY ELSE IN AMERICA THAT WILL AGREE WITH YOU. 130555 JUDGE: AND THERE WERE MANY CRIMES COMMITTED WITHIN THE VICINITY OF YOUR DAUGHTER. THE WOMEN WERE STILL BEING RAPED AND DRPIVED OF FOOD AND LIVING IN DIFFICULT PHYSICAL CONDITIONS. 130610 JUDGE: INDICATES YOUR CONDUCT IS LESS SERIOUS IN 2929.12 C. YOU HAVE INDICATED YOU WERE A VICTIM OF SEXUAL ABUSE. THAT'S POSSIBLE, I DON'T KNOW. I DO KNOW THAT THOSE WHO ARE SEXUALLY ABUSED THERE IS A TENDENCY OF SOME TO ACT OUT AND TO ABUSE OTHERS, BUT THERE ARE MANY AND I SUSPECT MORE WHO MOVE ON FROM THAT AND LIVE A HELATHY LIFE THAT THEY ARE NOT ABUSING OTHERS. YOU INDICIATE THAT YOU DO HAVE A MENTAL ILLNESS BUT I'M NOT AWARE OF ANY THAT. AS YOU'VE APPEARED HERE YOU'VE ALWAYS ANSWERED QUESTIONS AND UNDERSTOOD WHAT'S GOING ON. YOU JUST MADE A CALCULATED DECISION IN THIS INSTANCE TO DO WRONG. AND IF ANYTHING YOU EXHIBIT TO ME ANTI-SOCIAL PERSONALITY DISORDER, I'M NOT A PSYCHOLOGICAL EXPERT SO I DON'T HAVE THE CREDENTIALS OF THOSE WHO SPOKE HERE TODAY BUT YOU HAVE EXTREME NARCISISSM AND IT SEEMS RATHER PERVASIVE. 130719 JUDGE: INDICATORS THAT YOU ARE MORE LIKELY TO REOFFEND, WELL, PRIOR TO THIS THERE WERE NO CONVICTIONS. NOW, YOU SAID THAT YOUR WIFE WOULD IRRITATE YOU, THAT SHE WOULDN'T STOP TALKING AND THEN YOU WOULD RESPOND. WELL, MY UNDERSTANDING FROM THE RECORDS IS THAT SHE SUFFERED A BORKEN NOSE TWICE, SHE HAD BROKEN TEETH AND SHE WAS OTHERWISE ABUSED, BUT THEY WERE NEVER FOLLOWED THROUGH AS A CONVICTION. AND THAT'S UNFORTUNATE. IT'S SOMETHING WE TALK ABOUT WITH ALL FAMILY MEMBERS WHO ARE VICTIMS OF ABUSE, WHETHER THEY'RE A MAN, A WOMAN, A CHILD, A YOUNG ADULT. NO ONE IS ALLOWED TO HAVE VIOLENCE VISITED UPON THEM IN THEIR HOME OR AT THEIR SCHOOL. 130809 JUDGE: I WISH THAT SHE HAD PROSECUTED FOR HER SAKE. AND I KNOW THAT NOW SHE HAS PASSED BUT VICTIMS NEED TO STAND UP FOR THEMSELVES SO THAT THE ABUSE STOPS AND SO THAT THOSE WHO ARE ABUSERS WILL RECEIVE, WHEN POSSIBLE, TREATMENT AND REDIRECTION. AND THAT'S WHAT A COURT IS FOR. YOU HAVE RESOURCES AVAILABLE TO YOU. THE RAPE CRISIS CENTER IS OPEN TO ANYONE WHO IS A VICTIM OF SEXUAL A BUSE, SO IF YOU HAD WANTED TO YOU COULD HAVE CONTACTED THEM. YOUR HOME IS ALSO NEAR TO RECOVERY RESOURCES, THERE'S TAYLOR, THERE'S METRO, IF YOU WANT TO GO AND BE RATED FOR PSYCHIATRIC ISSUES-THERE WERE A LOT OF OPTIONS. BUT ONE OPTION THAT SHOULD NEVER BE AVAILABLE IS THAT YOU KIDNAPPED SOMEONE, SEXUALLY ASSAULT THEM AND TORTURE THEM. JUDGE: THAT'S NEVER GOING TO BE AN ACCEPTABLE REMEDY. 130911 JUDGE: INDICATORS THAT YOU ARE LESS LIKELY TO REOFFEND IN THE GENERAL SENSE. YOU DID WORK, ALTHOUGH I ALSO KNOW YOU HAD A MUCH DIFFERENT VIEW OF YOUR JOB THAN THE JOB REOCRDS WOULD INDICATE. ACCORDING TO THE CLEVELAND METROPOLITAN SCHOOL DISTRICT, YOUR PERFORMANCE WAS NOT ALWAYS ACCEPTABLE, YOU LEFT A CHILD ON A BUS, YOU LEFT TO GO SHOPPING AT 143RD AND PURITUS AND LEAVE YOUR SCHOOL BUS AT AMRKS. I MEAN, THERE ARE-YOU ENDED UP EVENTAULLY LEAVING THAT JOB. YOU ENDED I THINK______ UNTIL THAT JOB. CASTRO: YOUR HONOR, WHEN I CHECKED MY BUS THAT'S WHEN I NOTICED THE CHILD WAS ON THERE. JUDGE: YOU WERE DISCIPLINED FOR THAT. CASTRO: THAT CHILD WOULD NEVER STAY ALONE. JUDGE: BUT YOU WERE DISCIPLINED FOR IT. CASTRO: YES I WAS. JUDGE: AND ULTIMATLEY YOUR WORK AS A SCHOOL BUS DRIVER ENDED, CORRECT? CASTRO: ________________ 131026 JUDGE: AGAIN, KEEPING IN MIND THE PRINCIPLES OF SENTENCING FOR INCAPACITAITON, DETERRENCE, REHABILITAION, AND RESTITUTION, CERTAINLY I'M NOT SURE THAT REHABILITATION WILL BE POSSIBLE IN THIS CASE. IN ANY EVENT, BUT THERE'S CERTAINLY A NEED HERE FOR INCAPCITATION AND DETERRENCE. 131056 JUDGE OF BHEALF OF THE STATE, WITH RESPECT TO YOUR 2 COUNTS OF AGGRAVATED MURDER PROSECTUTION: WE ELECTED TO HAVE THIS SENTENCE IMPOSED ON COUNT 1, MERGE WITH COUNT 2 FOR PURPOSES OF SENTENCING. THANK YOU. 131116 JUDGE: AN YOU HAVE NO OBJECTION ON BEHALF OF THE DEFENSE, CORRECT? NO. JUDGE: ALRIGHT, BASED ON THE ELECTOIN BY THE STATE COUNT 2, CHARGE OF AGGRAVTED MURDER WITH SPECIFICATIONS WILL MERGE INTO COUNT 1. SO MR CASTRO YOU'LL ONLY BE SENTENCED ON COUNT 1 FOR AGGRAVATED MURDER WITH SPECIFICATIONS. CASTRO:_______________ JUDGE: NO 131142 JUDGE: WHAT DO YOU WANT TO SAY, YOU PLED GUILTY TO IT? CASTRO: I KNOW________ BECAUSE THERE WAS NEVER ANY EVIDENCE. THERE WS NO EVIDENCE OF THAT BUT I DON'T WANT TO PUT THIS WOMEN THROUGH ANYMORE PSYCHOLOGICAL SO THAT'S HOWI'M GUILTY TO ME, BUT IT WAS NEVER ANY EVIDENCE OF ME MURDERLIZING A FETUS. THAT NEVER HAPPENED. JUDGE: MR CASTRO YOU TALKED WITH YOUR ATTORNIES AND YOU MADE A DECISION TO PLEAD TO COUNT 1 (INTERRUPTION) CASTRO: I JUST WANT TO CLEAR THE RECORD. I NEVER KILLED ANYONE AND I AM NOT A MURDERER. 131232 JUDGE: SO ON COUNT 1 WITH SPECIFICATIONS OF AGGRAVATED MURDER, COURT IS IMPOSING A SENTENCE OF LIFETIME INCARCERATION WITHOUT POSIBILITY OF PAROL. FOR THE CHARGE OF RAPE AND VIOLATION OF ADVISED CODE 2907.02A2. WITH SEXUALLY VIOLENT PREDATOR SPECIFICATIONS OF FIRST DEGREE. COURT IS IMPOSING MANDATORY MINIMUM INCARCERATION OF NOT LESS THAN 10 YEARS TO A MAXIMUM OF LIFETIME INCARCERATION. AND THAT IS ON COUNTS 3 40 42 47 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81 83 85 87 89 91 93 95 97 293 300 347 THROUGH 360 INCLUSIVE OF EACH AND EVERY ONE. COUNTS 410 THROUGH 428 INCLUSIVE THAT SENTENCE GOES ON EACH AND EVERY COUNT. COUNTS 468 THROUGH 487 INCLUSIVE ON EACH AND EVERY COUNT. COUNTS 518 THROUGH 574 INCLUSIVE ON EACH AND EVERY COUNT. COUNTS 675 THROUGH 671 INCLUSIVE ON EACH AND EVERY COUNT. COUNTS 824 THROUGH 880 INCLUSIVE ON EACH AND EVERY COUNT. 131429 JUDGE: WITH RESPECT TO CHARGE OF RAPE AND VIOLATION OF REVISED CODE SECTION 2907.02A2 WITH SEXUALLY VIOLENT PREDATOR SPECIFICATIONS, FELONY IF OF THE FIRST DEGREE COMMITTED AFTER SEPTEMEBR 30TH 2011. COURT IMPOSES A SENTENCE OF 10 YEARS INCARCERATION ON EACH COUNT. THAT IS SPECIFICALLY WITH RESPECT TO COUNTS 575 THROUGH 594 INCLUSIVE ON EACH AND EVERY COUNT. COUNTS 732 THROUGH 743 INCLUSIVE ON EACH AND EVERY COUNT. COUNTS 881 THROUGH 892 INCLUSIVE ON EACH AND EVERY COUNT. 131512 JUDGE: WITH RESPECT TO CHARGE OF RAPE AND VIOLATION OF REVISED CODE SECTION 2907.02A2 SEXUALLY VIOLENT PREDATOR SPECIFICATIONS, FELONY IF OF THE FIRST DEGREE COMMITTED PRIOR TO SEPTEMEBR 30TH 2011. COURT IMPOSES A SENTENCE OF 10 YEARS INCARCERATION. THAT IS WITH RESPECT TO COUNTS 11 14 18 20 23 25 28 30 32 34 36 38 101 108 110 112 114 116 118 120 122 124 126 128 130 132 134 136 138 140 142 144 146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194 196 198 200 202 204 206 208 210 212 124 126 218 220 222 224 226 228 230 232 235 237 239 241 243 245 247 249 251 253 255 257 259 261 263 265 268 271 274 277 280 283 286 288 291 314 317 323 324 325 THROUGH 346 INCLUSIVE ON EACH AND EVERY COUNT. COUNTS 400 THROUGH 409 INCLUSIVE ON EACH AND EVERY COUNT. AND COUTNS 458 THROUGH 467 INCLUSIVE ON EACH AND EVERY COUNT
Elderly - Flooding - Reax
A look at how the flooding has affected many elderly residents in North Carolina. Amanda Lamb reports.
PRESIDENT JOE BIDEN INAUGURATION POOL 2 ISO HEADON 1125 - 1330 BIDEN AND HARRIS TAKE OATH
AVS NOTE AMANDA GORMAN SPEECH - JENNIFER LOPEZ AND LADY GAGA PERFORMANCES ARE NOT FOR LICENSE FS22 INAUGURATION SPEAKER HEAD ON P00L 2 1125 NBC POOL ISO POOL FEED OF THE US CAPITOL FOR THE INAUGURATION OF JOE BIDEN AND KAMALA HARRIS HIGH SHOT, GUEST BEGIN ARRIVING TO BE SEATED Full Transcripts below 11:36 LADY GAGA 11:41 KAMALA HARRIS TAKES OATH - ADMINISTERED BY SUPREME COURT JUSTICE SONIA SOTOMAYOR 11:43 JENNIFER LOPEZ SINGS "THIS LAND IS YOUR LAND" 11:47 BIDEN SWORN IN BY SUPREME COURT CHIEF JUSTICE JOHN ROBERTS 11:51 BIDEN SPEECH SEN. ROY BLUNT 112502 BLUNT>> Well, I should have known when senator klobuchar got involved, at least there would be a touch of snow up here this morning. Of all the things we considered, I don't think snow was on my agenda until I walked out the door a moment ago. But thank you senator klobuchar, and thanks to the other members of the joint congressional committee on the inauguration, as we officially begin the 59th inaugural ceremony. I also want to thank the joint committee staff and our partners, particularly our security partners for they've -- the way they've dealt with unprecedented circumstances. 112536 When I chaired the inauguration four years ago, I shared President Reagan's 1981 description of this event as "commonplace and miraculous." Commonplace because we've done it every four years since 1789, miraculous because we've done it every four years since 1789. Americans have celebrated this moment during war, during depression and, now, during pandemic. Once again, all three branches of our government come together as the Constitution envisions. 112614 Once again, we renew our commitment to our determined democracy, forging a more perfect union. That theme of this inauguration, our determined democracy, forging a more perfect union, was announced by the joint committee before the election with the belief that the United States can only fulfill its promise and set an example for others if we are always working to be better than we have been. 112643 The constitution established that determined democracy with its first three words, declaring the people as the source of the government. The articles of confederation hadn't done that. The magna carta hadn't done that. Only the constitution says the government exists because the people are the source of the reason it exists. 112705 They immediately followed those first three words with the words "To form a more perfect union." The Founders did not say, "to form a perfect union." They did not claim that in our new country nothing would need to be improved. Fortunately, they understood that always working to be better would be the hallmark of a great democracy. 112728 The freedoms we have today, the nation we have today is not here just because it happened, and they aren't complete -- a great democracy, working through the successes and failures of our history, striving to be better than it had been, and we are more than we have been, and we are less than we hope to be. 112755 The assault on our Capitol at this very place just two weeks ago, reminds us that a government designed to balance and check itself is both fragile and resilient. 112809 During the last year, the pandemic challenged our free and open society and called for extraordinary determination and sacrifice and still challenges us today. Meeting that challenge head on have been and our(?) health care workers, scientists, first responders, essential frontline workers and so many others we depend on in so many ways. Today we come to this moment. People all over the world, as we're here, are watching and will watch what we do here. 112843 Our government comes together. The congress and the courts join the transition of executive responsibility. One political party more pleased today, and on every inaugural day, than the other. But this is not a moment of division. It's a moment of unification. A new administration begins and brings with it a new beginning. 112906 And with that, our great national debate goes forward, and a determined democracy will continue to be essential in pursuit of a more perfect union and a better future for all Americans. What a privilege for me to join you today. Thank you. [applause] I'm pleased to call to the podium a longtime friend of the President Elect and his family, Father Leo O'Donovan to lead us in an invocation. 112937 Please stand if you're able and remain standing for the National Anthem and the pledge to our flag. FATHER LEO O'DONOVAN 113003 O'DONOVAN>> Thank you. 113018 Gracious and merciful god, at this sacred time, we come before you in need, indeed, on our knees. But we come still more with hope and with our eyes raised anew to the vision of a more perfect union in our land, a union of all our citizens to promote the general welfare and secure the blessings of liberty to ourselves and our posterity. 113049 We are a people of many races, creeds and colors, national backgrounds, cultures and styles, now far more numerous and on land much faster than when Archbishop John Carroll wrote his prayer for the inauguration of George Washington 232 years ago. 113111 Archbishop Carroll prayed that you, O creator of all, would assist with your holy spirit of counsel and fortitude the president of these United States, that his administration may be conducted in righteousness and be eminently useful to your people. Today we confess our past failures to live according to our vision of equality, inclusion and freedom for all. Yet we resolutely commit still more now to renewing the vision, to caring for one another in word and deed, especially the least fortunate among us. 113159 And so becoming a light for the world. There is power in each and every one of us that lives by turning to every other one of us. A trust of the spirit to cherish and care and stand by others and, above all, those most in need. It is called love. And its path is to give evermore of itself. Today, it is called American patriotism, born not of power and privilege but of care for the common good, with malice toward none and with charity for all. 113242 For our new president, we beg of you the wisdom, solemn, and sought when he knelt before you and prayed for an understanding heart so that I can govern your people and know the difference between right and wrong. We trust in the counsel of the letter of James. If any of you likes wisdom, you should ask God, who gives generously to all without finding fault, and it will be given to you. 113313 Pope Francis has reminded us how important it is to dream together. "By ourselves," he wrote, "we risk seeing mirages, things that are not there. Dreams, on the other hand, are built together." Be with us, holy mystery of love, as we dream together. Help us, under our new President, to reconcile the people of our land, restore our dream, and invest it with peace and justice and the joy that is the overflow of love. 113358 To the glory of your name, forever, Amen. 113503 [PRESENTATION OF COLORS] 113555 [LADY GAGA ARRIVES] 113646 [LADY GAGA - NATIONAL ANTHEM] 113913 ANNOUNCER>> Ladies and gentlemen, please welcome from the city of South Fulton, Georgia Fire and Rescue Department, president of the International Association of Firefighters local 3920, fire captain Andrea M. Hall for the reciting of the pledge of allegiance. 113932 HALL [SIGNING AND SPEAKING]>>> I pledge allegiance to the flag of the United States of America and to the Republic, for which it stands, one nation under god indivisible with liberty and justice for all. [applause] 114015 KLOB>> What you are all about to be part of, America, is a historic moment of firsts. To administer the oath to our first African-American, our first asian-american and our first woman vice president Kamala Harris, it is my great privilege to welcome to the inaugural stage, the first Latina to ever serve on the supreme court of the United States of America, justice Sonia Sotomayor. 114051 ANNOUNCER>> Ladies and gentlemen, please remain standing for the oath of office followed by musical honors. 114107 SOTOMAYOR>> Please raise your right hand and repeat after me. I, Kamala Devi Harris, do solemnly swear. HARRIS>> I Kamala Devi Harris do solemnly swear. SOTOMAYOR>> That I will support and defend the Constitution of the United States. HARRIS>> That I will support and defend the Constitution of the United States. 114126 SOTOMAYOR>> Against all enemies foreign and domestic. HARRIS>> Against all enemies foreign and domestic. SOTOMAYOR>> That I will bear true faith and allegiance to the same. HARRIS>> That I will bear true faith and allegiance to the same. 114137 SOTOMAYOR>> That I take this obligation freely. HARRIS>> That I take this obligation freely. SOTOMAYOR>> Without any mental reservation or purpose of evasion. 114145 HARRIS>> Without any mental reservation or purpose of evasion. SOTOMAYOR>> That I will well and faithfully discharge HARRIS> That I will well and faithfully discharge. SOTOMAYOR>> The duties of the office on which I am about to enter. HARRIS>> The duties of the office upon which I am about to enter. 114159 SOTOMAYOR>> So help me god. HARRIS>> So help me god. [ Cheers and applause ]. BIDEN>> All right! 114249 ANNOUNCER>> Ladies and gentlemen, please be seated. Please welcome Jennifer Lopez to perform "This Land is Your Land" and "America, the Beautiful," accompanied by members of the president's own United States Marine Band. 114313 [JENNIFER LOPEZ ENTERS] 114354 [SONG BEGINS] 114659 KLOB>> Well, that was great. The sun is shining and, Mr. President-Elect, this is the first inauguration in the history of America where J. Lo was the warm-up act for Chief Justice Roberts. [laughter] With that, it is now my distinct honor to introduce the Chief Justice of the Supreme Court of the United States, John Roberts, to administer the presidential oath to the next president of the United States, Joseph R. Biden. [ Cheers and applause ]. 114739 ANNOUNCER>> Ladies and gentlemen, please stand for the oath of office followed by musical honors. 114810 ROBERTS>> Please raise your right hand and repeat after me. I, Joseph Robinette, Jr., do solemnly swear. BIDEN>> I, Joseph Robinete Biden Jr. do solemnly swear. 114821 ROBERTS>> That I will faithfully execute. BIDEN>> That I will faithfully execute. ROBERTS>> The office of president of the United States. BIDEN>> The office of president of the United States. ROBERTS>> And will to the best of my ability. BIDEN>> And will to the best of my ability. ROBERTS>> Preserve, protect and defend. BIDEN>> Preserve, protect and defend. 114838 ROBERTS>> The constitution of the United States. BIDEN>> The constitution of the United States. ROBERTS>> So help you god? BIDEN>> So help me god. ROBERTS>> Congratulations, Mr. President. [cheers] 114949 ANNOUNCER>> Ladies and gentlemen, please be seated. 115112 KLOB>> My fellow Americans, a moment we have all been waiting for, it is now my great privilege and high honor to be the first person to officially introduce the 46th president of the United States, Joseph R. Biden, Jr. PRESIDENT JOSEPH R. BIDEN JR 115153 BIDEN>> [inaud] Chief Justice Roberts, Vice President Harris, [cheers] Speaker Pelosi, leader Schumer, Leader McConnell, Vice President Pence, and my distinguished guests, my fellow Americans, this is America's day. This is democracy's day, a day of history and hope, of renewal and resolve. Through a crucible for the ages, America has been tested anew. 115233 And America has risen to the challenge. Today we celebrate the triumph, not of a candidate, but of a cause, the cause of democracy. The people, the will of the people, has been heard, and the will of the people has been heeded. 115252 We've learned again that democracy is precious. Democracy is fragile. And at this hour, my friends, democracy has prevailed. [ Applause ] 115308 So now, on this hallowed ground, where just a few days ago violence sought to shake the Capitol's very foundation, we come together as one nation under God, indivisible, to carry out the peaceful transfer of power as we have for more than two centuries. As we look ahead in our uniquely American way, restless, bold, optimistic, and set our sights on the nation we know we can be and we must be. 115344 I thank my predecessors of both parties for their presence here today. I thank them from the bottom of my heart. [applause] And I know -- [ applause cont. ] And I know the resilience of our constitution and the strength, the strength of our nation, as does President Carter who I spoke with last night, who cannot be with us today, but whom we salute for his lifetime in service. 115421 I've just taken the sacred oath each of those patriots have taken. The oath first sworn by George Washington. But the American story depends not on any one of us, not on some of us, but on all of us, on we the people, who seek a more perfect union. This is a great nation. We are good people. And over the centuries, through storm and strife, in peace and in war, we've come so far, but we still have far to go. 115501 We'll press forward with speed and urgency, for we have much to do in this winter of peril and significant possibilities. Much to repair, much to restore, much to heal, much to build, and much to gain. Few people in our nation's history have been more challenged or found a time more challenging or difficult than the time we're in now. 115530 Once in a century virus that silently stalks the country. It's taken as many lives in one year as America lost in all of World War II. Millions of jobs have been lost, hundreds of thousands of businesses closed, a cry for racial justice some 400 years in the making moves us. The dream of justice for all will be deferred no longer. [ Applause ] 115603 A cry for survival comes from planet itself. A cry that can't be any more desperate or any more clear, and now a rise of political extremism, white supremacy, domestic terrorism that we must confront and we will defeat. [Applause] 115626 To overcome these challenges, to restore the soul and secure the future of America, requires so much more than words. It requires the most elusive of all things in a democracy, unity. Unity. In another January, on New Year's Day in 1863, Abraham Lincoln signed the emancipation proclamation. When he put pen to paper, the president said, and I quote, "if my name ever goes down into history, it'll be for this act, and my whole soul is in it." 115706 "My whole soul is in it." Today, on this January day, my whole soul is in this: bringing America together, uniting our people, uniting our nation. And I ask every American to join me in this cause. [applause] 115729 Uniting to fight the foes we face, anger, resentment and hatred, extremism, lawlessness, violence, disease, joblessness and hopelessness. With unity, we can do great things, important things. F 115749 We can right wrongs. We can put people to work in good jobs. We can teach our children in safe schools. We can overcome the deadly virus. We can reward -- reward work and rebuild the middle class and make health care secure for all. We can deliver racial justice and we can make America once again the leading force for good in the world. 115812 I know speaking of unity can sound to some like a foolish fantasy these days. I know that the forces that divide us are deep and they are real. But I also know they are not new. Our history has been a constant struggle between the American ideal that we all are created equal, and the harsh ugly reality that racism, nativism, fear, demonization have long torn us apart. 115848 The battle is perennial, and victory is never assured. Through civil war, the great depression, World War, 9/11, through struggle, sacrifices, and setbacks, our better angels have always prevailed. In each of these moments, enough of us -- enough of us -- have come together to carry all of us forward, and we can do that now. 115917 History, faith, and reason show the way, the way of unity. We can see each other, not as adversaries, but as neighbors. We can treat each other with dignity and respect. We can join forces, stop the shouting, and lower the temperature.For without unity, there is no peace, only bitterness and fury. 115943 No progress, only exhausting outrage. No nation, only a state of chaos. This is our historic moment of crisis and challenge, and unity is the path forward. And we must meet this moment as the United States of America. If we do that, I guarantee you, we will not fail. We have never, ever, ever, ever failed in America when we've acted together. 120016 And so today, at this time, in this place, let's start afresh, all of us. Let's begin to listen to one another again. WASH 6 PRESIDENT BIDEN INAUGURATION CAPITOL ISO POOL 01202021 120000 120028 Hear one another. See one another. Show respect to one another. Politics doesn't have to be a raging fire, destroying everything in its path. Every disagreement doesn't have to be a cause for total war. And we must reject the culture in which facts themselves are manipulated, and even manufactured. [ Applause ] 120101 My fellow Americans, we have to be different than this. America has to be better than this, and I believe America is so much better than this. Just look around. Here we stand, in the shadow of the Capitol dome, as it was mentioned earlier, completed amid the civil war, when the union itself was literally hanging in the balance. Yet, we endured. We prevailed. 120126 Here we stand, looking out on the great mall where Dr. King spoke of his dream. Here we stand where, 108 years ago at another inaugural, thousands of protesters tried to block brave women marching for the right to vote. And today, we mark the swearing of the first woman in American history elected to national office, Vice President Kamala Harris. 120155 Don't tell me things can't change! [applause] 120201 Here we stand, across the Potomac, from Arlington Cemetary, where heroes who gave the last full measure of devotion, rest in eternal peace. And here we stand, just days after a riotous mob thought they could use violence to silence the will of the people, to stop the work of our democracy, to drive us from this sacred ground. It did not happen. It will never happen. Not today. Not tomorrow. Not ever. 120234 Not ever. [ Cheers and applause ] To all those who supported our campaign, I'm humbled by the faith you've placed in us. To all of those who did not support us, let me say this. Hear me out as we move forward. Take a measure of me and my heart. 120259 If you still disagree, so be it. That's democracy. That's America. The right to dissent peaceably. Within the guardrails of our republic it's perhaps this nation's greatest strength. Yet hear me clearly, disagreement must not lead to disunion. And I pledge this to you, I will be a president for all Americans, all Americans. [ Applause ] 120331 And I promise you, I will fight as hard for those who did not support me as for those who did. [ Applause ] Many centuries ago, St. Augustin, a saint in my church, wrote that a people was a multitude defined by the common objects of their love. Defined by the common objects of their love. What are the common objects we as Americans love, that define us as Americans? 120402 I think we know. Opportunity, security, liberty, dignity, respect, honor and, yes, the truth. [Applause] The recent weeks and months have taught us a painful lesson. There is truth and there are lies, lies told for power and for profit. 120427 And each of us has a duty and a responsibility as citizens, as Americans, and especially as leaders, leaders who have pledged to honor our Constitution and protect our nation, to defend the truth and defeat the lies. [applause] 120446 Look -- [Applause] -- I understand that many of my fellow Americans view the future with fear and trepidation. I understand they worry about their jobs. I understand like my dad, they lay in bed wondering, can I keep my health care, can I pay my mortgage. Thinking about their families, about what comes next. I promise you, I get it. 120518 But the answer is not to turn inward, to retreat into competing factions, distrusting those who don't look like -- look like you or worship the way you do or don't get their news from the same source as you do. We must end this uncivil war that pits red against blue, rural versus -- rural versus urban, conservative versus liberal. We can do this if we open our souls instead of hardening our hearts. 120553 If we show a little tolerance and humility, and if we are willing to stand in the other person's shoes -- as my mom would say -- just for a moment, stand in their shoes. Because here's the thing about life: there's no accounting for what fate will deal you. 120616 Some days, when you need a hand. There are other days when we're called to lend a hand. That's how it has to be. That's what we do for one another. 120630 And if we are this way, our country will be stronger, more prosperous, more ready for the future. And we can still disagree. My fellow Americans, in the work ahead of us, we're going to need each other. We need all our strength to preserve -- to persevere through this dark winter. We're entering what may be the toughest and deadliest period of the virus. 120657 We must set aside politics and finally face this pandemic as one nation, one nation. And I promise you this. As the bible says, "weep, ye may endure for a night, but joy cometh in the factmorning." We will get through this together. Together. Look, folks, all my colleagues that I served with in the house and the senate up here, we all understand, the world is watching, watching all of us today. So here's my message to those beyond our borders. 120741 America has been tested, and we've come out stronger for it. We will repair our alliances and engage with the world once again. Not to meet yesterday's challenges, but today's and tomorrow's challenges. [ Applause ] 120800 And we'll lead not merely by the example of our power, but by the power of our example. [ Applause ] We'll be a strong and trusted partner for peace, progress, and security. 120816 Look, you all know, we've been through so much in this nation. In my first act as president, I'd like to ask you to join me in a moment of silent prayer to remember all those who we lost in this past year to the pandemic, those 400,000 fellow Americans -- moms, dads, husbands, wives, sons, daughters, friends, neighbors, and co-workers. We'll honor them by becoming the people and the nation we know we can and should be. 120850 So, I ask you, let's say a silent prayer for those who have lost their lives and those left behind and for our country. 120858 [MOMENT OF SILENCE] 120908 BIDEN>> Amen. Folks, this is a time of testing. We face an attack on our democracy and on truth. A raging virus, growing inequity, the sting of systemic racism, a climate in crisis. America's role in the world. Any one of these would be enough to challenge us in profound ways. But the fact is, we face them all at once. Presenting this nation with one of the gravest responsibilities we've had. Now we're going to be tested. 120945 Are we going to step up, all of us? It's time for boldness, for there is so much to do. And this is certain. I promise you, we will be judged, you and I, by how we resolve these cascading crises of our era. We will rise to the occasion, is the question. Will we master this rare and difficult hour? 121013 Will we meet our obligations, and pass along a new and better world to our children? I believe we must. I'm sure you do as well. I believe we will. And when we do, we'll write the next great chapter in the history of the United States of America, the American story, a story that might sound something like a song that means a lot to me. It's called "American Anthem." And there's one verse that stands out, at least for me. 121044 And it goes like this: "The work and prayers of century have brought us to this day. What shall be our legacy? What will our children say? Let me know in my heart when my days are through. America, America, I gave my best to you." Let's add. Let's, us, add our own work and prayers to the unfolding story of our great nation. 121115 If we do this, then when our days are through, our children and our children's children will say of us, they gave their best, they did their duty, they healed a broken land. My fellow Americans, I close the day where I began, with a sacred oath before God and all of you. I give you my word, I will always level with you. I will defend the Constitution. I'll defend our democracy. I'll defend America. 121150 And I'll give all, all of you, keep everything you -- I do in your service, thinking not of power but of possibilities, not of personal injuries but the public good. And together we shall write an American story of hope, not fear. Of unity, not division. Of light, not darkness. A story of decency and dignity, love and healing, greatness and goodness. 121219 May this be the story that guides us, the story that inspires us, and the story that tells ages yet to come that we answered the call of history, we met the moment. Democracy and hope, truth and justice, did not die on our watch, but thrived, that America secured liberty at home and stood once again as a beacon to the world. That is what we owe our forebears, one another, and generations to follow. 121253 So, with purpose and resolve, we turn to those tasked of our time, sustained by faith, driven by conviction, and devoted to one another and the country we love with all our hearts. May God bless America and may God protect our troops. Thank you, America. [ Cheers and applause ] 121350 ANNOUNCER>> Ladies and gentlemen, please be seated. Ladies and gentlemen, please welcome Garth Brooks to perform "Amazing Grace." 121409 [GARTH BROOKS ENTERS] 121418 ["AMAZING GRACE" STARTS] 121605 BROOKS>> I'd like to ask you to sing this last verse with me, not just the people here but the people at home, at work, as one, united. ["AMAZING GRACE" CONT.] 121728 ANNOUNCER>> (inuad.) 121744 BLUNT>> Hard not to be reminded of president Obama's singing that same song at the mother Emanuel church. [ Applause ] The song that in our culture is as close to both poetry and prayer as you could possibly come. 121800 And we're going to finish with those two things. Let me introduce Amanda Gorman, our nation's first ever national poet laureate. [ Applause ] AMANDA GORMAN 121840 GORMAN>> Mr. President, Dr. Biden, Madam Vice President, Mr. Emhoff, Americans and the world, when day comes, we ask ourselves where can we find light in this never ending shade? The loss we carry, a sea we must wade. We braved the belly of the beast. 121906 We've learned that quiet isn't always peace and the norms and notions of what just is, isn't always justice. And yet the dawn is hours before we knew it, somehow we do it, somehow we've weathered and witnessed a nation that isn't broken but simply unfinished. 121933 We, the successors of a country and a time, where a skinny black girl descended from slaves and raised by a single mother can dream of becoming president, only to find herself reciting for one. 121950 And yes, we are far from polished, far from pristine, but that doesn't mean we are striving to form a union that is perfect. We are striving to forge our union with purpose, to compose a country committed to all cultures, colors, characters, and conditions of man. And so we lift our gazes not to what stands between us but what stands before us. We close the divide because we know to put our future first. We must first put our differences aside. 122027 We lay down our arms so we can reach out our arms to one another We seek harm to none and harmony for all. Let the globe, if nothing else, say this is true, that even as we grieved, we grew. That even as we hurt, we hoped. That even as we tired, we tried. That we'll forever be tied together, victorious, not because we will never again know defeat, but because we will never again sow division. 122102 Scripture tells us to envision that everyone shall sit under their own vine and fig tree, and no one shall make them afraid. 122111 If we're to live up to our own time, then victory won't lighten the blade but in all the bridges we've made, that is the promise to glade, the hill we climb if only we dare, it's because being American is more than a pride we inherit. It's the past we stepped into and how we repair it. 122134 We've seen a force that would shatter our nation rather than share it, would destroy our country if it meant delaying democracy. 122144 And this effort very nearly succeeded. But while democracy can be periodically delayed, it can never be permanently defeated. In this truth, in this faith, we trust. For while we have our eyes on the future, history has its eyes on us. 122204j This is the era of just redemption. We feared -- at its deception. We did not feel prepared to be the heirs of such a terrifying hour, but within it we found the power to author a new chapter, to offer hope and laughter to ourselves. 122221 So, while once we asked, "how could we possibly prevail over catastrophe?", now we assert, "how could catastrophe possibly prevail over us?" We will not march back to what was, but move to what shall be, a country that is bruised but whole, benevolent but bold, fierce and free. We will not be turned around or interrupted by intimidation. 122251 Because we know our inaction and inertia will be the inheritance of the next generation. Our blunders become their burdens. But one thing is certain. If we merge mercy with might and might with right, then love becomes our legacy and change, our children's birth right. 122316 So let us leave behind a country better than one we were left with, every breath from my bronze pounded chest, we will raise this wounded world into a wondrous one. We will rise through the gold-limbed hills in the west, we will rise from the windswept northeast where our forefathers first realized revolution. We will rise from the lake-rimmed cities of the midwestern states. 122340 We will rise from the sun baked south. We will rebuild, reconcile, and recover, in every known nook of our nation, in every corner called our country, our people diverse and beautiful, will emerge battered and beautiful. When day comes, we step out of the shade, aflame and unafraid. 122400 The new dawn blooms as we free it for there is always light if only we're brave enough to see it, if only we're brave enough to be it. [Applause] 122434 BLUNT>> Thank you, Amanda Gorman. Now, for our benediction, I'm pleased to introduce Reverend Dr. Silvester Beaman, the pastor of the Bethel African Methodist Episcopal Church in Wilmington, Delaware, a friend of President Biden for 30 years. REV. DR SILVESTER BEAMAN 122514 BEAMAN>> As a nation and people of faith, gathered in this historical moment, let us unite in prayer. God, we gather under the beauty of your holiness and the holiness of your beauty. We seek your face, your smile, your warm embrace. 122540 We petition you once more in this celebration. We pray for divine favor upon our president, Joseph R. Biden, and our first lady, Dr. Jill Biden and their family. We further ask that you would extend the same favor upon our vice president, Kamala D. Harris, and our second gentleman, Doug Emhoff, and their family. 122610 More than ever, more than ever, they and our nation need you. We need you, for in you we discover our common humanity. In our common humanity, we will seek out the wounded, and bind their wounds. We will seek healing for those who are sick and diseased. We will mourn our dead. 122641 We will befriend the lonely, the least, and the left out. We will share our abundance with those who are hungry. We will do justly to the oppressed. Acknowledge sin and seek forgiveness, thus grasping reconciliation. In discovering our humanity, we will seek the good in and for all our neighbors. We will love the unlovable, remove the stigma of the so-called untouchables. We will care for our most vulnerable, our children, the elderly, emotionally challenged, and the poor. 122720 We will seek rehabilitation beyond correction. We'll extend opportunities to those locked out of opportunity. We will make friends of our enemies. We will make friends of our enemies. People, your people, shall no longer raise up weapons against one another. We will, rather, use our resources for the national good, and become a beacon of life and goodwill to the world. 122753 And neither shall we learn hatred anymore. We will lie down in peace and not make our neighbors afraid. In you, oh, god, we discover our humanity. In our humanity, we discover our commonness beyond the difference of color, creed, origin, political party, ideology, geography, and personal preferences. 122819 We'll become greater stewards of your environment, preserving the land, reaping from it a sustainable harvest, and securing its wonder and miracle giving power for generations to come. 122837 This is our benediction. That from these hallowed grounds, where slaves labored to build this shrine and citadel to liberty and democracy, let us all acknowledge from the indigenous native American to those who recently received their citizenship, from the African-American to those whose foreparents came from Europe and every corner of the globe, from the wealthy to those struggling to make it, every human being regardless of their choices, that this is our country. As such, teach us, oh, god. 122923 As such, teach us, oh, God, to live in it, love in it, be healed in it, and reconcile to one another in it, lest we miss kingdom's goal. To your glory, majesty, dominion, and power forever. Hallelujah, glory hallelujah. In the strong name of our collective faith, amen. 123000 ANNOUNCER>> Please remain standing as the Armed Forces Color Guard retires our national colors. 123017 [RETIRING OF THE COLORS] 123105 ANNOUNCER>> Ladies and gentlemen, please be seated and remain in your seats while the President and the official party depart the platform. For safety reasons, your ushers will release your sections in an organized manner, following the playing of our national march, the Stars and Stripes Forever. 123122 [SONG STARTS] 123130 [PRESIDENT BIDEN AND PRESIDENT OBAMA HUG] 123146 [PRESIDENT BUSH TOUCHES PRESIDENT BIDEN'S SHOULDER] 123157 [PRESIDENT BIDEN SPEAKS TO PRESIDENT CLINTON] 123250 [PRESIDENT BIDEN AND DR JILL BIDEN GO INSIDE] 123336 BIDEN (OFF-SCREEN)>> Thank you all. JILL (OFF-SCREEN)>> Appreciate it. BIDEN (OFF-SCREEN)>> Did a lot of work for me, thank you all. Thank you. 123437 BIDEN (OFF-SCREEN)>> Hey, guys. JILL (OFF-SCREEN)>> Hello. BIDEN (OFF-SCREEN)>> How are you? BYSTANDER (OFF-SCREEN)>> Congratulations. BIDEN (OFF-SCREEN)>> Thank you. JILL (OFF-SCREEN)>> Thank you very much. BYSTANDER (OFF-SCREEN)>> (unintell.) BIDEN (OFF-SCREEN)>> Thank you. JILL (OFF-SCREEN)>> Thank you. 123509 BYSTANDER (OFF-SCREEN)>> Congratulations. HARRIS (OFF-SCREEN)>> Thank you all. Thank you very much. Thank you. 123613 [BARACK OBAMA AND BILL CLINTON GREET EACH OTHER] 123633 [PRESIDENT OBAMA AND HILLARY CLINTON HUG] 123815 [PRESIDENT OBAMA AND LADY GAGA HUG] 123840 [AMANDA GORMAN AND BILL CLINTON CHAT] 124110 [HILLARY CLINTON TALK WITH LAURA BUSH] 124126 [HILLARY CLINTON AND LADY GAGA HUG & CHAT] 124304 BARACK OBAMA (EXITING)>> Fantastic, how are you? Good to see you, Elizabeth. Nice to see you! How you been, my brother? You know [inaud] Good to see you! Hold down the fort in Delaware. You doing alright? [inaud] Everybody's good? Alright. Good to have you, Elizabeth. You're doing a really good job. Good to see you again. We'll catch up. I've got some thoughts and ideas [inaud]. 124355 [MICHELLE OBAMA, COREY BOOKER, AND ROSARIO DAWSON CHATTING IN BG] 124416 [EMHOFF CHILDREN EXIT] 124453 [ELIZABETH WARREN AND BILL CLINTON SHAKE HANDS] 124741 [GAGA ESCORTED UP STEPS, EXITS] #### WASH 5 PRESIDENT BIDEN INAUGURATION CAPITOL SWITCHED POOL 1 01202021 120000 (exiting) 123336 BIDEN>> Thank you all. JILL>> Appreciate it. BIDEN>> Did a lot of work for me, thank you all. Thank you. 123415 [KAMALA HARRIS AND DOUG EMHOFF ENTER BUILDING] 123437 BIDEN>> Hey, guys. JILL>> Hello. BIDEN>> How are you? BYSTANDER>> Congratulations. BIDEN>> Thank you. JILL>> Thank you very much. BYSTANDER>> (unintell.) BIDEN>> Thank you. JILL>> Thank you. 123509 BYSTANDER>> Congratulations. HARRIS>> Thank you all. Thank you very much. Thank you. 123601 [MIKE AND KAREN PENCE ENTER BUILDING] 123722 [NANCY PELOSI ENTERING BUILDING] 123731 [MIKE PENCE TALKING WITH AMY KLOBUCHAR] 123756 [OBAMA SHAKING HANDS WITH AMANDA GORMAN] 123800 [OBAMA SHAKING HANDS WITH LADY GAGA] 123840 [BILL CLINTON TALKING WITH AMANDA GORMAN] 124830 (on capitol steps) HARRIS>> .. at least more than the last (?). PAUL PELOSI>> So, Robert (?) says to me hello and my pal Lindel(?) is (?) yesterday and -- >>Keys? HARRIS>> Okay. [HARRIS' ENTER BUILDING] PAUL PELOSI>> Alright. PELOSI>> Congratulations. Congratulations. PAUL PELOSI>> Well done. Almost there. --
Amanda Burden and Charlie Rose at Jony And Marc's (RED) Auction
Amanda Burden and Charlie Rose at Jony And Marc's (RED) Auction at Sotheby's on 2013-11-23 in New York City.
EVENT CAPSULE CLEAN: 2012 Tribeca Film Festival - Vanity Fair Party, on 04/17/12 in New York
EVENT CAPSULE CLEAN: 2012 Tribeca Film Festival - Vanity Fair Party, on 04/17/12 in New York, NY, United States. (Footage by WireImage Video/Getty Images Entertainment Video)
PRESIDENT JOE BIDEN INAUGURATION POOL 1 SWITCHED 1105-1315 BIDEN AND HARRIS TAKE OATH
AVS NOTE AMANDA GORMAN SPEECH - JENNIFER LOPEZ AND LADY GAGA PERFORMANCES ARE NOT FOR LICENSE FS21 CAP HILL SWITCH POOL 1 1105 NBC POOL SWITCHED POOL FEED OF THE US CAPITOL FOR THE INAUGURATION OF JOE BIDEN AND KAMALA HARRIS 111826 [JOE BIDEN AND JILL BIDEN ENTER] Full Transcripts below AMY KLOBUCHAR 112003 KLOBUCHAR>> Vice President Pence, Mr. President-Elect, Madam vice President-Elect, members of Congress and the Judicial branch, former Presidents and First Ladies, Vice Presidents, leaders from abroad and a whole bunch of Bidens, America, welcome to the 59th Presidential inauguration where, in just a few moments, Joe Biden and Kamala Harris will take their solemn oaths. [cheers] 112034 This ceremony is the culmination of 244 years of a democracy. It is the moment when leaders brought to the stage by the will of the people promise to be faithful to our constitution, to cherish it and defend it. It is the moment when they become, as we all should be, guardians of our country. 112058 Have we become too jaded, too accustomed to the ritual of the passing of the torch of democracy to truly appreciate what a blessing and a privilege it is to witness this moment? I think not. Two weeks ago when an angry violent mob staged an insurrection and desecrated this temple of our democracy, it awakened us to our responsibilities as Americans. 112128 This is the day when our democracy picks itself up, brushes off the dust, and does what America always does: goes forward as a nation, under god, indivisible, with liberty and justice for all. [ Cheers and applause ] 112149 This conveyance of a sacred trust between our leaders and our people takes place in front of this shining Capitol dome for a reason. When Abraham Lincoln gave his first inaugural address in front of this Capitol, the dome was only partially constructed, braced by ropes of steel. He promised he would finish it. He was criticized for spending funds on it during the Civil War. 112215 To those critics, he replied, "if the people see the Capitol going on, it is a sign we intend the union shall go on." And it did, and it will. [applause] 112229 Generations of Americans gave their lives to preserve our republic in this place. Great legislation to protect civil rights and economic security and lead the world was debated and crafted under this dome. Now it falls on all of us, not just the two leaders we are inaugurating today, to take up the torch of our democracy, not as a weapon of political arson but as an instrument for good. 112259 We pledge today never to take our democracy for granted as we celebrate its remarkable strength. We celebrate its resilience, its grit. We celebrate the ordinary people doing extraordinary things for our nation. The doctors and nurses on the front line of this pandemic, the officers in the capitol, a new generation never giving up hope for justice. We celebrate a new president, Joe Biden, who vows to restore the soul of America and cross the river of our divides to a higher plane. 112335 And we celebrate our first African American, first Asian American and first woman Vice President [applause] Kamala Harris, who stands on the shoulders of so many on this platform, who have forged the way to this day. When she takes the oath of office, little girls and boys across the world will know that anything and everything is possible. 112402 And in the end, that is America, our democracy, a country of so much good, and today, on these Capitol steps and before this glorious field of flags, we rededicate ourselves to its cause. Thank you. [ Applause ] It is now my honor to introduce to you the Senator who has worked with me and so many others to make this ceremony possible, my friend and the chair of the inaugural committee, Missouri senator, Roy Blunt. SEN. ROY BLUNT 112502 BLUNT>> Well, I should have known when senator klobuchar got involved, at least there would be a touch of snow up here this morning. Of all the things we considered, I don't think snow was on my agenda until I walked out the door a moment ago. But thank you senator klobuchar, and thanks to the other members of the joint congressional committee on the inauguration, as we officially begin the 59th inaugural ceremony. I also want to thank the joint committee staff and our partners, particularly our security partners for they've -- the way they've dealt with unprecedented circumstances. 112536 When I chaired the inauguration four years ago, I shared President Reagan's 1981 description of this event as "commonplace and miraculous." Commonplace because we've done it every four years since 1789, miraculous because we've done it every four years since 1789. Americans have celebrated this moment during war, during depression and, now, during pandemic. Once again, all three branches of our government come together as the Constitution envisions. 112614 Once again, we renew our commitment to our determined democracy, forging a more perfect union. That theme of this inauguration, our determined democracy, forging a more perfect union, was announced by the joint committee before the election with the belief that the United States can only fulfill its promise and set an example for others if we are always working to be better than we have been. 112643 The constitution established that determined democracy with its first three words, declaring the people as the source of the government. The articles of confederation hadn't done that. The magna carta hadn't done that. Only the constitution says the government exists because the people are the source of the reason it exists. 112705 They immediately followed those first three words with the words "To form a more perfect union." The Founders did not say, "to form a perfect union." They did not claim that in our new country nothing would need to be improved. Fortunately, they understood that always working to be better would be the hallmark of a great democracy. 112728 The freedoms we have today, the nation we have today is not here just because it happened, and they aren't complete -- a great democracy, working through the successes and failures of our history, striving to be better than it had been, and we are more than we have been, and we are less than we hope to be. 112755 The assault on our Capitol at this very place just two weeks ago, reminds us that a government designed to balance and check itself is both fragile and resilient. 112809 During the last year, the pandemic challenged our free and open society and called for extraordinary determination and sacrifice and still challenges us today. Meeting that challenge head on have been and our(?) health care workers, scientists, first responders, essential frontline workers and so many others we depend on in so many ways. Today we come to this moment. People all over the world, as we're here, are watching and will watch what we do here. 112843 Our government comes together. The congress and the courts join the transition of executive responsibility. One political party more pleased today, and on every inaugural day, than the other. But this is not a moment of division. It's a moment of unification. A new administration begins and brings with it a new beginning. 112906 And with that, our great national debate goes forward, and a determined democracy will continue to be essential in pursuit of a more perfect union and a better future for all Americans. What a privilege for me to join you today. Thank you. [applause] I'm pleased to call to the podium a longtime friend of the President Elect and his family, Father Leo O'Donovan to lead us in an invocation. 112937 Please stand if you're able and remain standing for the National Anthem and the pledge to our flag. FATHER LEO O'DONOVAN 113003 O'DONOVAN>> Thank you. 113018 Gracious and merciful god, at this sacred time, we come before you in need, indeed, on our knees. But we come still more with hope and with our eyes raised anew to the vision of a more perfect union in our land, a union of all our citizens to promote the general welfare and secure the blessings of liberty to ourselves and our posterity. 113049 We are a people of many races, creeds and colors, national backgrounds, cultures and styles, now far more numerous and on land much faster than when Archbishop John Carroll wrote his prayer for the inauguration of George Washington 232 years ago. 113111 Archbishop Carroll prayed that you, O creator of all, would assist with your holy spirit of counsel and fortitude the president of these United States, that his administration may be conducted in righteousness and be eminently useful to your people. Today we confess our past failures to live according to our vision of equality, inclusion and freedom for all. Yet we resolutely commit still more now to renewing the vision, to caring for one another in word and deed, especially the least fortunate among us. 113159 And so becoming a light for the world. There is power in each and every one of us that lives by turning to every other one of us. A trust of the spirit to cherish and care and stand by others and, above all, those most in need. It is called love. And its path is to give evermore of itself. Today, it is called American patriotism, born not of power and privilege but of care for the common good, with malice toward none and with charity for all. 113242 For our new president, we beg of you the wisdom, solemn, and sought when he knelt before you and prayed for an understanding heart so that I can govern your people and know the difference between right and wrong. We trust in the counsel of the letter of James. If any of you likes wisdom, you should ask God, who gives generously to all without finding fault, and it will be given to you. 113313 Pope Francis has reminded us how important it is to dream together. "By ourselves," he wrote, "we risk seeing mirages, things that are not there. Dreams, on the other hand, are built together." Be with us, holy mystery of love, as we dream together. Help us, under our new President, to reconcile the people of our land, restore our dream, and invest it with peace and justice and the joy that is the overflow of love. 113358 To the glory of your name, forever, Amen. 113503 [PRESENTATION OF COLORS] 113555 [LADY GAGA ARRIVES] 113646 [LADY GAGA - NATIONAL ANTHEM] 113913 ANNOUNCER>> Ladies and gentlemen, please welcome from the city of South Fulton, Georgia Fire and Rescue Department, president of the International Association of Firefighters local 3920, fire captain Andrea M. Hall for the reciting of the pledge of allegiance. 113932 HALL [SIGNING AND SPEAKING]>>> I pledge allegiance to the flag of the United States of America and to the Republic, for which it stands, one nation under god indivisible with liberty and justice for all. [applause] 114015 KLOB>> What you are all about to be part of, America, is a historic moment of firsts. To administer the oath to our first African-American, our first asian-american and our first woman vice president Kamala Harris, it is my great privilege to welcome to the inaugural stage, the first Latina to ever serve on the supreme court of the United States of America, justice Sonia Sotomayor. 114051 ANNOUNCER>> Ladies and gentlemen, please remain standing for the oath of office followed by musical honors. 114107 SOTOMAYOR>> Please raise your right hand and repeat after me. I, Kamala Devi Harris, do solemnly swear. HARRIS>> I Kamala Devi Harris do solemnly swear. SOTOMAYOR>> That I will support and defend the Constitution of the United States. HARRIS>> That I will support and defend the Constitution of the United States. 114126 SOTOMAYOR>> Against all enemies foreign and domestic. HARRIS>> Against all enemies foreign and domestic. SOTOMAYOR>> That I will bear true faith and allegiance to the same. HARRIS>> That I will bear true faith and allegiance to the same. 114137 SOTOMAYOR>> That I take this obligation freely. HARRIS>> That I take this obligation freely. SOTOMAYOR>> Without any mental reservation or purpose of evasion. 114145 HARRIS>> Without any mental reservation or purpose of evasion. SOTOMAYOR>> That I will well and faithfully discharge HARRIS> That I will well and faithfully discharge. SOTOMAYOR>> The duties of the office on which I am about to enter. HARRIS>> The duties of the office upon which I am about to enter. 114159 SOTOMAYOR>> So help me god. HARRIS>> So help me god. [ Cheers and applause ]. BIDEN>> All right! 114249 ANNOUNCER>> Ladies and gentlemen, please be seated. Please welcome Jennifer Lopez to perform "This Land is Your Land" and "America, the Beautiful," accompanied by members of the president's own United States Marine Band. 114313 [JENNIFER LOPEZ ENTERS] 114354 [SONG BEGINS] 114659 KLOB>> Well, that was great. The sun is shining and, Mr. President-Elect, this is the first inauguration in the history of America where J. Lo was the warm-up act for Chief Justice Roberts. [laughter] With that, it is now my distinct honor to introduce the Chief Justice of the Supreme Court of the United States, John Roberts, to administer the presidential oath to the next president of the United States, Joseph R. Biden. [ Cheers and applause ]. 114739 ANNOUNCER>> Ladies and gentlemen, please stand for the oath of office followed by musical honors. 114810 ROBERTS>> Please raise your right hand and repeat after me. I, Joseph Robinette, Jr., do solemnly swear. BIDEN>> I, Joseph Robinete Biden Jr. do solemnly swear. 114821 ROBERTS>> That I will faithfully execute. BIDEN>> That I will faithfully execute. ROBERTS>> The office of president of the United States. BIDEN>> The office of president of the United States. ROBERTS>> And will to the best of my ability. BIDEN>> And will to the best of my ability. ROBERTS>> Preserve, protect and defend. BIDEN>> Preserve, protect and defend. 114838 ROBERTS>> The constitution of the United States. BIDEN>> The constitution of the United States. ROBERTS>> So help you god? BIDEN>> So help me god. ROBERTS>> Congratulations, Mr. President. [cheers] 114949 ANNOUNCER>> Ladies and gentlemen, please be seated. 115112 KLOB>> My fellow Americans, a moment we have all been waiting for, it is now my great privilege and high honor to be the first person to officially introduce the 46th president of the United States, Joseph R. Biden, Jr. PRESIDENT JOSEPH R. BIDEN JR 115153 BIDEN>> [inaud] Chief Justice Roberts, Vice President Harris, [cheers] Speaker Pelosi, leader Schumer, Leader McConnell, Vice President Pence, and my distinguished guests, my fellow Americans, this is America's day. This is democracy's day, a day of history and hope, of renewal and resolve. Through a crucible for the ages, America has been tested anew. 115233 And America has risen to the challenge. Today we celebrate the triumph, not of a candidate, but of a cause, the cause of democracy. The people, the will of the people, has been heard, and the will of the people has been heeded. 115252 We've learned again that democracy is precious. Democracy is fragile. And at this hour, my friends, democracy has prevailed. [ Applause ] 115308 So now, on this hallowed ground, where just a few days ago violence sought to shake the Capitol's very foundation, we come together as one nation under God, indivisible, to carry out the peaceful transfer of power as we have for more than two centuries. As we look ahead in our uniquely American way, restless, bold, optimistic, and set our sights on the nation we know we can be and we must be. 115344 I thank my predecessors of both parties for their presence here today. I thank them from the bottom of my heart. [applause] And I know -- [ applause cont. ] And I know the resilience of our constitution and the strength, the strength of our nation, as does President Carter who I spoke with last night, who cannot be with us today, but whom we salute for his lifetime in service. 115421 I've just taken the sacred oath each of those patriots have taken. The oath first sworn by George Washington. But the American story depends not on any one of us, not on some of us, but on all of us, on we the people, who seek a more perfect union. This is a great nation. We are good people. And over the centuries, through storm and strife, in peace and in war, we've come so far, but we still have far to go. 115501 We'll press forward with speed and urgency, for we have much to do in this winter of peril and significant possibilities. Much to repair, much to restore, much to heal, much to build, and much to gain. Few people in our nation's history have been more challenged or found a time more challenging or difficult than the time we're in now. 115530 Once in a century virus that silently stalks the country. It's taken as many lives in one year as America lost in all of World War II. Millions of jobs have been lost, hundreds of thousands of businesses closed, a cry for racial justice some 400 years in the making moves us. The dream of justice for all will be deferred no longer. [ Applause ] 115603 A cry for survival comes from planet itself. A cry that can't be any more desperate or any more clear, and now a rise of political extremism, white supremacy, domestic terrorism that we must confront and we will defeat. [Applause] 115626 To overcome these challenges, to restore the soul and secure the future of America, requires so much more than words. It requires the most elusive of all things in a democracy, unity. Unity. In another January, on New Year's Day in 1863, Abraham Lincoln signed the emancipation proclamation. When he put pen to paper, the president said, and I quote, "if my name ever goes down into history, it'll be for this act, and my whole soul is in it." 115706 "My whole soul is in it." Today, on this January day, my whole soul is in this: bringing America together, uniting our people, uniting our nation. And I ask every American to join me in this cause. [applause] 115729 Uniting to fight the foes we face, anger, resentment and hatred, extremism, lawlessness, violence, disease, joblessness and hopelessness. With unity, we can do great things, important things. F 115749 We can right wrongs. We can put people to work in good jobs. We can teach our children in safe schools. We can overcome the deadly virus. We can reward -- reward work and rebuild the middle class and make health care secure for all. We can deliver racial justice and we can make America once again the leading force for good in the world. 115812 I know speaking of unity can sound to some like a foolish fantasy these days. I know that the forces that divide us are deep and they are real. But I also know they are not new. Our history has been a constant struggle between the American ideal that we all are created equal, and the harsh ugly reality that racism, nativism, fear, demonization have long torn us apart. 115848 The battle is perennial, and victory is never assured. Through civil war, the great depression, World War, 9/11, through struggle, sacrifices, and setbacks, our better angels have always prevailed. In each of these moments, enough of us -- enough of us -- have come together to carry all of us forward, and we can do that now. 115917 History, faith, and reason show the way, the way of unity. We can see each other, not as adversaries, but as neighbors. We can treat each other with dignity and respect. We can join forces, stop the shouting, and lower the temperature.For without unity, there is no peace, only bitterness and fury. 115943 No progress, only exhausting outrage. No nation, only a state of chaos. This is our historic moment of crisis and challenge, and unity is the path forward. And we must meet this moment as the United States of America. If we do that, I guarantee you, we will not fail. We have never, ever, ever, ever failed in America when we've acted together. 120016 And so today, at this time, in this place, let's start afresh, all of us. Let's begin to listen to one another again. WASH 6 PRESIDENT BIDEN INAUGURATION CAPITOL ISO POOL 01202021 120000 120028 Hear one another. See one another. Show respect to one another. Politics doesn't have to be a raging fire, destroying everything in its path. Every disagreement doesn't have to be a cause for total war. And we must reject the culture in which facts themselves are manipulated, and even manufactured. [ Applause ] 120101 My fellow Americans, we have to be different than this. America has to be better than this, and I believe America is so much better than this. Just look around. Here we stand, in the shadow of the Capitol dome, as it was mentioned earlier, completed amid the civil war, when the union itself was literally hanging in the balance. Yet, we endured. We prevailed. 120126 Here we stand, looking out on the great mall where Dr. King spoke of his dream. Here we stand where, 108 years ago at another inaugural, thousands of protesters tried to block brave women marching for the right to vote. And today, we mark the swearing of the first woman in American history elected to national office, Vice President Kamala Harris. 120155 Don't tell me things can't change! [applause] 120201 Here we stand, across the Potomac, from Arlington Cemetary, where heroes who gave the last full measure of devotion, rest in eternal peace. And here we stand, just days after a riotous mob thought they could use violence to silence the will of the people, to stop the work of our democracy, to drive us from this sacred ground. It did not happen. It will never happen. Not today. Not tomorrow. Not ever. 120234 Not ever. [ Cheers and applause ] To all those who supported our campaign, I'm humbled by the faith you've placed in us. To all of those who did not support us, let me say this. Hear me out as we move forward. Take a measure of me and my heart. 120259 If you still disagree, so be it. That's democracy. That's America. The right to dissent peaceably. Within the guardrails of our republic it's perhaps this nation's greatest strength. Yet hear me clearly, disagreement must not lead to disunion. And I pledge this to you, I will be a president for all Americans, all Americans. [ Applause ] 120331 And I promise you, I will fight as hard for those who did not support me as for those who did. [ Applause ] Many centuries ago, St. Augustin, a saint in my church, wrote that a people was a multitude defined by the common objects of their love. Defined by the common objects of their love. What are the common objects we as Americans love, that define us as Americans? 120402 I think we know. Opportunity, security, liberty, dignity, respect, honor and, yes, the truth. [Applause] The recent weeks and months have taught us a painful lesson. There is truth and there are lies, lies told for power and for profit. 120427 And each of us has a duty and a responsibility as citizens, as Americans, and especially as leaders, leaders who have pledged to honor our Constitution and protect our nation, to defend the truth and defeat the lies. [applause] 120446 Look -- [Applause] -- I understand that many of my fellow Americans view the future with fear and trepidation. I understand they worry about their jobs. I understand like my dad, they lay in bed wondering, can I keep my health care, can I pay my mortgage. Thinking about their families, about what comes next. I promise you, I get it. 120518 But the answer is not to turn inward, to retreat into competing factions, distrusting those who don't look like -- look like you or worship the way you do or don't get their news from the same source as you do. We must end this uncivil war that pits red against blue, rural versus -- rural versus urban, conservative versus liberal. We can do this if we open our souls instead of hardening our hearts. 120553 If we show a little tolerance and humility, and if we are willing to stand in the other person's shoes -- as my mom would say -- just for a moment, stand in their shoes. Because here's the thing about life: there's no accounting for what fate will deal you. 120616 Some days, when you need a hand. There are other days when we're called to lend a hand. That's how it has to be. That's what we do for one another. 120630 And if we are this way, our country will be stronger, more prosperous, more ready for the future. And we can still disagree. My fellow Americans, in the work ahead of us, we're going to need each other. We need all our strength to preserve -- to persevere through this dark winter. We're entering what may be the toughest and deadliest period of the virus. 120657 We must set aside politics and finally face this pandemic as one nation, one nation. And I promise you this. As the bible says, "weep, ye may endure for a night, but joy cometh in the factmorning." We will get through this together. Together. Look, folks, all my colleagues that I served with in the house and the senate up here, we all understand, the world is watching, watching all of us today. So here's my message to those beyond our borders. 120741 America has been tested, and we've come out stronger for it. We will repair our alliances and engage with the world once again. Not to meet yesterday's challenges, but today's and tomorrow's challenges. [ Applause ] 120800 And we'll lead not merely by the example of our power, but by the power of our example. [ Applause ] We'll be a strong and trusted partner for peace, progress, and security. 120816 Look, you all know, we've been through so much in this nation. In my first act as president, I'd like to ask you to join me in a moment of silent prayer to remember all those who we lost in this past year to the pandemic, those 400,000 fellow Americans -- moms, dads, husbands, wives, sons, daughters, friends, neighbors, and co-workers. We'll honor them by becoming the people and the nation we know we can and should be. 120850 So, I ask you, let's say a silent prayer for those who have lost their lives and those left behind and for our country. 120858 [MOMENT OF SILENCE] 120908 BIDEN>> Amen. Folks, this is a time of testing. We face an attack on our democracy and on truth. A raging virus, growing inequity, the sting of systemic racism, a climate in crisis. America's role in the world. Any one of these would be enough to challenge us in profound ways. But the fact is, we face them all at once. Presenting this nation with one of the gravest responsibilities we've had. Now we're going to be tested. 120945 Are we going to step up, all of us? It's time for boldness, for there is so much to do. And this is certain. I promise you, we will be judged, you and I, by how we resolve these cascading crises of our era. We will rise to the occasion, is the question. Will we master this rare and difficult hour? 121013 Will we meet our obligations, and pass along a new and better world to our children? I believe we must. I'm sure you do as well. I believe we will. And when we do, we'll write the next great chapter in the history of the United States of America, the American story, a story that might sound something like a song that means a lot to me. It's called "American Anthem." And there's one verse that stands out, at least for me. 121044 And it goes like this: "The work and prayers of century have brought us to this day. What shall be our legacy? What will our children say? Let me know in my heart when my days are through. America, America, I gave my best to you." Let's add. Let's, us, add our own work and prayers to the unfolding story of our great nation. 121115 If we do this, then when our days are through, our children and our children's children will say of us, they gave their best, they did their duty, they healed a broken land. My fellow Americans, I close the day where I began, with a sacred oath before God and all of you. I give you my word, I will always level with you. I will defend the Constitution. I'll defend our democracy. I'll defend America. 121150 And I'll give all, all of you, keep everything you -- I do in your service, thinking not of power but of possibilities, not of personal injuries but the public good. And together we shall write an American story of hope, not fear. Of unity, not division. Of light, not darkness. A story of decency and dignity, love and healing, greatness and goodness. 121219 May this be the story that guides us, the story that inspires us, and the story that tells ages yet to come that we answered the call of history, we met the moment. Democracy and hope, truth and justice, did not die on our watch, but thrived, that America secured liberty at home and stood once again as a beacon to the world. That is what we owe our forebears, one another, and generations to follow. 121253 So, with purpose and resolve, we turn to those tasked of our time, sustained by faith, driven by conviction, and devoted to one another and the country we love with all our hearts. May God bless America and may God protect our troops. Thank you, America. [ Cheers and applause ] 121350 ANNOUNCER>> Ladies and gentlemen, please be seated. Ladies and gentlemen, please welcome Garth Brooks to perform "Amazing Grace." 121409 [GARTH BROOKS ENTERS] 121418 ["AMAZING GRACE" STARTS] 121605 BROOKS>> I'd like to ask you to sing this last verse with me, not just the people here but the people at home, at work, as one, united. ["AMAZING GRACE" CONT.] 121728 ANNOUNCER>> (inuad.) 121744 BLUNT>> Hard not to be reminded of president Obama's singing that same song at the mother Emanuel church. [ Applause ] The song that in our culture is as close to both poetry and prayer as you could possibly come. 121800 And we're going to finish with those two things. Let me introduce Amanda Gorman, our nation's first ever national poet laureate. [ Applause ] AMANDA GORMAN - AVS Note - This speech is not for license - 121840 GORMAN>> Mr. President, Dr. Biden, Madam Vice President, Mr. Emhoff, Americans and the world, when day comes, we ask ourselves where can we find light in this never ending shade? The loss we carry, a sea we must wade. We braved the belly of the beast. 121906 We've learned that quiet isn't always peace and the norms and notions of what just is, isn't always justice. And yet the dawn is hours before we knew it, somehow we do it, somehow we've weathered and witnessed a nation that isn't broken but simply unfinished. 121933 We, the successors of a country and a time, where a skinny black girl descended from slaves and raised by a single mother can dream of becoming president, only to find herself reciting for one. 121950 And yes, we are far from polished, far from pristine, but that doesn't mean we are striving to form a union that is perfect. We are striving to forge our union with purpose, to compose a country committed to all cultures, colors, characters, and conditions of man. And so we lift our gazes not to what stands between us but what stands before us. We close the divide because we know to put our future first. We must first put our differences aside. 122027 We lay down our arms so we can reach out our arms to one another We seek harm to none and harmony for all. Let the globe, if nothing else, say this is true, that even as we grieved, we grew. That even as we hurt, we hoped. That even as we tired, we tried. That we'll forever be tied together, victorious, not because we will never again know defeat, but because we will never again sow division. 122102 Scripture tells us to envision that everyone shall sit under their own vine and fig tree, and no one shall make them afraid. 122111 If we're to live up to our own time, then victory won't lighten the blade but in all the bridges we've made, that is the promise to glade, the hill we climb if only we dare, it's because being American is more than a pride we inherit. It's the past we stepped into and how we repair it. 122134 We've seen a force that would shatter our nation rather than share it, would destroy our country if it meant delaying democracy. 122144 And this effort very nearly succeeded. But while democracy can be periodically delayed, it can never be permanently defeated. In this truth, in this faith, we trust. For while we have our eyes on the future, history has its eyes on us. 122204j This is the era of just redemption. We feared -- at its deception. We did not feel prepared to be the heirs of such a terrifying hour, but within it we found the power to author a new chapter, to offer hope and laughter to ourselves. 122221 So, while once we asked, "how could we possibly prevail over catastrophe?", now we assert, "how could catastrophe possibly prevail over us?" We will not march back to what was, but move to what shall be, a country that is bruised but whole, benevolent but bold, fierce and free. We will not be turned around or interrupted by intimidation. 122251 Because we know our inaction and inertia will be the inheritance of the next generation. Our blunders become their burdens. But one thing is certain. If we merge mercy with might and might with right, then love becomes our legacy and change, our children's birth right. 122316 So let us leave behind a country better than one we were left with, every breath from my bronze pounded chest, we will raise this wounded world into a wondrous one. We will rise through the gold-limbed hills in the west, we will rise from the windswept northeast where our forefathers first realized revolution. We will rise from the lake-rimmed cities of the midwestern states. 122340 We will rise from the sun baked south. We will rebuild, reconcile, and recover, in every known nook of our nation, in every corner called our country, our people diverse and beautiful, will emerge battered and beautiful. When day comes, we step out of the shade, aflame and unafraid. 122400 The new dawn blooms as we free it for there is always light if only we're brave enough to see it, if only we're brave enough to be it. [Applause] 122434 BLUNT>> Thank you, Amanda Gorman. Now, for our benediction, I'm pleased to introduce Reverend Dr. Silvester Beaman, the pastor of the Bethel African Methodist Episcopal Church in Wilmington, Delaware, a friend of President Biden for 30 years. REV. DR SILVESTER BEAMAN 122514 BEAMAN>> As a nation and people of faith, gathered in this historical moment, let us unite in prayer. God, we gather under the beauty of your holiness and the holiness of your beauty. We seek your face, your smile, your warm embrace. 122540 We petition you once more in this celebration. We pray for divine favor upon our president, Joseph R. Biden, and our first lady, Dr. Jill Biden and their family. We further ask that you would extend the same favor upon our vice president, Kamala D. Harris, and our second gentleman, Doug Emhoff, and their family. 122610 More than ever, more than ever, they and our nation need you. We need you, for in you we discover our common humanity. In our common humanity, we will seek out the wounded, and bind their wounds. We will seek healing for those who are sick and diseased. We will mourn our dead. 122641 We will befriend the lonely, the least, and the left out. We will share our abundance with those who are hungry. We will do justly to the oppressed. Acknowledge sin and seek forgiveness, thus grasping reconciliation. In discovering our humanity, we will seek the good in and for all our neighbors. We will love the unlovable, remove the stigma of the so-called untouchables. We will care for our most vulnerable, our children, the elderly, emotionally challenged, and the poor. 122720 We will seek rehabilitation beyond correction. We'll extend opportunities to those locked out of opportunity. We will make friends of our enemies. We will make friends of our enemies. People, your people, shall no longer raise up weapons against one another. We will, rather, use our resources for the national good, and become a beacon of life and goodwill to the world. 122753 And neither shall we learn hatred anymore. We will lie down in peace and not make our neighbors afraid. In you, oh, god, we discover our humanity. In our humanity, we discover our commonness beyond the difference of color, creed, origin, political party, ideology, geography, and personal preferences. 122819 We'll become greater stewards of your environment, preserving the land, reaping from it a sustainable harvest, and securing its wonder and miracle giving power for generations to come. 122837 This is our benediction. That from these hallowed grounds, where slaves labored to build this shrine and citadel to liberty and democracy, let us all acknowledge from the indigenous native American to those who recently received their citizenship, from the African-American to those whose foreparents came from Europe and every corner of the globe, from the wealthy to those struggling to make it, every human being regardless of their choices, that this is our country. As such, teach us, oh, god. 122923 As such, teach us, oh, God, to live in it, love in it, be healed in it, and reconcile to one another in it, lest we miss kingdom's goal. To your glory, majesty, dominion, and power forever. Hallelujah, glory hallelujah. In the strong name of our collective faith, amen. 123000 ANNOUNCER>> Please remain standing as the Armed Forces Color Guard retires our national colors. 123017 [RETIRING OF THE COLORS] 123105 ANNOUNCER>> Ladies and gentlemen, please be seated and remain in your seats while the President and the official party depart the platform. For safety reasons, your ushers will release your sections in an organized manner, following the playing of our national march, the Stars and Stripes Forever. 123122 [SONG STARTS] 123130 [PRESIDENT BIDEN AND PRESIDENT OBAMA HUG] 123146 [PRESIDENT BUSH TOUCHES PRESIDENT BIDEN'S SHOULDER] 123157 [PRESIDENT BIDEN SPEAKS TO PRESIDENT CLINTON] 123250 [PRESIDENT BIDEN AND DR JILL BIDEN GO INSIDE] 123336 BIDEN (OFF-SCREEN)>> Thank you all. JILL (OFF-SCREEN)>> Appreciate it. BIDEN (OFF-SCREEN)>> Did a lot of work for me, thank you all. Thank you. 123437 BIDEN (OFF-SCREEN)>> Hey, guys. JILL (OFF-SCREEN)>> Hello. BIDEN (OFF-SCREEN)>> How are you? BYSTANDER (OFF-SCREEN)>> Congratulations. BIDEN (OFF-SCREEN)>> Thank you. JILL (OFF-SCREEN)>> Thank you very much. BYSTANDER (OFF-SCREEN)>> (unintell.) BIDEN (OFF-SCREEN)>> Thank you. JILL (OFF-SCREEN)>> Thank you. 123509 BYSTANDER (OFF-SCREEN)>> Congratulations. HARRIS (OFF-SCREEN)>> Thank you all. Thank you very much. Thank you. 123613 [BARACK OBAMA AND BILL CLINTON GREET EACH OTHER] 123633 [PRESIDENT OBAMA AND HILLARY CLINTON HUG] 123815 [PRESIDENT OBAMA AND LADY GAGA HUG] 123840 [AMANDA GORMAN AND BILL CLINTON CHAT] 124110 [HILLARY CLINTON TALK WITH LAURA BUSH] 124126 [HILLARY CLINTON AND LADY GAGA HUG & CHAT] 124304 BARACK OBAMA (EXITING)>> Fantastic, how are you? Good to see you, Elizabeth. Nice to see you! How you been, my brother? You know [inaud] Good to see you! Hold down the fort in Delaware. You doing alright? [inaud] Everybody's good? Alright. Good to have you, Elizabeth. You're doing a really good job. Good to see you again. We'll catch up. I've got some thoughts and ideas [inaud]. 124355 [MICHELLE OBAMA, COREY BOOKER, AND ROSARIO DAWSON CHATTING IN BG] 124416 [EMHOFF CHILDREN EXIT] 124453 [ELIZABETH WARREN AND BILL CLINTON SHAKE HANDS] 124741 [GAGA ESCORTED UP STEPS, EXITS] #### WASH 5 PRESIDENT BIDEN INAUGURATION CAPITOL SWITCHED POOL 1 01202021 120000 (exiting) 123336 BIDEN>> Thank you all. JILL>> Appreciate it. BIDEN>> Did a lot of work for me, thank you all. Thank you. 123415 [KAMALA HARRIS AND DOUG EMHOFF ENTER BUILDING] 123437 BIDEN>> Hey, guys. JILL>> Hello. BIDEN>> How are you? BYSTANDER>> Congratulations. BIDEN>> Thank you. JILL>> Thank you very much. BYSTANDER>> (unintell.) BIDEN>> Thank you. JILL>> Thank you. 123509 BYSTANDER>> Congratulations. HARRIS>> Thank you all. Thank you very much. Thank you. 123601 [MIKE AND KAREN PENCE ENTER BUILDING] 123722 [NANCY PELOSI ENTERING BUILDING] 123731 [MIKE PENCE TALKING WITH AMY KLOBUCHAR] 123756 [OBAMA SHAKING HANDS WITH AMANDA GORMAN] 123800 [OBAMA SHAKING HANDS WITH LADY GAGA] 123840 [BILL CLINTON TALKING WITH AMANDA GORMAN] 124830 (on capitol steps) HARRIS>> .. at least more than the last (?). PAUL PELOSI>> So, Robert (?) says to me hello and my pal Lindel(?) is (?) yesterday and -- >>Keys? HARRIS>> Okay. [HARRIS' ENTER BUILDING] PAUL PELOSI>> Alright. PELOSI>> Congratulations. Congratulations. PAUL PELOSI>> Well done. Almost there. --
Charlie Rose and Amanda Burden at Vanity Fair Party - 2012 Tribeca Film Festival
Charlie Rose and Amanda Burden at Vanity Fair Party - 2012 Tribeca Film Festival on 4/17/2012 in New York, NY, United States. (Footage by WireImage Video/Getty Images Entertainment Video)
APTN 0130 PRIME NEWS - AUSTRALIA / NEW ZEALAND
AP-APTN-0130: Iran Prayers 4 Saturday, 20 June 2009 STORY:Iran Prayers 4- REPLAY AP coverage of Khamenei's speech, warning to protesters LENGTH: 03:06 FIRST RUN: 1330 RESTRICTIONS: No BBC Persian TV Service/VOA Persian TV TYPE: Farsi/Nat SOURCE: AP TELEVISION STORY NUMBER: 610217 DATELINE: Tehran - 19 June 2009 LENGTH: 03:06 RESTRICTIONS: NO BBC PERSIAN TV SERVICE/VOA PERSIAN TV ++AP Television is adhering to Iranian law that stipulates all media are banned from providing BBC Persian or VOA Persian any coverage from Iran, and under this law if any media violate this ban the Iranian authorities can immediately shut down that organisation in Tehran.++ SHOTLIST 1. Tilt-down from Iranian flag to worshippers at Friday prayer 2. Ayatollah Ali Khamenei, Iran's Supreme Leader approaching podium 3. Wide of worshippers chanting UPSOUND: (Farsi) "O' our free leader! We are ready! We are ready! (to support you)" 4. Wide of Khamenei speaking at podium 5. SOUNDBITE: (Farsi) Ayatollah Ali Khamenei, Iran's Supreme Leader: "If the difference was 100-thousand or 500-thousand or one million, well, one may say fraud could have happened. But how can one rig 11 million votes?" 6. Khamenei speaking at podium 7. SOUNDBITE: (Farsi) Ayatollah Ali Khamenei, Iran's Supreme Leader: "Some of our enemies in different parts of the world intended to depict this absolute victory, this definitive victory, as a doubtful victory." 8. Mid of Mahmoud Ahmadinejad, Iranian president (centre) listening to speech 9. SOUNDBITE: (Farsi) Ayatollah Ali Khamenei, Iran's Supreme Leader: "It must be determined at the ballot boxes what the people want and what they do not want, not in the streets." 10. Wide of people shouting UPSOUND: (Farsi) "Down with USA" 11. SOUNDBITE: (Farsi) Ayatollah Ali Khamenei, Iran's Supreme Leader: "I'm asking everyone to end this method (street protests). This is not a correct way, if they wont put an end to this method, they will be responsible for its aftermaths and crisis." 12. Pan from cameraman to Khamenei speaking at podium 13. Wide of worshippers listening to leader's speech 14. SOUNDBITE: (Farsi) Ayatollah Ali Khamenei, Iran's Supreme Leader: "Some may imagine that street action will create political leverage against the system and force the authorities to give in to threats expediently. No, this is wrong." 15. Pan of worshippers chanting (Farsi) UPSOUND: "Down with America" 16. SOUNDBITE: (Farsi) Ayatollah Ali Khamenei, Iran's Supreme Leader: "Of course there have been disagreements - among Mr. Hashemi Rafsanjani (former president) and Mr. President from the last election (of Ahmadinejad) until today. They have disagreements both in foreign issues and also on the way to carry out social justice and also on some cultural issues and the opinion of Mr. President is closer to mine." 17. High-angle of President Mahmoud Ahmadinejad and officials saying prayers 18. Wide of Friday Prayers 19. Wide of worshippers rallying on street after the prayer in support of Khamenei's remarks 20. Close-up of banner reading (English) "Respecting the majority vote is respecting the law" 21. Mid of three women covering themselves with Iranian flags 22. Wide of rally STORYLINE: Iran's supreme leader said on Friday that the country's disputed presidential vote had not been rigged, sternly warning protesters of a crackdown if they continue massive demonstrations demanding a new election. Ayatollah Ali Khamenei sided with hardline President Mahmoud Ahmadinejad and offered no concessions to the opposition. He effectively closed any chance for a new vote by calling the June 12 election an "absolute victory." The speech created a stark choice for candidate Mir Hossein Mousavi and his supporters: Drop their demands for a new vote or take to the streets again in blatant defiance of the man endowed with virtually limitless powers under Iran's constitution. Khamenei accused foreign media and Western countries of trying to create a political rift and stir up chaos in Iran. Iranian leaders often blame foreign "enemies" for plots against the country, but Khamenei's comments suggest Iran could remain cool to expanding dialogue with the West and the offer of opening talks with Washington. "Some of our enemies in different parts of the world intended to depict this absolute victory, this definitive victory, as a doubtful victory," he said. Khamenei said the 11 million votes that separated Ahmadinejad from his top opponent, Mousavi, were proof that fraud did not occur. Ahmadinejad watched the sermon from the front row. Iranian State television did not show Mousavi in attendance. "If the difference was 100,000 or 500,000 or 1 million, well, one may say fraud could have happened. But how can one rig 11 million votes?" Khamenei asked during Friday prayers at Tehran University. Mousavi and his supporters have staged massive street rallies in recent days that have posed the greatest challenge to the Iran's Islamic ruling system since the 1979 Islamic Revolution that brought it to power. So far, the government has not stopped the protests with force despite an official ban on them. But Khamenei opened the door for harsher measures. "It must be determined at the ballot box what the people want and what they don't want, not in the streets," he said warning that if the protesters did not stop their rallies "they will be responsible for its aftermaths and crisis." Khamenei blamed the U.S., Great Britain and what he called Iran's other enemies for fomenting unrest. He said Iran would not see a second revolution like those that transformed the countries of the former Soviet Union. He remained staunch in his defence of Ahmadinejad, saying his views were closer to the president's than to those of former President Hashemi Rafsanjani, a powerful patron of Mousavi. Khamenei's address was his first since hundreds of thousands of Mousavi supporters flooded the streets in Tehran and elsewhere in the country in rallies evoking the revolution that ended Iran's U.S.-backed monarchy. Khamenei said the street protests would not have any impact: "Some may imagine that street action will create political leverage against the system and force the authorities to give in to threats. No, this is wrong." The supreme leader left open a small window for a legal challenge to the vote and reiterated that he has ordered the Guardian Council, an unelected body of 12 clerics and Islamic law experts close to the supreme leader, to investigate voter fraud claims. So far, protesters have focused on the results of the balloting rather than challenging the Islamic system of government. But a shift in anger toward Iran's non-elected theocracy could result in a showdown over the foundation of Iran's system of rule. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2138EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: World Iran 3 Saturday, 20 June 2009 STORY:World Iran 3- REPLAY Brown, Sarkozy, Merkel, China; UK summons Iran envoy LENGTH: 03:19 FIRST RUN: 1630 RESTRICTIONS: Part UK/CNNI/ RTE/Al Jazeera English TYPE: Various/Nat SOURCE: AP TELEVISION/SKY STORY NUMBER: 610256 DATELINE: Various - 18/19 June 2009 LENGTH: 03:19 SHOTLIST (FIRST RUN 1630 EUROPE PRIME NEWS - 19 JUNE 2009) SKY - No Access UK/CNNi/RTE/Al Jazeera English London, UK - 19 June 2009 1. Long shot of Iranian ambassador the the United Kingdom Rasoul Movahedian (in the middle, in darker suit) leaving the British Foreign Office accompanied by two officials (FIRST RUN 1430 ME EUROPE PRIME NEWS - 19 JUNE, 2009) AP Television - AP Clients Only Brussels, Belgium - 19 June, 2009 2. Wide interior of European Union media centre 3. SOUNDBITE (English) Gordon Brown, British Prime Minister: "The whole of the world is speaking out. They're not asking the Iranian people that other countries should choose who they elect, they wish to protect the right of the Iranian people to elect those who they wish to select. And it is for Iran now to show the world that the elections have been fair, it is also for Iran to show the world that the repression and the brutality that we've seen in these last few days is not something that is going to be repeated. I say again, the whole eyes of the world are upon Iran at the moment, people are looking at what they are doing. We want Iran to be part of the international community and not to be isolated. But it is for Iran to prove, not just to Britain but to the whole of the world and to their own people, that they can respect these basic rights that I've just been talking about." 4. Cutaway of media 5. SOUNDBITE (French) Nicolas Sarkozy, French President: "I am very happy to see Europe being unanimous, and giving strong and unambiguous declarations on the Iranian situation. It belongs to the Iranian people to choose their own government, but we can be nothing but preoccupied by the violence of the Iranian election reaction and the courage of the Iranian people who went down onto the street to ask for the right to choose freely what their future will be." 6. German Chancellor Angela Merkel entering news conference 7. Cutaway of media 8. SOUNDBITE (German) Angela Merkel, German Chancellor: "Today's speech of Khamenei was from my point of view disappointing. I think it is important that the vetoes made concerning the results of the elections needs to be investigated. And we hope for justice in Iran, that it will be possible within the next few days." (FIRST RUN 1330 EUROPE PRIME NEWS - 19 JUNE, 2009) AP Television - AP Clients Only Beijing, China - 18 June, 2009 9. Mid of Chinese Ministry for Foreign affairs spokesman, Qin Gang, walking on stage 10. Cutaway of journalists 11. SOUNDBITE (Mandarin) Qin Gang, Chinese Ministry for Foreign affairs spokesman: "We respect the decision of the Iranian people." (FIRST RUN 1330 EUROPE PRIME NEWS - 19 JUNE, 2009) AP Television - AP Clients Only Beijing, China - 19 June, 2009 12. Wide of Beijing mosque 13. Group of worshippers outside mosque 14. SOUNDBITE (Mandarin) Osman Zhang Weixin, Hui minority Muslim: "As far as they're (Iran) concerned, we (Hui minority Muslims) think we're all Muslims and we should support each other, but as far as their internal affairs, we don't get involved." 15. Set up shot of the Vice President of the Chinese Association of Middle Eastern Studies, Li Shaoxian 16. SOUNDBITE (Mandarin) Li Shaoxian, Vice President of the Chinese Association of Middle Eastern Studies: "No matter what kind of government rises to the top in Iran, China will welcome it. Because this government is voted in by the people of Iran, we'll accept that and support Chinese-Iranian relationships. Moreover, I believe that whoever is in charge in Tehran, any of them would respect the Chinese-Iranian relationship and develop the China-Iranian relationship." (FIRST RUN 1330 EUROPE PRIME NEWS - 19 JUNE, 2009) AP Television - AP Clients Only Urumqi, Xinjiang Province, China - May 19, 2009 17. Various of students praying at mosque STORYLINE Britain's Foreign Office said Friday it had told an Iranian diplomat it was concerned by supreme leader Ayatollah Ali Khamenei's criticism of Britain, which he called evil. During Friday prayers at Tehran University, Khamenei accused the United States, Britain and what he called Iran's other enemies of fomenting unrest. He singled out Britain for specific criticism. The Foreign Office summoned the Iranian ambassador for talks, but said that, in the end, a more junior diplomat - the charge d'affairs - attended a meeting with political director Mark Lyall Grant. The Foreign Office said it was told the charge d'affairs was attending in the absence of the ambassador. Britain's ambassador to Iran, Rasoul Movahedian has twice been called to meetings with officials in Tehran in recent days, on one occasion to receive a complaint about coverage of the country's election by Britain's national broadcaster, the BBC. British broadcaster Sky News showed video of Movahedian leaving the Foreign Office on Friday afternoon. Britain is one of the six nations involved in negotiations over Iran's nuclear programme. The US and other western countries accuse Tehran of seeking to develop nuclear weapons, a charge Iran denies. Meanwhile in Brussels, British Prime Minister Gordon Brown said that the European Union nations were unanimous in condemning violence against opposition protesters in Iran. Brown was attending a summit of European leaders in the Belgian capital. He added Britain would continue to speak out for human rights and against media restrictions. The British Prime Minister said that while he wanted Iran to be part of the international community, that depended on Iran showing "the world that the elections have been fair." "It is also for Iran to show the world that the repression and the brutality that we've seen in these last few days is not something that is going to be repeated," he said. French President Nicolas Sarkozy and German Chancellor Angela Merkel echoed Brown's comments. Sarkozy praised "the courage of the Iranian people who went down onto the street to ask for the right to choose freely what their future will be." Meanwhile, Merkel said she hoped "justice in Iran" would be "possible within the next few days." World leaders reacted with mixed feelings to the upheaval in Iran, reflecting uncertainty over fast-moving events within the country after its disputed election. In contrast to Britain, China showed its support for Iran's establishment with Foreign Ministry spokesman, Qin Gang, stating on Thursday, "we respect the decision of the Iranian people." Chinese state media also reported that President Hu Jintao congratulated Iranian President Mahmoud Ahmadinejad at a regional gathering in Russia earlier this week. The Vice President of the Chinese Association of Middle Eastern Studies, Li Shaoxian said on Friday he believed, "no matter what kind of government rises to the top in Iran, China will welcome it," as long as it continues Chinese-Iran relations. Some Muslims in China were also quick to downplay any controversies on Friday with one simply stating: "we're all Muslims and we should support each other, but as far as their internal affairs, we don't get involved." Iran's supreme leader said on Friday that the country's disputed presidential vote had not been rigged, sternly warning protesters of a crackdown if they continue massive demonstrations demanding a new election. In his first public address since demonstrators flooded the streets, Supreme Leader Ayatollah Ali Khamenei singled out Britain among the most "treacherous" of the Western powers, repeating frequent complaints about perceived meddling by Britain and others in Iran's affairs. Khamenei also warned the demonstrators that they should cease protest and the opposition must pursue its complaints within the confines of the cleric-led ruling system. The unrest has posed the greatest challenge to the system since the 1979 Islamic Revolution that brought it to power. Seven demonstrators have been shot and killed allegedly by pro-regime militia. Khamenei had already approved the June 12 election results that gave hard-line Ahmadinejad a landslide victory, but he has not been able to ignore the powerful defiance of the opposition, which has called the vote rigged, of his authority. Khamenei also said the 11 (m) million votes that separated Ahmadinejad from his top opponent, Mir Hossein Mousavi, were proof that fraud did not occur. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2139EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: +US Stanford Saturday, 20 June 2009 STORY:+US Stanford- WRAP Tycoon indicted for alleged fraud; court sketches, STILL; ADDS Stanford arriving LENGTH: 02:40 FIRST RUN: 0130 RESTRICTIONS: See Script TYPE: English/Nat SOURCE: VARIOUS STORY NUMBER: 610281 DATELINE: Various, 19 June 2009/FILE LENGTH: 02:40 SHOTLIST: ++NEW (FIRST RUN 0130 AUSTRALIA NZ PRIME NEWS, 20 JUNE 2009) ABC - No Access NAmerica/Internet Richmond, Virginia - June 19, 2009 1. Travelling shot of R. Allen Stanford's car arriving at court (FIRST RUN 2130 NEWS UPDATE, 19 JUNE 2009) AP PHOTOS - No Access Canada/For Broadcast use only - Strictly No Access Online or Mobile Richmond, Virginia - June 19, 2009 2. Zoom into photograph of R. Allen Stanford through window of car (FIRST RUN 2130 NEWS UPDATE, 19 JUNE 2009) Bill Hennessy - MUST GIVE ONSCREEN COURTESY Richmond, Virginia - June 19, 2009 3. Wide, push in sketch of courtroom appearance 4. Mid sketch of courtroom appearance (FIRST RUN 1830 NORTH AMERICA PRIME NEWS, 19 JUNE 2009) AP TELEVISION - AP Clients ONLY Washington, DC - June 19, 2009 5. Various of indictment document AP PHOTOS - No Access Canada/For Broadcast use only - Strictly No Access Online or Mobile London - June 11, 2008 6. STILL of fraud suspect R. Allen Stanford AP TELEVISION - AP Clients ONLY Washington, DC - June 19, 2009 7. Mid of Department of Justice news conference 8. SOUNDBITE: (English) Robert Khuzami, Securities and Exchange Commission Division of Enforcement: "Perhaps what is most disturbing about this case is that Stanford's victims were not looking for one of those get-rich-quick-schemes that we hear so much about and seem somewhat obvious to avoid. Stanford's investors were simply looking for safe investments and low risk opportunities and with Stanford they thought they had found such an opportunity, but what they had actually found was a complicated array of phoney financial statements, fabricated performance and sham audits - all to create the illusion of safety and liquidity." AP TELEVISION - AP Clients ONLY FILE: Saint Johns, Antigua (exact date unknown) 9. Various exteriors of Stanford International Bank AP Television - AP Clients ONLY Washington, DC - June 19, 2009 10. SOUNDBITE (English) Robert Khuzami, Securities and Exchange Commission Division of Enforcement: "And in a shocking twist to this story, Stanford's scheme also corrupted a foreign regulator. Today we charged Leroy King, the administrator and CEO of the Antiguan Financial Services Regulatory Commission - or FSRC - with aiding and abetting securities fraud by accepting thousands of dollars in bribes on a regular basis to ignore the Stanford Ponzi scheme." 11. Various of indictment document 12. SOUNDBITE (English) Robert Khuzami, Securities and Exchange Commission Division of Enforcement: (soundbite overlayed with cutaways of Lanny Breuer and wide of news conference) "I want to conclude by thanking Lanny Breuer and my former colleagues at the Department of Justice, who have worked tirelessly to build an impressive criminal case from the rubble of this massive fraud." AP PHOTOS - No Access Canada/For Broadcast use only - Strictly No Access Online or Mobile Houston, Texas - April 20, 2008 13. Pan up of STILL photograph of Stanford in his attorney's office STORYLINE: Brash Texas billionaire R. Allen Stanford was indicted and jailed on Friday on charges his international banking empire was really just a pyramid scheme built on lies, bluster and bribery. The Justice Department announced charges against Stanford and six others who allegedly helped the tycoon run a 7 (b) billion US dollar swindle. At a court hearing in Richmond, Virginia, a federal judge agreed with prosecutors that Stanford posed a flight risk and ordered him to remain in custody until a future detention hearing in Houston. Among those charged were executives of Stanford Financial Group and a former Antiguan bank regulator who prosecutors say should have caught the fraud but instead took bribes to let the scheme continue. Robert Khuzami, the enforcement director for the Securities and Exchange Commission, said investigators have built "an impressive criminal case from the rubble of this massive fraud." If convicted of all charges in the 21-count indictment, Stanford, who is 59, could face as much as 250 years in prison, officials said. Dick DeGuerin, Stanford's lawyer, said in a written statement that Stanford was "confident that a fair jury will find him not guilty of any criminal wrongdoing." The indictment unsealed on Friday in Houston charged Stanford and other executives at his firm falsely claimed to have grown 1.2 (b) billion dollars in assets in 2001 to roughly 8.5 (b) billion dollars by the end of 2008. The operation had roughly 30,000 investors, officials said. Secretly, though, Stanford diverted more than 1.6 (b) billion US dollars in personal loans to himself, according to investigators. Court papers charge Stanford and top executives orchestrated the massive fraud by advising clients to buy certificates of deposit from the Antigua-based Stanford International Bank. While Stanford is less well-known than the infamous swindler Bernard Madoff, authorities say both men's businesses were based on the same type of scam - faking investment returns while attracting new investors to keep the operation afloat. Authorities say they are investigating 100 other possible pyramid schemes, although none on the scale of the Stanford or Madoff cases. A group of cheated Stanford investors said in a statement that their losses "are devastating, as senior citizens are losing their homes, going without medical care, and becoming a burden on their children and families." Stanford, in FBI custody after surrendering on Thursday, appeared in federal court in Richmond, Virginia, on Friday, where authorities hope to convince a judge to keep him behind bars pending trial. Prosecutors charged Leroy King, the former chief executive officer of Antigua's Financial Services Regulatory Commission, with conspiracy to obstruct an SEC investigation. In February, King told reporters the commission properly scrutinised Stanford's business. Prosecutors allege King accepted more than 100,000 US dollars in bribes to help Stanford continue his fraud. At his zenith, Stanford was a larger-than-life figure in Antigua. His enterprises there include a newspaper, two restaurants, a development company and the ornately landscaped Stanford cricket grounds, where he shook up the staid world of professional cricket last year by bankrolling the purse in a 20 (m) million US dollar winner-take-all match. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2140EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: Italy Trial 2 Saturday, 20 June 2009 STORY:Italy Trial 2- REPLAY Knox mother gives evidence at murder trial, comments LENGTH: 01:03 FIRST RUN: 1330 RESTRICTIONS: AP Clients Only TYPE: English/Nat SOURCE: AP TELEVISION STORY NUMBER: 610220 DATELINE: Perugia - 19 June 2009 LENGTH: 01:03 SHOTLIST 1. Amanda Knox in court 2. Wide of court room 3. Journalists in media room watching court proceedings on monitor 4. UPSOUND (English) Edda Mellas, mother of accused Amanda Knox, giving evidence as seen on court monitor: "She was worried when they couldn't get a hold of her on the phone, she was worried obviously when they found somebody in Meredith's room, she was - yes." 5. Exterior court and media 6. SOUNDBITE (English) Edda Mellas, mother of accused Amanda Knox "Well, of course she is fearful, she is being held, and, but we are all cautiously optimistic." 7. Cutaway of Mellas 8. SOUNDBITE (English) Edda Mellas, mother of accused Amanda Knox: "She was amazing, she said everything she needed to say and she cleared a lot of things up." 9. Cutaway of media 10. SOUNDBITE (English) Edda Mellas, mother of accused Amanda Knox: "She's doing ok, she was worried about me." 11. Knox mother leaving amid media scrum and getting into van STORYLINE The mother of an American student accused of killing her British roommate in Italy said on Friday her daughter and the victim "got along great" and that her daughter never considered leaving Italy after the murder. Amanda Knox is on trial on charges of murder and sexual violence in the 2007 killing of Meredith Kercher in Perugia in central Italy. Her mother, Edda Mellas, took the stand for two hours at the Perugia courtroom on Friday, testifying that there were no problems between her daughter and Kercher. After testifying she spoke to the media and said that the family were "all cautiously optimistic," that Knox would be cleared of any wrongdoing. Last week, Knox testified she was shocked by the death of the Briton, whom she considered her friend. This contrasted with previous testimony by other witnesses that Kercher had complained about Knox's bathroom habits and had expressed surprise at her apparent promiscuity. Mellas also testified about three phone calls she received from Knox on 2 November 2007, the morning Kercher's body was found in her bedroom. "In her first call, she said she thought somebody was in the house," she said. Last week, Knox recalled going home that morning to find the front door open. She said she took a shower and saw blood in one of the apartment's bathrooms. The second and third calls were made after Kercher's body was discovered, Mellas said. Speaking in English through an interpreter, Mellas also testified her daughter never thought of going back to the United States before she was arrested, shortly after the killing. 21-year-old Knox, is on trial together with her Italian former boyfriend Raffaele Sollecito. Both deny wrongdoing. Prosecutors believe Knox, Sollecito and a third person already convicted in a separate trial went to Kercher's home the night of the murder and killed the British woman in what began as a sex game. Sollecito, 25, has said he was at his own apartment the entire night of 1 November 2007. He said he did not remember if Knox spent the whole night with him or just part of it. Knox said she spent the night at Sollecito's apartment and went back to her place the following morning. The third person involved, Ivory Coast national Rudy Hermann Guede, denied wrongdoing but was convicted of murder last year and sentenced to 30 years in prison. Knox and Sollecito, who have been jailed since their arrest over a year and a half ago, could face Italy's stiffest punishment, life imprisonment, if convicted of murder. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2141EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: Brazil France Plane Saturday, 20 June 2009 STORY:Brazil France Plane- REPLAY More wreckage brought ashore, Air France CEO on compensation LENGTH: 02:38 FIRST RUN: 1730 RESTRICTIONS: Part No France TYPE: Portuguese/French/Nat SOURCE: AP TELEVISION/ RTL STORY NUMBER: 610264 DATELINE: Paris/Recife - 19 June 2009 LENGTH: 02:38 SHOTLIST AP Television - AP Clients Only Recife, Brazil 1. Wide of Brazilian navy ship "Caboclo" approaching the Port of Recife 2. Mid of the Caboclo 3. Close up of flags 4. Mid of navy inspector at port, zoom out 5. Various of naval officers on ship 6. Various of ship arriving 7. Close up of debris on ship 8. SOUNDBITE (Portuguese) Alexandre Taumaturgo Pavoni, Brazilian Navy Captain: "We found five pieces of the plane, it is up to aviation experts to determine what parts of the plane they are." 9. Mid of French investigator at port 10. Mid of French investigators looking at debris at port 11. Mid of debris starting to be unloaded from boat 12. SOUNDBITE (Portuguese) Alexandre Taumaturgo Pavoni, Brazilian Navy Captain: "At first, it was very emotional when we collected the first piece of debris from the plane. We know it belonged to that aircraft because there were sentences written in French. Without a doubt, it was much more emotional once we began to find some of the human remains in the water." 13. Zoom out of plane debris in net being lifted RTL - No Access France Paris, France 14. SOUNDBITE (French) Phillipe Gourgeon, Air France Chief Executive: "For the time being, in the current phase, we are going to be very concentrated of the first advance that is paid for each victim: about 17,500 euros (24,400 US dollars). This advance requires no commitment of course; and our insurers' lawyers in each country are talking to the victims' families to set up this advance." AP Television - AP Clients Only Recife, Brazil 15. Zoom in to plane debris being removed from boat STORYLINE Brazil's military announced on Friday that a naval ship arrived in the coastal city of Recife with a significant amount of debris and passengers' baggage from the Air France Flight 447. The Air France plane crashed after running into thunderstorms en route from Rio de Janeiro to Paris on May 31. The new findings will add to hundreds of pieces of debris that experts are studying for clues to the cause of the accident that killed all 228 people on board. Good weather on Friday aided searchers from Brazil, France, the United States and other countries who are methodically scanning the Atlantic for signs of debris or flight recorders from the plane, which experts say may have broken up in the air after flying into thunderstorms. French-chartered ships are pulling U.S. Navy underwater listening devices through a search area with a radius of 50 miles (80 kilometres), trying to detect the black boxes, now deep at sea, that might contain the most detailed description of what happened to the plane. Alexandre Taumaturgo Pavoni, Brazilian Navy Captain who was involved in the recovery mission said it was "very emotional" to find human remains in the water. Meanwhile, Air France focused on aiding families of victims from the crash of Flight 447, offering a first advance on compensation on Friday while investigators worked quietly to solve the mystery of what brought the jet down. Air France chief executive Phillipe Gourgeon told RTL radio that the airline plans to make an advance of about 17,500 euros (24,400 US dollars) for each of the 228 victims, with no strings attached. He said it is also may hold a memorial for all the victims of the crash, Gourgeon said. Some relatives of French victims have accused Air France of a lack of sympathy and of failing to keep them informed about the crash investigation. But Gourgeon said the airline has had trouble even reaching some relatives of victims, who came from 32 countries. He said that sometimes the only contact number for a victim is from a mobile phone that was lost in the crash. Without the black boxes to help explain what went wrong, the investigation has focused on a flurry of automated messages sent by the plane minutes before it lost contact; one suggests external speed sensors had iced over, destabilising the plane's control systems. Air France has replaced the sensors, called Pitot tubes, on all its A330 and A340 aircraft, under pressure from pilots who feared a link to the accident. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2143EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: FILE NKorea Saturday, 20 June 2009 STORY:FILE NKorea- REPLAY File thought to show first vessel monitored under UN resolution LENGTH: 01:21 FIRST RUN: 1630 RESTRICTIONS: AP Clients Only TYPE: Natsound SOURCE: AP TELEVISION STORY NUMBER: 610253 DATELINE: HK - 24 Oct 2006 LENGTH: 01:21 SHOTLIST FILE 1. Wide of North Korean ship "Kang Nam I" at sea 2. Mid of ship with North Korean flag imprinted on funnel 3. Close-up "Kang Nam I" reading on back of ship 4. Wide of back of ship 5. Close-up crew on board, zoom out to crew on deck 6. Various of vessel in water STORYLINE The US military on Friday continued tracking a ship from North Korea, the first vessel being monitored under the new United Nations non-proliferation resolution. US officials said the Kang Nam I was being monitored in the Pacific Ocean ever since it sailed from North Korea on Wednesday. The officials said it was uncertain what the ship was carrying, though it was believed to have been involved in weapons proliferation in the past. The sanctions mandated by the latest UN Security Council resolution on North Korea call on all 192 UN member states to inspect vessels on the high seas - with the owner country's approval - if they believe the cargo contains banned weapons. The Kang Nam I was off the coast of China on Thursday, the officials said on condition of anonymity because they were discussing intelligence. The vessel is believed to be the same ship that was involved in a number of international incidents in the past few years. In 2006, a ship called Kang Nam was detained in Hong Kong for safety violations as it was on its way to Taiwan to deliver scrap metal. The ship's detention was unrelated to the October 2006 UN sanctions on North Korea that called for searches of vessels sailing to and from the communist country, Hong Kong officials said at the time. The Kang Nam's detention came about a week after the Security Council unanimously approved sanctions that included inspections of North Korean ships. The UN measures were prompted by North Korea's nuclear test on 9 October, 2006. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2144EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: Greece Marbles Saturday, 20 June 2009 STORY:Greece Marbles- REPLAY Protesters demand return of Elgin Marbles LENGTH: 02:52 FIRST RUN: 2130 RESTRICTIONS: AP Clients Only TYPE: Greek/English/Nat SOURCE: AP TELEVISION STORY NUMBER: 610271 DATELINE: Athens/London - 18-19 June 2009 LENGTH: 02:52 SHOTLIST: Athens, 19 June 2009 1. Wide of Parthenon atop Acropolis hill with posters calling for the return of the Elgin Marbles in foreground 2. Posters and banners reading (Greek and English) "Give back the Parthenon Marbles" 3. Close up of man reading poster reading "Give back the Parthenon Marbles" 4. SOUNDBITE: (Greek) Marina Mantheakis, supporter of the return of the Elgin Marbles to Greece: "We are asking that the Parthenon sculptures which are being held illegally by the British Museum be returned. There is no longer a reason for them to remain there, since we have built, and have spent a lot of money to create, the new museum." 5. Wide of new Acropolis Museum with Parthenon atop Acropolis hill seen in background 6. Close up of glass-enclosed Parthenon gallery on top of new Acropolis Museum with sun setting behind it Athens, 18 June 2009 ++DUSK SHOTS++ 7. Wide of top floor of new Acropolis Museum housing the Parthenon gallery where replicas of the Elgin Marbles currently housed in London are on display next to originals from the Parthenon 8. People walking past displays in Partheon gallery 9. Parthenon lit in the dark 10. Mid shot of Parthenon frieze seen inside gallery 11. Wide of Parthenon gallery in new Acropolis Museum looking at antiquities Athens, 17 June 2009 12. Wide of gallery in new Acropolis museum, pan left 13. Mid shot of antiquities 14. SOUNDBITE: (Greek) Antonis Samaras, Culture Minister, referring to the replicas of the Elgin Marbles that will be on display in the new Acropolis Museum: "For someone who will follow these 160 metres (525-feet) of the frieze around the museum, as they are on the Parthenon, they will realise that in essence it will be a constant, silent denunciation." London, 18 June 2009 15. Wide exterior of British Museum 16. Wide of gallery showcasing Elgin Marbles 17. Mid shot of man looking at marbles 18. Pan from Hannah Boulton, British Museum spokeswoman, looking at Elgin Marbles to close-up of marble detail 19. SOUDNBITE: (English) Hannah Boulton, British Museum spokeswoman: "Interestingly, see, they are not talking about putting them back on the Acropolis. These are not objects, these are not sculptures that can be re-applied to the building. That isn't something that anybody is suggesting these days. They are now museum objects. They are objects of world art. And as such, I don't think, there is no problem in terms of them being divided between two different museums and telling two different, but complimentary stories." 20. Pan of gallery showing Elgin Marbles and visitors 21. Various close-ups of details of Elgin Marbles 22. Pan from Elgin Marbles to visitors STORYLINE: On the eve of the new Acropolis Museum's inauguration in Athens, a group of protesters demanded the return of the Elgin Marbles to Greece. The opening of the long-anticipated museum on Saturday, boosts Greece's decades-old campaign for the return of 2,500-year-old sculptures removed from the ancient citadel by a 19th century British diplomat. The museum is the centrepiece of Greece's efforts to regain the Parthenon Marbles - sculptures that were part of a stunning 160-metre (525-foot) marble frieze of a religious procession that adorned the top of the ancient citadel's grandest structure, the Parthenon. The glass hall displays the section of the Parthenon frieze that Elgin left behind, next to plaster casts of the works in London - which Greece hopes one day to replace with the originals from the British Museum. "In essence it will be a constant, silent denunciation" of the Parthenon Marbles' continued absence, said Culture Minister Antonis Samaras, referring to the display of replicas next to original pieces. The British Museum has rejected repeated requests to send the marbles home, countering that it legally owns the collection and that it is displayed free of charge in an international cultural context. The Museum says it only considers loan requests that recognise its ownership of artifacts, and that a loan would not be permanent nor include the whole collection. Culture Minister Antonis Samaras has already rejected such a suggestion. One of the main arguments against returning the sculptures had been a lack of an appropriate place to house them. Many maintained that by removing the marbles, Elgin had ultimately protected them from damage by acid rain and pollution. But the new 180 (m) million dollar glass and concrete museum at the foot of the ancient citadel is Greece's reply. The British Museum spokeswoman insisted that "there is no problem in terms of them being divided between two different museums and telling two different, but complimentary stories." Britain's envoy, Lord Elgin, pried them off the building in the early 1800s while Greece was still an unwilling part of the Ottoman Empire. Facing bankruptcy, he eventually sold the artworks to the British Museum, where they have been displayed ever since. The return of the Parthenon, or Elgin, Marbles is an issue of national pride in Greece, and successive governments have waged a high-profile but so far fruitless campaign for their repatriation, saying the sculptures were looted from a work of art so important that its surviving pieces should all be exhibited together. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2145EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: Japan UK Age 2 Saturday, 20 June 2009 STORY:Japan UK Age 2- REPLAY World's oldest man dies, UK WW1 veteran now holds record LENGTH: 01:24 FIRST RUN: 1330 RESTRICTIONS: Part No Japan TYPE: Natsound SOURCE: AP TELEVISION/NTV STORY NUMBER: 610231 DATELINE: Various - File LENGTH: 01:24 SHOTLIST NTV - NO ACCESS JAPAN FILE - Miyakonojo, Japan - 2007 (NO SPECIFIC DATE GIVEN) 1. Tomoji Tanabe, formerly the world's oldest man, helped down steps 2. Tanabe sitting down, talking and being photographed 3. Close-up of Tanabe's hand, tilt up to his face 4. Mid of Tanabe 5. Close-up of Tanabe's face AP TELEVISION - AP CLIENTS ONLY FILE - London, UK - 30 October 2008 6. First World War veteran and world's oldest man, Henry Allingham, in wheelchair, talking to dignitaries 7. Cutaway of Allingham's hands on blanket bearing RAF (Royal Air Force) logo 8. Wide of Allingham listening to WW1 (World War) exhibition opening ceremony 9. Mid of Allingham listening 10. Close-up of Allingham's face AP TELEVISION - AP CLIENTS ONLY FILE - London, UK - 30 October 2008 11. Close-up of woman and baby, pan right to Allingham signing autobiographies 12. Close-up of Allingham's medals 13. Allingham signing autobiography for boy 14. Allingham signing autobiography for family STORYLINE Tomoji Tanabe, the world's oldest man, died in his sleep at his home in southern Japan on Friday, a city official said. Tanabe was 113 years old. The city official in Miyakonojo, on Japan's southern island of Kyushu, said Tanabe died of heart failure. Tanabe had eight children - five sons and three daughters. He also had 25 grandchildren, 53 great-grandchildren and six great-great-grandchildren, according to a statement from the Miyakonojo authorities. Tanabe was certified by the Guinness Book of World Records as the world's oldest man when he was 111 years old. His favourite meals were fried shrimp and Japanese miso soup with clams. He drank milk every morning and read the newspaper, avoided alcohol and did not smoke. Henry Allingham, a British veteran of the First World War, is now the oldest man in the world, according to Guinness World Records. He celebrated his 113th birthday on June 6. Allingham - one of only two surviving First World War veterans in Britain - joined the Royal Naval Air Service, precursor to the Royal Air Force, in 1915. A year later, he took part in the Battle of Jutland, which was the war's largest naval battle. In March this year, he was made an Officer of France's Legion of Honour, and he holds the British War Medal and the Victory Medal. He was married to his late wife Dorothy for more than half a century, and has lived to see the birth of his great-great-great grandchild. Allingham - who lives in a care home for blind ex-service personnel - once attributed his age to "cigarettes, whisky and wild, wild women", the British PA news agency reported. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2146EDT ------------------- END -- OF -- ITEM ------------------- AP-APTN-0130: US Iran 2 Saturday, 20 June 2009 STORY:US Iran 2- REPLAY House of Rep condemns Tehran crackdown; Senate, LA exiles reax LENGTH: 03:04 FIRST RUN: 2330 RESTRICTIONS: AP Clients Only TYPE: English/Nat SOURCE: AP TELEVISION/ House TV STORY NUMBER: 610276 DATELINE: Washington DC/Los Angeles - 19 June 2009 LENGTH: 03:04 SHOTLIST: (FIRST RUN 1830 NORTH AMERICA PRIME NEWS - 19 JUNE 2009) House TV Pool - AP Clients Only Washington, DC - June 19, 2009 1. Wide of House of Representatives, with vote tally on screen 2. UPSOUND: (English) "On this vote the yeas are 405, the nays are one, with two members voting present." 3. SOUNDBITE: (English) Howard Berman, U.S. Congressman, Democrat representing 28th District of California: "They want justice. This morning the supreme leader offered none. It is not for us to decide who should run Iran, much less determine the real winner of the June 12 election. But we must reaffirm our strong belief that the Iranian people have a fundamental right to express their views about the future of their country freely and without intimidation." 4. Wide of House floor 5. SOUNDBITE: (English) Eric Cantor, U.S. Congressman, Republican representing 7th District of Virginia: "We must rally the world around the cause of the Iranian people and I urge the administration, I urge President Obama to follow the lead of this House, to speak out on behalf of the Iranian people and their quest for freedom and human rights. And I yield back." ++NEW (FIRST RUN 2330 AMERICAS PRIME NEWS - 19 JUNE 2009) POOL Senate TV - AP Clients Only Washington, DC - June 19, 2009 6. Various of Senate approving Iran resolutions (FIRST RUN 1830 NORTH AMERICA PRIME NEWS - 19 JUNE 2009) AP Television - AP Clients Only Washington, DC - June 19, 2009 7. Wide of White House Spokesman Robert Gibbs walking to podium 8. SOUNDBITE: (English) Robert Gibbs, White House Spokesman: "We're not gonna be used as political foils and political footballs in a debate that's happening by Iranians, in Iran. There are many people in the leadership that would love us to get involved." 9. Wide of briefing's end ++ NEW (FIRST RUN 2330 AMERICAS PRIME NEWS - 19 JUNE 2009) AP Television - AP Clients Only Los Angeles, California - June 19, 2009 10. Various of streets in Los Angeles area known as "Tehrangeles" 11. SOUNDBITE: (English) Arghavan Shahsavarian, Iranian American: "I don't think anybody knows how long it's going to go on for. I mean nothing like this has happened since the revolution." 12. SOUNDBITE: (English) Mojean Amouzegar, Iranian American: "Some people arrested, some people injured and killed and then nothing happened again. Because the government is very powerful. Ayatollah Khamenei is very powerful." 13. Medium of sign for KIRN radio station (Iranian radio station) 14. Medium of radio presenters during show 15. Tight of show host 16. Tight of sound board 17. SOUNDBITE: (English) Sassan Kamali, Morning Show Host, KIRN 670 AM Radio: "And the military is taking over. The religious military is taking over, which is even more dangerous than the clerics by itself." 18. Medium of presenter reading news in Farsi 19. Wide of presenter and studio STORYLINE: In the strongest message yet from the US government, the House of Representatives voted 405-1 on Friday to condemn Tehran's crackdown on demonstrators and the government's interference with Internet and cell phone communications. The resolution was initiated by Republicans as a veiled criticism of President Barack Obama. The president has mostly spoken in quite measured terms, reluctant to speak too strongly about the disputed elections that left hard-liner President Mahmoud Ahmadinejad in charge of the Muslim nation. The resolution expressed support for "all Iranian citizens who embrace the values of freedom, human rights, civil liberties and rule of law" and affirms "the importance of democratic and fair elections". It also condemned "the ongoing violence" by the government and pro-government militias against demonstrators, as well as government "suppression of independent electronic communications through interference with the Internet and cell phones". Democrats agreed with the Republicans on pushing through the mildly worded resolution. Democrat Howard Berman, the chairman of the House Foreign Affairs Committee and co-sponsor of the resolution, said it was "not for us to decide who should run Iran, much less determine the real winner of the June 12 election". But he said the Iranian people had a "fundamental right" to express their views "freely and without intimidation." Republican Eric Cantor said he wanted Obama to "follow the lead of this house, to speak out on behalf of the Iranian people and their quest for freedom and human rights." Obama, whose goal is to engage Tehran in the hopes of blunting its perceived ambition of a nuclear weapon, has stayed mostly neutral on the election dispute, talking in measured terms about the aspirations of the Iranian people to have their voices heard. Obama's chief spokesman said the resolution condemning the Iranian election largely reflects the message the White House has sent this week. But at the same time, Robert Gibbs told reporters the White House would not be used as a pawn in the political struggle unfolding in Iran He said the US government would not be used as "political footballs" in an internal Iranian debate, although he said there were "many people in the leadership who would love us to get involved." Gibbs said that the administration welcomed the resolution, and he denied that Obama had not spoken out as fiercely as the House did. Congress, particularly the 435-member House, frequently weighs in on foreign policy matters, when a similar message from the State Department or the White House would be considered confrontational. Such resolutions have no practical effect other than to express the opinion of lawmakers and try to influence the administration in power at the time. The resolution was approved in the Senate as well. In Tehran, Iran's supreme leader said on Friday that the country's disputed presidential vote had not been rigged, sternly warning protesters of a crackdown if they continue massive demonstrations demanding a new election. Supreme Leader Ayatollah Ali Khamenei had already approved the June 12 election results that gave hard-line Ahmadinejad a landslide victory, but he has not been able to ignore the powerful defiance of the opposition, which has called the vote rigged, of his authority. Khamenei also said the 11 (m) million votes that separated Ahmadinejad from his top opponent, Mir Hossein Mousavi, were proof that fraud did not occur. In an area of Los Angeles dubbed "Tehrangeles" since it is home to a large Iranian population, residents weren't optimistic about a breakthrough in the standoff. "I don't think anybody knows how long it's going to go on for. I mean nothing like this has happened since the revolution," said Arghavan Shahsavarian, and Iranian American in Los Angeles. An Iranian radio show host in Los Angeles said, in his view, the situation clearly was not improving. "The religious military is taking over, which is even more dangerous than the clerics by itself," said Sassan Kamali, Morning Show Host, KIRN 670 AM Radio. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN (Copyright 2009 by The Associated Press. All Rights Reserved.) AP-NY-06-19-09 2148EDT ------------------- END -- OF -- ITEM -------------------
CASEY ANTHONY TRIAL / SWITCHED P1
FTG FOR COVERAGE OF THE CASEY ANTHONY MURDER TRIAL / SWITCHED POOL NOTE: JUDGE'S COMMENTS ARE ALWAYS IN CAPS 9:13:20 - court resumes. 9:13:30 - judge says state has additional evidence to submit and mentions an issue involving judicial review. 9:14:40 - ON JULY 2 2008 CASEY ANTHONY OBTAINED TATTOO SAYING BELLA VITA. THIS PRHASE TRANSLATES TO A BEAUTIFUL LIFE. PARTIES HAVE AGREED TO THIS FACT. 9:15:30 - state wants to submit pieces of tire cover into evidence. 9:16:20 - mason: there was inquiry from jury about review of item 313, judge: THEY VIEWED IT YESTERDAY. how did they come to that conclusion that they wanted to view the item, they're not supposed to be talking about the case to each other? state says it's not an issue with jury looking at evidence. 9:18:10 - jury returns. 9:18:50 - state and defense have entered into a stipulation. JUDGE READS STIPULATION REGARDING TATTOO SAYING BELLA VITA. THIS ITALIAN PHRASE TRANSLATES INTO A BEAUTIFUL PHRASE. PARTIES HAVE AGREED TO THIS FACT. 9:19:50 - state wants to move into evidence samples of spare tire cover placed in metal cans. received into evidence. 9:20:20 - your honor at this point the state rests. LADIES AND GENTLEMAN OF THE JURY, THE STATE HAS NOW RESTED ITS CASE, ATTORNEYS APPROACH FOR SIDEBAR. 9:21:55 - JUDGE SAYS LEGAL MATTERS NEED TO BE TAKEN UP OUTSIDE OF JURY PRESEENCE. JURY WILL RECONVENE TOMORROW MORNING AT 9AM. 9:23:20 - jury excused for the day. 9:24:10 - judge asks baez, mason if there's a motion they'd like to make. judge references cases given to him by defense. I AM FAMILIAR WITH ALL OF THEM EXCEPT BAUGH, KENNEDY AND IF YOU WOULD LIKE I WOULD READ THOSE OR WE CAN GO STRAIGHT INTO YOUR ARGUMENT WITHOUT ME READING THOSE. WHAT IS YOUR PLEASURE? THE STATE PROVIDED THEIRS ON MONDAY AND I DID READ THE ENTIRE BOOK THEY PRESENTED. mason startes talking but is off mic, can't hear him. 9:26:30 - mason: it's well established that at close of evidence, we are entitled to present argument to court seeking a judgement of acquittal. if the evidence is insufficient to warrant a conviction, courts steps in to enter judgment of acquittal. if you view evidence in light most favorable to prosecution, and not state has not established beyond reasonable doubt, the court can give jugement of acquittal 9:28:00 - florida supreme court a few months ago, in this type of capital case, the supreme court reaffirmed there's a special standard of review that's required. the court said a motion for judgement of acquittal should be given in a case based solely on circumstantial evidence where the only proof of guilt is circumstantial, a conviction cannot be sustained. 9:29:45 - supreme court has further stated that one accused of crime must be presumed innocent until proven guilty beyond a reasonable doubt. when state relies only on circum evidence, it must be consistent with reasonable hypothesis of innocence. circumstantial evidence is legal evidence, and a well connected chain of circumstantial evidence is as valid as direct chain of evidence. 9:31:00 - circumstantial evidence must be proved beyond a reasonable doubt. dr. g concluded it was homicide extablished by prepoderance of evidence, the circumstantial evidence must be of such a conclusive nature your convinced beyond a resaon doubt of defendant's guilt. 9:32:10 - the state in presenting its evidence has established in a light most favorable to them. ms anthony has history of untruth among family and friends which began in 2006 with the nanny. they have establisehd the child is dead. they have presented no evidence to establish when the chid died. where she died, how she died, who was with her when she died. they have failed to rebut the reasonable hypothesis that it was accidental death. 9:33:50 - count 1 first degree premeditated murder evidence fails to include hypothesis of innocence. the evidence relied upon by state must be consistent with other reasonable hypotheses. there has been in this case no evidence of premeditation presented to this jury. there is a stacking of inferences and speculation but no evidence. 9:35:20 - the smith case is of interest in this case. in smith tampa bay police found body floating in bay, having been wrapped in chains and tape around it. the lady was missing for some period of time, the husband did not call police and report it. THAT'S NOT DONALD SMITH VS STATE? FIRST DISTRICT COURT OF APPEALS. the court ruled in this case that premeditation could be proven by circumstantial evidence, the evidence must be inconsistent with every other reasonable hypothesis. 9:37:20 - that is a major similarity to the case we have. here we don't have any cause of death. experts do not know cause of death. we have speculation on part of dr. g that it was a homicide. 9:38:30 - nelson serrano was convicted of execution style murder of four people. there was no question as to cause and manner of death. the issue is whether serrano was the shooter. 9:40:15 - another issue with count 1 murder, the alleged felony of child abuse is merged into count 1 as a manner of law. there is no evidence of any prior trauma to this child. the first 18 witnesses called, while they besmirched her history of lies, they confirmed she was a dedicated loving caring mother. 9:42:25 - ARE YOU FAMILIAR WITH FIRST DIS COURT OF APPEALS DECISION WHERE THEY CLAIM COURT DECISION IN BROOKS WAS ...HOW WOULD YOU SQUARE LEWIS IN TERMS OF BROOKS? the supreme court says, until they change, they're the boss on that issue. they say lewis is trying to undo it. but the law today is brooks. 9:44:00 - the kennedy court said the standard for aggravated child abuse. talks about the court making an error in not properly identifying what is meant by aggravated child abuse. reads legal jargon. 9:45:10 - there is no evidence before this court that the state alleges chloroform or duct tape was used, that evidence is subject to question, all of the witnesses were asked about history of torture, inappropriate discipline by the defendant and the absence of evidence beyond reasonable doubt the primary purpose fact. 9:46:30 - count 3, aggravated manslaughter: state is requred to prove caylee is dead, proven. the death of caylee was caused by intentional act of casey, not proven. and that caylee was under 18. our position that what has been presented to you is the mere presence of duct tape near the remains, nothing stronger than a suspicion, there has been no evidence presented as to culpable negligence on part of defendant. 9:48:45 - there has been no evidence that could be considered at that standard of culpable negligence and no evidence as the causation of this child's death. 9:49:20 - count 4, 5, 6, 7 - as of my last look there's not a single appellate court case on this statute. i think it is constitutionally fishy because it doesn't have requirements of materiality. we have materiality in every other similarity. ISN'T THAT ARGUMENT A LITTLE LATE IN THE DAY? i am raising that issue in saying that in additon to that by way of arugment is based on statements attributed to the defendant. we filed motions to supress, miranda was not done, you ruled on that. 9:50:55 - there is jury instruction that says statements attributed to defendant have been introduced into evidnce. if statements are involunatarily made you must disregard them. i am going to be requesting taht statute include reference to evidence. witneses like yuri melich are such that she cearly was not advised of miranda warning rights despite being surrounded by law enforcement. 9:52:25 - the other case i cited, the baugh case, i gave you to read. in that case there are issues of lack of corraborating evidence. that state is required to prove element beyond reasonable doubt. 9:53:45 - these victims were bludgeoned to death and stabbed multiple times. a violent struggle had gone on. a broken neck in one victim. there were questions of fingerprint evidence. if you read and think about last 18 days of evidence you have to say huh, where is the similar evidence in this case. it's wholly circumstantial evidence. standard of review applies. you'll see wait a minute, there are serious questions raised here. the case is not here. 9:56:10 - mason references another case involving circumstantial evidence. the courts decision overruled death penalty. also references case involving hair evidence. supreme court in ballard reversed conviction and death penalty for acquittal. 9:57:40 - case of cox vs. state of florida. decision from 1989, cox was convicted and sentenced to death. supreme court reversed for acquittal. state relied totally on circumstantial evidence. supreme court in cox said it was insufficient. they had evidence of blood, foot prints. death sentence not just commuted to life but reversed to acquittal. 10:01:10 - the court discussed in reference to this case and others the absence of history. in serrano case there was history of bad blood, law suits. millions of dollars involved. in this case there is not any evidence other than a caring mother, child relationship. there is no confession. a piece of cardboard was found in vicinity of body and that it had heart shape emblem on cardboard. the only evidence to do with heart shape was testimony of fbi analyst that she had an image of heart shape on the ege of the duct tape but somehow, poof, they couldn't photograph it. 10:02:15 - we have no evidence that connects that circumstantially. the only evidence we have of duct tape is questionable. the only person shown to have had access to duct tape was the grandfather. 10:03:30 - BEFORE YOU PROCEED, YOU MENTIONED ACCIDENTAL DEATH. WHAT RECORD EVIDENCE IS THERE OF AN ACCIDENTAL DEATH THAT THE COURT CAN LOOK AT? as of this point there is no record evidence of ax death. state has burden not the defense. 10:04:45 - mason references yet another court case. all of cases relied upon by state there is no mystery as to cause of death. cites case darling vs state. in this case victim had been shot in head, fingerprint connected to defendant. dna evidence admitted. 10:06:30 - talks about another case, reynolds case, defendant convicted of murder. must of evidence could not be wholly circum. 10:07:30 - in each of those cases there was not question as to cause of death. circumstantial evidence rule could not really exisit. in our case, there's no other way. circumstantial evidence by way of what ... how was this child killed, where was she killed, was she killed at all or was it accidental death. 10:08:30 - there is no eviddnce ...we have all the suspicion in the world, which was the quality of testimony we heard from witnesses, we have no evidence to exclude that there was no murder at all, no premeditation, no history to suggest culpable negligence, and counts 1 2 and 3 are demanding judgement of acquittal. 10:09:45- state: as the court so stated yesterday, the law is the law. while a great portion of defense's argument dealt with recitaiton of what law is, defense spent majority of it discussion taking facts from cases and comparing them to this case. the cases that i had provded to court the other day were not provided because they were facutally similar but because they stated what court and counsel already know. 10:11:00 - the reason serrano was included in case packet was for proposition that the state is not requied to rebut conclusively every possible variation of evidence but only to introduce evidence inconsistent with defense's theory of events. in serrano, theory of innocence was alibi. state provided evidence alibi was lacking. 10:12:00 - in reference to casey's statements to witnesses, that zani kidpanned the child and had no contact with the child and didn't know what happened. evidence has conclusively rebutted that hypothesis of innocence. the suggestion that there was some accidental theory is exactly what i would argue serrano is designed to avoid. this is a possible variation of events the state does not have to conclusively rebut. however if the court accepts that the argument established that an accident is a possibility in this case, dr. g has stated unequivocally that this was not an accident. the suggested witness to this accident, george anthony, has conclusively rebutted this hypothesis. 10:14:15 - case of jackson vs state. florida supreme court 2010, the defense challenged the state did not present sufficient evidence. in that case, the ME, testifed that because the body was badly decomp, he was unable to find definitive injury and classified it as homicide by undetermined means. there were a multitude of possibilities, hypothesis of innocence, all of which were rebutted by ME, he stresed that his opinion was based on his significant amount of his experience as ME, the findings at the grave site and common sense. 10:16:30 - it is our position that a reasonable jury can conclude that cyalee died as a result of the application of three pieces of duct tape to her nose and mouth. a reasonable jury can conclude caylee died as a result of poisoning by chloroform. a reasonable jury could conclude that caylee died of combination of the two based on evidence discovered in trunk and how the remains were discovered. a reasonable jury can conclude the relationship between parties in this case, cindy and casey, did provide motive for casey to eliminate the child. a reasonable jury can conclude casey began preparations for elimination of the child as early as march 2008, when she was searching computer for how to make chlor. 10:18:30 - jackson goes on to state that state does not need to present evidence showing exact cause of death. the only real issue has to do with case of brooks vs state. the defense presented only that case to the court. 10:20:00 - dorsey does not address whether or not the language regarding merger doctrine between aggravated child abuse and first degree murder would require judgement of acquittal. 10:20:55- the mechanism required that results in death of child in dorsey was something that was more than single instantaneous act. 10:22:00 - subsequent to lewis, panels conflict with each other as to whether or not language in brooks are dicta. 10:23:10 - references more court cases related to brooks case. second district court of appeals, march 2011, more than one hold or grip on victim during single act of abuse, did not constitute single act of abuse. it's our argument that since a reasonable jury can conclude that caylee's death was caused by application of multiple pieces of duct tape, obstructing both mouth and nose, that would not constitute a single act of abuse. the aggravated child abuse does not merge into the homicide and precludes us from application of felony murder rule. 10:25:30 - the other issue has to do with issue of premeditation. at this juncture, resolving all inferences in favor of state the question evidence establlished the child died that this was an intentional act by defendant designed to caue childs death. there's no fixed period of time that must pass. but when casey decieded to place duct tape on childs face ....three ...that sufficient time had passed for her to understand nature of that act and that premeditation has been established. we would ask court to deny motion of acquittal as it relates to all counts of the indictment 10:27:30 - Mason: the state says it has presented evidence of poisoning by chloroform. I don't believe there was evidence of poisoning by chloroform. dr. G acknowledged the issue of chlor had to do with claim of traces from decomp. she employed services of bruce goldberg who did every test they knew how to do and there was no chloroform found. the duct tape issue, it had not been wound around this child's head. there were two pieces of dcut tape found, one attached to some hair, one attached to it, and the third was a few feet away. ? 10:29:30 - there is no evidence the duct tape had anything to do with casey. there were no fingerprints, no possession, no witness. the only use of duct tape was by george anthony putting some over valve in gas can. the only evidence of computer searches were unrelated issues of self defense and prior to any relevant times. 10:30:45 - references jackson case. ME did not say his opinion was based on preponderance of evidence. it has nothing to do with our case. in reading notes in each case they cited. abdul vs state. victim was doused with gas and lit on fire. norton case, gunshot wound in victims head. that wasn't sufficient to establish premeditated murder. 10:32:30 - references lewis case. there was no evidence in that case, on our case there's been no evidence she used duct tape for any purpose, it is forcing, guessing, speculation and not in this country. 10:34:00 - I HAVE READ MOST OF THESE CASES AND I HAVE SPENT A GREAT DEAL OF TIME OVER THE WEEKEND RESEARCHING AND READING ALL THE CASES AND I HAVE REVIEWED TESTIMOLY GIVEN IN THIS CASE. court recesses until 11:15 11:16:50 - BOTH STATE AND DEFENSE HAVE PRESENTED ARGUMENTS ON JUDGEMENT OF ACQUITTAL, BOTH STATE AND DEFENSE CITED CASE OF SERRANO VS STATE, A MARCH 17, 2011 DECISION OF FLORIDA SUPREME COURT WHICH LAYS OUT MOTIONS FOR JOA. COURT ALSO TOOK INTO CONSIDERATON DERISSO VS STATE. THE COURT IN THAT OPINION GOES ON TO SAY THAT WHEN MOTION FOR JOA IN CIRCUMSTANTIAL CASE, COURT MUST DETERMINE IF EVIDENCE AND DEFENSE THEORIES, UNDER CIRCUMSTANTIAL EVIDENCE STANDARD WHEN VIEWED IN LIGHT MOST FAVORABLE TO THE STATE, MOTION FOR ACQUITALL MUST BE DENIED. WE HAVE HELD STATE IS NOT REQUIRED TO REBUT EVERY POSSIBLE VARIATION OF EVIDENCE BUT HAS TO INTRODUCE COMPETENT EVIDENCE THAT'S INCONSISTENT WITH DEFENDEANT'S THEORY. ONCE THAT BURDEN IS MET, IT BECOMES THE JURY'S DUTY TO DETERMININE IF EVIDENCE IS SUFFICIENT TO EXCLUDE EVERY REASON HYPOTHESIS OF INNOCENCE BEYOND A REASONABLE DOUBT. 11:20:00 - PIERCES VS STATE, A 2004 DECISION OF THE FLORIDA SUPREME COURT, EVIDENCE FROM WHICH PREMEDITATION MAY OCCUR IS THE WEAPON USED, MANNER IN WHICH HOMIDICE IS COMMITTED, WHERE ELEMENTS OF PREMEDITATION ARE THOUGHT TO BE ESTABLISHED BY CIRCUMSTANTIAL EVIDENCE, THE EVIDENCE MUST BE INCONSISTENT WITH EVERY OTHER REASONABLE INFERENCES. 11:21:00- THE FLORIDA SUPREME COURT IN CASE OF ROSE VS STATE, A 1982 DECISION, DEALING WITH CASE INVOLVING CIRCUMSTANTIAL EVIDENCE, THE DEFENDANT WAS THE LAST PERSON SEEN WITH VICTIM. IN THAT CASE THE DEFENDANT DID HAVE SOME MOTIVE. THERE WAS AN 8 YEAR OLD VICITM. THE EVIDENCE SHOWED DEFENDANT WAS LAST PERSON SEEN WITH HER AT A BOWLING ALLEY. EVIDENCE SHOWED HE LEFT WITH THAT VICTIM AND THAT HE DATED THE MOTHER FOR ABOUT 9 MOS. NO LONGER DATING. SUBSEQUENT TO THIS, HE WAS FOUND WITH LARGE SPOT OF BLOOD ON HIS PANTS. FIBER EVIDENCE AND DEFENDANT MADE NUMEROUS STATEMENTS THAT WERE INCONSISTENT. COURT CONCLUDED THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN FIRST DEGREE MURDER. 11:23:10 - CRANIN VS STATE, IN THIS CASE, THERE'S INTERESTING FACTS. THE EVIDENCE SHOWED THAT THE DEFENDANT MET THE VICTIM'S MOTHER, THAT HE WAS THE LAST PERSON SEEN WITH THE VICTIM. THE LAST TIME THE CHILD WAS SEEN SHE WAS SEEN SLEEPING NEXT TO DEFENDANT IN THIS CASE. PERSON ABRUPTLY DISAPPEARED. THE SUPREME COURT IN FINDING THIS EVIDENCE SUFFICIENT CITED CASE OUT OF SUPREME COUT OF VIRGINIA. 11:25:00 - A 1982 DECISION OF SUPREME COURT OF VIRGINIA, IN THAT CASE, THE VICTIM DISAPPEARED ON A NIGHT IN JUNE 1980. LAST SEEN LEAVING HOTEL, LEFT WITH DEFENDANT IN THIS CASE, WENT TO A LAKE HOUSE, DISAPPEARED AND HER BODY WAS NEVER FOUND. COURT TALKS ABOUT PREMEDITATON IN THAT CASE. 11:26:50 - THE EVIDENCE PRESENTED IN THIS CASE WAS THAT ON FEB 16, 1973, A TENANT HEARD MOANING SOUNDS COMING FROM A CELLAR. THIS WITNESS, TOOK FLASHLIGHT AND WENT TO A CELLAR. THEY SAW A BOY LYING NAKED FACE DOWN ON FLOOR. THEY CALLED POLICE, THEY TOOK THE BOY TO HOSPITAL. HE WAS LATER DISCHARGED. CAME HOME. CONDITION DETERIOATED, TAKEN BACK TO HOSPITAL WHERE HE REMAINED UNTIL HIS DEATH. THE VICITM WAS LAST SEEN WITH DEFENDANT PRIOR TO VICTIMS DISAPPEARANCE. 11:29:15 - THIS COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. THE COURT GOES ON TO LAY OUT OTHER REASONS. THE LAST CASE THE COURT REVIEWED WAS CASE OUT OF SUPREME COURT OF ARKANSAS. 1985 DECISION. THE DEFENDANT WAS LAST INDIVIDUAL SEEN ALIVE WITH THE VICTIM. COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. 11:31:00 - THE DEFNESE BRINGS UP ISSUE WHETHER FELONY MURDER WOULD BE APPLICABLE. THE COURT HAS REVIEWED BROOKS AND AMANDA E. LEWIS VS STATE, A 2010 OF FIRST DISTRICT COURT OF APPEALS. THE FIRST DISTRICT POINTS OUT A COUPLE OF THINGS. A DEFENDANT WHO KILLS A CHILD DURING AGGRAVATED CHILD ABUSE MAY BE CONVICTED OF BOTH ABUSE AND MURDER REGARLDESS OF NUMBER OF ACTS THAT CAUSE DEATH. 11:32:40 - THE KEY ARGUMENT IS WHETHER OR NOT THERE IS MORE THAN ONE SINGLE ACT THAT LEADS TO ABUSE OR DEATH. IN THIS CASE, THERE IS MORE THAN A SINGLE ACT. THOSE ACTS CONSIST OF DUCT TAPING NOSE, MOUTH, PRESENCE OF CHLOROFORM IN THE TRUNK, COUPLED WITH FACT THAT THERE IS EVIDENCE THAT THE CHILD WAS PLACED IN A TRASH BAG. AND THE STATEMENTS INTRODUCED INTO EVIDENCE THAT EVEN DURING THIS TIME PERIOD THE DEFENDANT SAID THE CHILD WAS ALIVE. IT IS QUITE CLEAR THERE IS MORE THAN ONE SINGLE ACT WHICH SATISIFIES TEST OF BROOKS VS STATE. 11:34:20 - CONSIDERING EVIDENCE IN LIGHT MOST FAVORABLE TO STATE, THE DEFENSE'S MOTION OF JOA FOR COUNTS 1 THRU 7 ARE HEREBY DENIEND. THESE ARE QUESTIONS FOR THE JURY TO DECIDE. THE COURT FINDS THE STATE HAS PRESENTEND SUBSTANTIAL, COMPETENT EVIDENCE FOR THIS JURY TO DECIDE THIS ISSUE. COURT WILL BE IN RECESS UNTIL 9AM TOMORROW MORNING.
Charlie Rose and Amanda Burden at Vanity Fair Party - 2012 Tribeca Film Festival
Charlie Rose and Amanda Burden at Vanity Fair Party - 2012 Tribeca Film Festival on 4/17/2012 in New York, NY, United States. (Footage by WireImage Video/Getty Images Entertainment Video)
RUSHES: Rishi Sunak press conference
Rishi Sunak press conference; Part 1 of 16 ENGLAND: London: Westminster: Downing Street: INT Cabinet members arriving and taking seats including Steve Barclay MP (Health Secretary) and Jeremy Hunt MP (Chancellor) / Rishi Sunak MP (Prime Minister), Stephen Powis (Medical Director of NHS England) and Amanda Pritchard (Chief Executive of NHS England) arriving / Rishi Sunak MP (Prime Minister) speech SOT ('Cut Waiting Lists' sign on lectern and 'Our Priories' listed on wall in background). - For 75 years, the NHS has existed for an enduring moral purpose: To give every single person in our country the security… …that comes from knowing that if you’re sick, you will be cared for. Rich or poor, young or old, in work or out… …the NHS is there for you, whenever and wherever you need it. I believe in the NHS because it’s fundamental to my family. My Dad was a GP; my Mum was a pharmacist… … and I saw from an early age the difference they made to the community where they lived and worked. And the difference made by the hundreds of thousands of others… …who sacrifice so much, for so many… …in the service of that higher purpose, of protecting our nation’s health. But while that purpose has never changed, what has changed are the challenges facing the NHS. Our society is growing older. The burden of illness is changing. And all of this will put pressure on an already overstretched workforce. A couple of weeks ago, I joined doctors and nurses on the late shift at Watford General Hospital. I saw courageous, hard-working men and women… …doing extraordinary things in difficult circumstances. And they told me the same message we hear time and time again… …from leaders in the health care sector and the public. We need more Doctors and Nurses to ease the pressures… … and we need reform, to free them up to do their jobs properly. And they’re right. Governments from all parties have ducked the challenge...
CASEY ANTHONY TRIAL / SWITCHED P2
FTG FOR COVERAGE OF THE CASEY ANTHONY MURDER TRIAL / SWITCHED POOL NOTE: JUDGE'S COMMENTS ARE ALWAYS IN CAPS 9:13:20 - court resumes. 9:13:30 - judge says state has additional evidence to submit and mentions an issue involving judicial review. 9:14:40 - ON JULY 2 2008 CASEY ANTHONY OBTAINED TATTOO SAYING BELLA VITA. THIS PRHASE TRANSLATES TO A BEAUTIFUL LIFE. PARTIES HAVE AGREED TO THIS FACT. 9:15:30 - state wants to submit pieces of tire cover into evidence. 9:16:20 - mason: there was inquiry from jury about review of item 313, judge: THEY VIEWED IT YESTERDAY. how did they come to that conclusion that they wanted to view the item, they're not supposed to be talking about the case to each other? state says it's not an issue with jury looking at evidence. 9:18:10 - jury returns. 9:18:50 - state and defense have entered into a stipulation. JUDGE READS STIPULATION REGARDING TATTOO SAYING BELLA VITA. THIS ITALIAN PHRASE TRANSLATES INTO A BEAUTIFUL PHRASE. PARTIES HAVE AGREED TO THIS FACT. 9:19:50 - state wants to move into evidence samples of spare tire cover placed in metal cans. received into evidence. 9:20:20 - your honor at this point the state rests. LADIES AND GENTLEMAN OF THE JURY, THE STATE HAS NOW RESTED ITS CASE, ATTORNEYS APPROACH FOR SIDEBAR. 9:21:55 - JUDGE SAYS LEGAL MATTERS NEED TO BE TAKEN UP OUTSIDE OF JURY PRESEENCE. JURY WILL RECONVENE TOMORROW MORNING AT 9AM. 9:23:20 - jury excused for the day. 9:24:10 - judge asks baez, mason if there's a motion they'd like to make. judge references cases given to him by defense. I AM FAMILIAR WITH ALL OF THEM EXCEPT BAUGH, KENNEDY AND IF YOU WOULD LIKE I WOULD READ THOSE OR WE CAN GO STRAIGHT INTO YOUR ARGUMENT WITHOUT ME READING THOSE. WHAT IS YOUR PLEASURE? THE STATE PROVIDED THEIRS ON MONDAY AND I DID READ THE ENTIRE BOOK THEY PRESENTED. mason startes talking but is off mic, can't hear him. 9:26:30 - mason: it's well established that at close of evidence, we are entitled to present argument to court seeking a judgement of acquittal. if the evidence is insufficient to warrant a conviction, courts steps in to enter judgment of acquittal. if you view evidence in light most favorable to prosecution, and not state has not established beyond reasonable doubt, the court can give jugement of acquittal 9:28:00 - florida supreme court a few months ago, in this type of capital case, the supreme court reaffirmed there's a special standard of review that's required. the court said a motion for judgement of acquittal should be given in a case based solely on circumstantial evidence where the only proof of guilt is circumstantial, a conviction cannot be sustained. 9:29:45 - supreme court has further stated that one accused of crime must be presumed innocent until proven guilty beyond a reasonable doubt. when state relies only on circum evidence, it must be consistent with reasonable hypothesis of innocence. circumstantial evidence is legal evidence, and a well connected chain of circumstantial evidence is as valid as direct chain of evidence. 9:31:00 - circumstantial evidence must be proved beyond a reasonable doubt. dr. g concluded it was homicide extablished by prepoderance of evidence, the circumstantial evidence must be of such a conclusive nature your convinced beyond a resaon doubt of defendant's guilt. 9:32:10 - the state in presenting its evidence has established in a light most favorable to them. ms anthony has history of untruth among family and friends which began in 2006 with the nanny. they have establisehd the child is dead. they have presented no evidence to establish when the chid died. where she died, how she died, who was with her when she died. they have failed to rebut the reasonable hypothesis that it was accidental death. 9:33:50 - count 1 first degree premeditated murder evidence fails to include hypothesis of innocence. the evidence relied upon by state must be consistent with other reasonable hypotheses. there has been in this case no evidence of premeditation presented to this jury. there is a stacking of inferences and speculation but no evidence. 9:35:20 - the smith case is of interest in this case. in smith tampa bay police found body floating in bay, having been wrapped in chains and tape around it. the lady was missing for some period of time, the husband did not call police and report it. THAT'S NOT DONALD SMITH VS STATE? FIRST DISTRICT COURT OF APPEALS. the court ruled in this case that premeditation could be proven by circumstantial evidence, the evidence must be inconsistent with every other reasonable hypothesis. 9:37:20 - that is a major similarity to the case we have. here we don't have any cause of death. experts do not know cause of death. we have speculation on part of dr. g that it was a homicide. 9:38:30 - nelson serrano was convicted of execution style murder of four people. there was no question as to cause and manner of death. the issue is whether serrano was the shooter. 9:40:15 - another issue with count 1 murder, the alleged felony of child abuse is merged into count 1 as a manner of law. there is no evidence of any prior trauma to this child. the first 18 witnesses called, while they besmirched her history of lies, they confirmed she was a dedicated loving caring mother. 9:42:25 - ARE YOU FAMILIAR WITH FIRST DIS COURT OF APPEALS DECISION WHERE THEY CLAIM COURT DECISION IN BROOKS WAS ...HOW WOULD YOU SQUARE LEWIS IN TERMS OF BROOKS? the supreme court says, until they change, they're the boss on that issue. they say lewis is trying to undo it. but the law today is brooks. 9:44:00 - the kennedy court said the standard for aggravated child abuse. talks about the court making an error in not properly identifying what is meant by aggravated child abuse. reads legal jargon. 9:45:10 - there is no evidence before this court that the state alleges chloroform or duct tape was used, that evidence is subject to question, all of the witnesses were asked about history of torture, inappropriate discipline by the defendant and the absence of evidence beyond reasonable doubt the primary purpose fact. 9:46:30 - count 3, aggravated manslaughter: state is requred to prove caylee is dead, proven. the death of caylee was caused by intentional act of casey, not proven. and that caylee was under 18. our position that what has been presented to you is the mere presence of duct tape near the remains, nothing stronger than a suspicion, there has been no evidence presented as to culpable negligence on part of defendant. 9:48:45 - there has been no evidence that could be considered at that standard of culpable negligence and no evidence as the causation of this child's death. 9:49:20 - count 4, 5, 6, 7 - as of my last look there's not a single appellate court case on this statute. i think it is constitutionally fishy because it doesn't have requirements of materiality. we have materiality in every other similarity. ISN'T THAT ARGUMENT A LITTLE LATE IN THE DAY? i am raising that issue in saying that in additon to that by way of arugment is based on statements attributed to the defendant. we filed motions to supress, miranda was not done, you ruled on that. 9:50:55 - there is jury instruction that says statements attributed to defendant have been introduced into evidnce. if statements are involunatarily made you must disregard them. i am going to be requesting taht statute include reference to evidence. witneses like yuri melich are such that she cearly was not advised of miranda warning rights despite being surrounded by law enforcement. 9:52:25 - the other case i cited, the baugh case, i gave you to read. in that case there are issues of lack of corraborating evidence. that state is required to prove element beyond reasonable doubt. 9:53:45 - these victims were bludgeoned to death and stabbed multiple times. a violent struggle had gone on. a broken neck in one victim. there were questions of fingerprint evidence. if you read and think about last 18 days of evidence you have to say huh, where is the similar evidence in this case. it's wholly circumstantial evidence. standard of review applies. you'll see wait a minute, there are serious questions raised here. the case is not here. 9:56:10 - mason references another case involving circumstantial evidence. the courts decision overruled death penalty. also references case involving hair evidence. supreme court in ballard reversed conviction and death penalty for acquittal. 9:57:40 - case of cox vs. state of florida. decision from 1989, cox was convicted and sentenced to death. supreme court reversed for acquittal. state relied totally on circumstantial evidence. supreme court in cox said it was insufficient. they had evidence of blood, foot prints. death sentence not just commuted to life but reversed to acquittal. 10:01:10 - the court discussed in reference to this case and others the absence of history. in serrano case there was history of bad blood, law suits. millions of dollars involved. in this case there is not any evidence other than a caring mother, child relationship. there is no confession. a piece of cardboard was found in vicinity of body and that it had heart shape emblem on cardboard. the only evidence to do with heart shape was testimony of fbi analyst that she had an image of heart shape on the ege of the duct tape but somehow, poof, they couldn't photograph it. 10:02:15 - we have no evidence that connects that circumstantially. the only evidence we have of duct tape is questionable. the only person shown to have had access to duct tape was the grandfather. 10:03:30 - BEFORE YOU PROCEED, YOU MENTIONED ACCIDENTAL DEATH. WHAT RECORD EVIDENCE IS THERE OF AN ACCIDENTAL DEATH THAT THE COURT CAN LOOK AT? as of this point there is no record evidence of ax death. state has burden not the defense. 10:04:45 - mason references yet another court case. all of cases relied upon by state there is no mystery as to cause of death. cites case darling vs state. in this case victim had been shot in head, fingerprint connected to defendant. dna evidence admitted. 10:06:30 - talks about another case, reynolds case, defendant convicted of murder. must of evidence could not be wholly circum. 10:07:30 - in each of those cases there was not question as to cause of death. circumstantial evidence rule could not really exisit. in our case, there's no other way. circumstantial evidence by way of what ... how was this child killed, where was she killed, was she killed at all or was it accidental death. 10:08:30 - there is no eviddnce ...we have all the suspicion in the world, which was the quality of testimony we heard from witnesses, we have no evidence to exclude that there was no murder at all, no premeditation, no history to suggest culpable negligence, and counts 1 2 and 3 are demanding judgement of acquittal. 10:09:45- state: as the court so stated yesterday, the law is the law. while a great portion of defense's argument dealt with recitaiton of what law is, defense spent majority of it discussion taking facts from cases and comparing them to this case. the cases that i had provded to court the other day were not provided because they were facutally similar but because they stated what court and counsel already know. 10:11:00 - the reason serrano was included in case packet was for proposition that the state is not requied to rebut conclusively every possible variation of evidence but only to introduce evidence inconsistent with defense's theory of events. in serrano, theory of innocence was alibi. state provided evidence alibi was lacking. 10:12:00 - in reference to casey's statements to witnesses, that zani kidpanned the child and had no contact with the child and didn't know what happened. evidence has conclusively rebutted that hypothesis of innocence. the suggestion that there was some accidental theory is exactly what i would argue serrano is designed to avoid. this is a possible variation of events the state does not have to conclusively rebut. however if the court accepts that the argument established that an accident is a possibility in this case, dr. g has stated unequivocally that this was not an accident. the suggested witness to this accident, george anthony, has conclusively rebutted this hypothesis. 10:14:15 - case of jackson vs state. florida supreme court 2010, the defense challenged the state did not present sufficient evidence. in that case, the ME, testifed that because the body was badly decomp, he was unable to find definitive injury and classified it as homicide by undetermined means. there were a multitude of possibilities, hypothesis of innocence, all of which were rebutted by ME, he stresed that his opinion was based on his significant amount of his experience as ME, the findings at the grave site and common sense. 10:16:30 - it is our position that a reasonable jury can conclude that cyalee died as a result of the application of three pieces of duct tape to her nose and mouth. a reasonable jury can conclude caylee died as a result of poisoning by chloroform. a reasonable jury could conclude that caylee died of combination of the two based on evidence discovered in trunk and how the remains were discovered. a reasonable jury can conclude the relationship between parties in this case, cindy and casey, did provide motive for casey to eliminate the child. a reasonable jury can conclude casey began preparations for elimination of the child as early as march 2008, when she was searching computer for how to make chlor. 10:18:30 - jackson goes on to state that state does not need to present evidence showing exact cause of death. the only real issue has to do with case of brooks vs state. the defense presented only that case to the court. 10:20:00 - dorsey does not address whether or not the language regarding merger doctrine between aggravated child abuse and first degree murder would require judgement of acquittal. 10:20:55- the mechanism required that results in death of child in dorsey was something that was more than single instantaneous act. 10:22:00 - subsequent to lewis, panels conflict with each other as to whether or not language in brooks are dicta. 10:23:10 - references more court cases related to brooks case. second district court of appeals, march 2011, more than one hold or grip on victim during single act of abuse, did not constitute single act of abuse. it's our argument that since a reasonable jury can conclude that caylee's death was caused by application of multiple pieces of duct tape, obstructing both mouth and nose, that would not constitute a single act of abuse. the aggravated child abuse does not merge into the homicide and precludes us from application of felony murder rule. 10:25:30 - the other issue has to do with issue of premeditation. at this juncture, resolving all inferences in favor of state the question evidence establlished the child died that this was an intentional act by defendant designed to caue childs death. there's no fixed period of time that must pass. but when casey decieded to place duct tape on childs face ....three ...that sufficient time had passed for her to understand nature of that act and that premeditation has been established. we would ask court to deny motion of acquittal as it relates to all counts of the indictment 10:27:30 - Mason: the state says it has presented evidence of poisoning by chloroform. I don't believe there was evidence of poisoning by chloroform. dr. G acknowledged the issue of chlor had to do with claim of traces from decomp. she employed services of bruce goldberg who did every test they knew how to do and there was no chloroform found. the duct tape issue, it had not been wound around this child's head. there were two pieces of dcut tape found, one attached to some hair, one attached to it, and the third was a few feet away. ? 10:29:30 - there is no evidence the duct tape had anything to do with casey. there were no fingerprints, no possession, no witness. the only use of duct tape was by george anthony putting some over valve in gas can. the only evidence of computer searches were unrelated issues of self defense and prior to any relevant times. 10:30:45 - references jackson case. ME did not say his opinion was based on preponderance of evidence. it has nothing to do with our case. in reading notes in each case they cited. abdul vs state. victim was doused with gas and lit on fire. norton case, gunshot wound in victims head. that wasn't sufficient to establish premeditated murder. 10:32:30 - references lewis case. there was no evidence in that case, on our case there's been no evidence she used duct tape for any purpose, it is forcing, guessing, speculation and not in this country. 10:34:00 - I HAVE READ MOST OF THESE CASES AND I HAVE SPENT A GREAT DEAL OF TIME OVER THE WEEKEND RESEARCHING AND READING ALL THE CASES AND I HAVE REVIEWED TESTIMOLY GIVEN IN THIS CASE. court recesses until 11:15 11:16:50 - BOTH STATE AND DEFENSE HAVE PRESENTED ARGUMENTS ON JUDGEMENT OF ACQUITTAL, BOTH STATE AND DEFENSE CITED CASE OF SERRANO VS STATE, A MARCH 17, 2011 DECISION OF FLORIDA SUPREME COURT WHICH LAYS OUT MOTIONS FOR JOA. COURT ALSO TOOK INTO CONSIDERATON DERISSO VS STATE. THE COURT IN THAT OPINION GOES ON TO SAY THAT WHEN MOTION FOR JOA IN CIRCUMSTANTIAL CASE, COURT MUST DETERMINE IF EVIDENCE AND DEFENSE THEORIES, UNDER CIRCUMSTANTIAL EVIDENCE STANDARD WHEN VIEWED IN LIGHT MOST FAVORABLE TO THE STATE, MOTION FOR ACQUITALL MUST BE DENIED. WE HAVE HELD STATE IS NOT REQUIRED TO REBUT EVERY POSSIBLE VARIATION OF EVIDENCE BUT HAS TO INTRODUCE COMPETENT EVIDENCE THAT'S INCONSISTENT WITH DEFENDEANT'S THEORY. ONCE THAT BURDEN IS MET, IT BECOMES THE JURY'S DUTY TO DETERMININE IF EVIDENCE IS SUFFICIENT TO EXCLUDE EVERY REASON HYPOTHESIS OF INNOCENCE BEYOND A REASONABLE DOUBT. 11:20:00 - PIERCES VS STATE, A 2004 DECISION OF THE FLORIDA SUPREME COURT, EVIDENCE FROM WHICH PREMEDITATION MAY OCCUR IS THE WEAPON USED, MANNER IN WHICH HOMIDICE IS COMMITTED, WHERE ELEMENTS OF PREMEDITATION ARE THOUGHT TO BE ESTABLISHED BY CIRCUMSTANTIAL EVIDENCE, THE EVIDENCE MUST BE INCONSISTENT WITH EVERY OTHER REASONABLE INFERENCES. 11:21:00- THE FLORIDA SUPREME COURT IN CASE OF ROSE VS STATE, A 1982 DECISION, DEALING WITH CASE INVOLVING CIRCUMSTANTIAL EVIDENCE, THE DEFENDANT WAS THE LAST PERSON SEEN WITH VICTIM. IN THAT CASE THE DEFENDANT DID HAVE SOME MOTIVE. THERE WAS AN 8 YEAR OLD VICITM. THE EVIDENCE SHOWED DEFENDANT WAS LAST PERSON SEEN WITH HER AT A BOWLING ALLEY. EVIDENCE SHOWED HE LEFT WITH THAT VICTIM AND THAT HE DATED THE MOTHER FOR ABOUT 9 MOS. NO LONGER DATING. SUBSEQUENT TO THIS, HE WAS FOUND WITH LARGE SPOT OF BLOOD ON HIS PANTS. FIBER EVIDENCE AND DEFENDANT MADE NUMEROUS STATEMENTS THAT WERE INCONSISTENT. COURT CONCLUDED THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN FIRST DEGREE MURDER. 11:23:10 - CRANIN VS STATE, IN THIS CASE, THERE'S INTERESTING FACTS. THE EVIDENCE SHOWED THAT THE DEFENDANT MET THE VICTIM'S MOTHER, THAT HE WAS THE LAST PERSON SEEN WITH THE VICTIM. THE LAST TIME THE CHILD WAS SEEN SHE WAS SEEN SLEEPING NEXT TO DEFENDANT IN THIS CASE. PERSON ABRUPTLY DISAPPEARED. THE SUPREME COURT IN FINDING THIS EVIDENCE SUFFICIENT CITED CASE OUT OF SUPREME COUT OF VIRGINIA. 11:25:00 - A 1982 DECISION OF SUPREME COURT OF VIRGINIA, IN THAT CASE, THE VICTIM DISAPPEARED ON A NIGHT IN JUNE 1980. LAST SEEN LEAVING HOTEL, LEFT WITH DEFENDANT IN THIS CASE, WENT TO A LAKE HOUSE, DISAPPEARED AND HER BODY WAS NEVER FOUND. COURT TALKS ABOUT PREMEDITATON IN THAT CASE. 11:26:50 - THE EVIDENCE PRESENTED IN THIS CASE WAS THAT ON FEB 16, 1973, A TENANT HEARD MOANING SOUNDS COMING FROM A CELLAR. THIS WITNESS, TOOK FLASHLIGHT AND WENT TO A CELLAR. THEY SAW A BOY LYING NAKED FACE DOWN ON FLOOR. THEY CALLED POLICE, THEY TOOK THE BOY TO HOSPITAL. HE WAS LATER DISCHARGED. CAME HOME. CONDITION DETERIOATED, TAKEN BACK TO HOSPITAL WHERE HE REMAINED UNTIL HIS DEATH. THE VICITM WAS LAST SEEN WITH DEFENDANT PRIOR TO VICTIMS DISAPPEARANCE. 11:29:15 - THIS COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. THE COURT GOES ON TO LAY OUT OTHER REASONS. THE LAST CASE THE COURT REVIEWED WAS CASE OUT OF SUPREME COURT OF ARKANSAS. 1985 DECISION. THE DEFENDANT WAS LAST INDIVIDUAL SEEN ALIVE WITH THE VICTIM. COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. 11:31:00 - THE DEFNESE BRINGS UP ISSUE WHETHER FELONY MURDER WOULD BE APPLICABLE. THE COURT HAS REVIEWED BROOKS AND AMANDA E. LEWIS VS STATE, A 2010 OF FIRST DISTRICT COURT OF APPEALS. THE FIRST DISTRICT POINTS OUT A COUPLE OF THINGS. A DEFENDANT WHO KILLS A CHILD DURING AGGRAVATED CHILD ABUSE MAY BE CONVICTED OF BOTH ABUSE AND MURDER REGARLDESS OF NUMBER OF ACTS THAT CAUSE DEATH. 11:32:40 - THE KEY ARGUMENT IS WHETHER OR NOT THERE IS MORE THAN ONE SINGLE ACT THAT LEADS TO ABUSE OR DEATH. IN THIS CASE, THERE IS MORE THAN A SINGLE ACT. THOSE ACTS CONSIST OF DUCT TAPING NOSE, MOUTH, PRESENCE OF CHLOROFORM IN THE TRUNK, COUPLED WITH FACT THAT THERE IS EVIDENCE THAT THE CHILD WAS PLACED IN A TRASH BAG. AND THE STATEMENTS INTRODUCED INTO EVIDENCE THAT EVEN DURING THIS TIME PERIOD THE DEFENDANT SAID THE CHILD WAS ALIVE. IT IS QUITE CLEAR THERE IS MORE THAN ONE SINGLE ACT WHICH SATISIFIES TEST OF BROOKS VS STATE. 11:34:20 - CONSIDERING EVIDENCE IN LIGHT MOST FAVORABLE TO STATE, THE DEFENSE'S MOTION OF JOA FOR COUNTS 1 THRU 7 ARE HEREBY DENIEND. THESE ARE QUESTIONS FOR THE JURY TO DECIDE. THE COURT FINDS THE STATE HAS PRESENTEND SUBSTANTIAL, COMPETENT EVIDENCE FOR THIS JURY TO DECIDE THIS ISSUE. COURT WILL BE IN RECESS UNTIL 9AM TOMORROW MORNING.
CASEY ANTHONY TRIAL / ISO P1
FTG FOR COVERAGE OF THE CASEY ANTHONY MURDER TRIAL / ANTHONY ISO CAM NOTE: JUDGE'S COMMENTS ARE ALWAYS IN CAPS 9:13:20 - court resumes. 9:13:30 - judge says state has additional evidence to submit and mentions an issue involving judicial review. 9:14:40 - ON JULY 2 2008 CASEY ANTHONY OBTAINED TATTOO SAYING BELLA VITA. THIS PRHASE TRANSLATES TO A BEAUTIFUL LIFE. PARTIES HAVE AGREED TO THIS FACT. 9:15:30 - state wants to submit pieces of tire cover into evidence. 9:16:20 - mason: there was inquiry from jury about review of item 313, judge: THEY VIEWED IT YESTERDAY. how did they come to that conclusion that they wanted to view the item, they're not supposed to be talking about the case to each other? state says it's not an issue with jury looking at evidence. 9:18:10 - jury returns. 9:18:50 - state and defense have entered into a stipulation. JUDGE READS STIPULATION REGARDING TATTOO SAYING BELLA VITA. THIS ITALIAN PHRASE TRANSLATES INTO A BEAUTIFUL PHRASE. PARTIES HAVE AGREED TO THIS FACT. 9:19:50 - state wants to move into evidence samples of spare tire cover placed in metal cans. received into evidence. 9:20:20 - your honor at this point the state rests. LADIES AND GENTLEMAN OF THE JURY, THE STATE HAS NOW RESTED ITS CASE, ATTORNEYS APPROACH FOR SIDEBAR. 9:21:55 - JUDGE SAYS LEGAL MATTERS NEED TO BE TAKEN UP OUTSIDE OF JURY PRESEENCE. JURY WILL RECONVENE TOMORROW MORNING AT 9AM. 9:23:20 - jury excused for the day. 9:24:10 - judge asks baez, mason if there's a motion they'd like to make. judge references cases given to him by defense. I AM FAMILIAR WITH ALL OF THEM EXCEPT BAUGH, KENNEDY AND IF YOU WOULD LIKE I WOULD READ THOSE OR WE CAN GO STRAIGHT INTO YOUR ARGUMENT WITHOUT ME READING THOSE. WHAT IS YOUR PLEASURE? THE STATE PROVIDED THEIRS ON MONDAY AND I DID READ THE ENTIRE BOOK THEY PRESENTED. mason startes talking but is off mic, can't hear him. 9:26:30 - mason: it's well established that at close of evidence, we are entitled to present argument to court seeking a judgement of acquittal. if the evidence is insufficient to warrant a conviction, courts steps in to enter judgment of acquittal. if you view evidence in light most favorable to prosecution, and not state has not established beyond reasonable doubt, the court can give jugement of acquittal 9:28:00 - florida supreme court a few months ago, in this type of capital case, the supreme court reaffirmed there's a special standard of review that's required. the court said a motion for judgement of acquittal should be given in a case based solely on circumstantial evidence where the only proof of guilt is circumstantial, a conviction cannot be sustained. 9:29:45 - supreme court has further stated that one accused of crime must be presumed innocent until proven guilty beyond a reasonable doubt. when state relies only on circum evidence, it must be consistent with reasonable hypothesis of innocence. circumstantial evidence is legal evidence, and a well connected chain of circumstantial evidence is as valid as direct chain of evidence. 9:31:00 - circumstantial evidence must be proved beyond a reasonable doubt. dr. g concluded it was homicide extablished by prepoderance of evidence, the circumstantial evidence must be of such a conclusive nature your convinced beyond a resaon doubt of defendant's guilt. 9:32:10 - the state in presenting its evidence has established in a light most favorable to them. ms anthony has history of untruth among family and friends which began in 2006 with the nanny. they have establisehd the child is dead. they have presented no evidence to establish when the chid died. where she died, how she died, who was with her when she died. they have failed to rebut the reasonable hypothesis that it was accidental death. 9:33:50 - count 1 first degree premeditated murder evidence fails to include hypothesis of innocence. the evidence relied upon by state must be consistent with other reasonable hypotheses. there has been in this case no evidence of premeditation presented to this jury. there is a stacking of inferences and speculation but no evidence. 9:35:20 - the smith case is of interest in this case. in smith tampa bay police found body floating in bay, having been wrapped in chains and tape around it. the lady was missing for some period of time, the husband did not call police and report it. THAT'S NOT DONALD SMITH VS STATE? FIRST DISTRICT COURT OF APPEALS. the court ruled in this case that premeditation could be proven by circumstantial evidence, the evidence must be inconsistent with every other reasonable hypothesis. 9:37:20 - that is a major similarity to the case we have. here we don't have any cause of death. experts do not know cause of death. we have speculation on part of dr. g that it was a homicide. 9:38:30 - nelson serrano was convicted of execution style murder of four people. there was no question as to cause and manner of death. the issue is whether serrano was the shooter. 9:40:15 - another issue with count 1 murder, the alleged felony of child abuse is merged into count 1 as a manner of law. there is no evidence of any prior trauma to this child. the first 18 witnesses called, while they besmirched her history of lies, they confirmed she was a dedicated loving caring mother. 9:42:25 - ARE YOU FAMILIAR WITH FIRST DIS COURT OF APPEALS DECISION WHERE THEY CLAIM COURT DECISION IN BROOKS WAS ...HOW WOULD YOU SQUARE LEWIS IN TERMS OF BROOKS? the supreme court says, until they change, they're the boss on that issue. they say lewis is trying to undo it. but the law today is brooks. 9:44:00 - the kennedy court said the standard for aggravated child abuse. talks about the court making an error in not properly identifying what is meant by aggravated child abuse. reads legal jargon. 9:45:10 - there is no evidence before this court that the state alleges chloroform or duct tape was used, that evidence is subject to question, all of the witnesses were asked about history of torture, inappropriate discipline by the defendant and the absence of evidence beyond reasonable doubt the primary purpose fact. 9:46:30 - count 3, aggravated manslaughter: state is requred to prove caylee is dead, proven. the death of caylee was caused by intentional act of casey, not proven. and that caylee was under 18. our position that what has been presented to you is the mere presence of duct tape near the remains, nothing stronger than a suspicion, there has been no evidence presented as to culpable negligence on part of defendant. 9:48:45 - there has been no evidence that could be considered at that standard of culpable negligence and no evidence as the causation of this child's death. 9:49:20 - count 4, 5, 6, 7 - as of my last look there's not a single appellate court case on this statute. i think it is constitutionally fishy because it doesn't have requirements of materiality. we have materiality in every other similarity. ISN'T THAT ARGUMENT A LITTLE LATE IN THE DAY? i am raising that issue in saying that in additon to that by way of arugment is based on statements attributed to the defendant. we filed motions to supress, miranda was not done, you ruled on that. 9:50:55 - there is jury instruction that says statements attributed to defendant have been introduced into evidnce. if statements are involunatarily made you must disregard them. i am going to be requesting taht statute include reference to evidence. witneses like yuri melich are such that she cearly was not advised of miranda warning rights despite being surrounded by law enforcement. 9:52:25 - the other case i cited, the baugh case, i gave you to read. in that case there are issues of lack of corraborating evidence. that state is required to prove element beyond reasonable doubt. 9:53:45 - these victims were bludgeoned to death and stabbed multiple times. a violent struggle had gone on. a broken neck in one victim. there were questions of fingerprint evidence. if you read and think about last 18 days of evidence you have to say huh, where is the similar evidence in this case. it's wholly circumstantial evidence. standard of review applies. you'll see wait a minute, there are serious questions raised here. the case is not here. 9:56:10 - mason references another case involving circumstantial evidence. the courts decision overruled death penalty. also references case involving hair evidence. supreme court in ballard reversed conviction and death penalty for acquittal. 9:57:40 - case of cox vs. state of florida. decision from 1989, cox was convicted and sentenced to death. supreme court reversed for acquittal. state relied totally on circumstantial evidence. supreme court in cox said it was insufficient. they had evidence of blood, foot prints. death sentence not just commuted to life but reversed to acquittal. 10:01:10 - the court discussed in reference to this case and others the absence of history. in serrano case there was history of bad blood, law suits. millions of dollars involved. in this case there is not any evidence other than a caring mother, child relationship. there is no confession. a piece of cardboard was found in vicinity of body and that it had heart shape emblem on cardboard. the only evidence to do with heart shape was testimony of fbi analyst that she had an image of heart shape on the ege of the duct tape but somehow, poof, they couldn't photograph it. 10:02:15 - we have no evidence that connects that circumstantially. the only evidence we have of duct tape is questionable. the only person shown to have had access to duct tape was the grandfather. 10:03:30 - BEFORE YOU PROCEED, YOU MENTIONED ACCIDENTAL DEATH. WHAT RECORD EVIDENCE IS THERE OF AN ACCIDENTAL DEATH THAT THE COURT CAN LOOK AT? as of this point there is no record evidence of ax death. state has burden not the defense. 10:04:45 - mason references yet another court case. all of cases relied upon by state there is no mystery as to cause of death. cites case darling vs state. in this case victim had been shot in head, fingerprint connected to defendant. dna evidence admitted. 10:06:30 - talks about another case, reynolds case, defendant convicted of murder. must of evidence could not be wholly circum. 10:07:30 - in each of those cases there was not question as to cause of death. circumstantial evidence rule could not really exisit. in our case, there's no other way. circumstantial evidence by way of what ... how was this child killed, where was she killed, was she killed at all or was it accidental death. 10:08:30 - there is no eviddnce ...we have all the suspicion in the world, which was the quality of testimony we heard from witnesses, we have no evidence to exclude that there was no murder at all, no premeditation, no history to suggest culpable negligence, and counts 1 2 and 3 are demanding judgement of acquittal. 10:09:45- state: as the court so stated yesterday, the law is the law. while a great portion of defense's argument dealt with recitaiton of what law is, defense spent majority of it discussion taking facts from cases and comparing them to this case. the cases that i had provded to court the other day were not provided because they were facutally similar but because they stated what court and counsel already know. 10:11:00 - the reason serrano was included in case packet was for proposition that the state is not requied to rebut conclusively every possible variation of evidence but only to introduce evidence inconsistent with defense's theory of events. in serrano, theory of innocence was alibi. state provided evidence alibi was lacking. 10:12:00 - in reference to casey's statements to witnesses, that zani kidpanned the child and had no contact with the child and didn't know what happened. evidence has conclusively rebutted that hypothesis of innocence. the suggestion that there was some accidental theory is exactly what i would argue serrano is designed to avoid. this is a possible variation of events the state does not have to conclusively rebut. however if the court accepts that the argument established that an accident is a possibility in this case, dr. g has stated unequivocally that this was not an accident. the suggested witness to this accident, george anthony, has conclusively rebutted this hypothesis. 10:14:15 - case of jackson vs state. florida supreme court 2010, the defense challenged the state did not present sufficient evidence. in that case, the ME, testifed that because the body was badly decomp, he was unable to find definitive injury and classified it as homicide by undetermined means. there were a multitude of possibilities, hypothesis of innocence, all of which were rebutted by ME, he stresed that his opinion was based on his significant amount of his experience as ME, the findings at the grave site and common sense. 10:16:30 - it is our position that a reasonable jury can conclude that cyalee died as a result of the application of three pieces of duct tape to her nose and mouth. a reasonable jury can conclude caylee died as a result of poisoning by chloroform. a reasonable jury could conclude that caylee died of combination of the two based on evidence discovered in trunk and how the remains were discovered. a reasonable jury can conclude the relationship between parties in this case, cindy and casey, did provide motive for casey to eliminate the child. a reasonable jury can conclude casey began preparations for elimination of the child as early as march 2008, when she was searching computer for how to make chlor. 10:18:30 - jackson goes on to state that state does not need to present evidence showing exact cause of death. the only real issue has to do with case of brooks vs state. the defense presented only that case to the court. 10:20:00 - dorsey does not address whether or not the language regarding merger doctrine between aggravated child abuse and first degree murder would require judgement of acquittal. 10:20:55- the mechanism required that results in death of child in dorsey was something that was more than single instantaneous act. 10:22:00 - subsequent to lewis, panels conflict with each other as to whether or not language in brooks are dicta. 10:23:10 - references more court cases related to brooks case. second district court of appeals, march 2011, more than one hold or grip on victim during single act of abuse, did not constitute single act of abuse. it's our argument that since a reasonable jury can conclude that caylee's death was caused by application of multiple pieces of duct tape, obstructing both mouth and nose, that would not constitute a single act of abuse. the aggravated child abuse does not merge into the homicide and precludes us from application of felony murder rule. 10:25:30 - the other issue has to do with issue of premeditation. at this juncture, resolving all inferences in favor of state the question evidence establlished the child died that this was an intentional act by defendant designed to caue childs death. there's no fixed period of time that must pass. but when casey decieded to place duct tape on childs face ....three ...that sufficient time had passed for her to understand nature of that act and that premeditation has been established. we would ask court to deny motion of acquittal as it relates to all counts of the indictment 10:27:30 - Mason: the state says it has presented evidence of poisoning by chloroform. I don't believe there was evidence of poisoning by chloroform. dr. G acknowledged the issue of chlor had to do with claim of traces from decomp. she employed services of bruce goldberg who did every test they knew how to do and there was no chloroform found. the duct tape issue, it had not been wound around this child's head. there were two pieces of dcut tape found, one attached to some hair, one attached to it, and the third was a few feet away. ? 10:29:30 - there is no evidence the duct tape had anything to do with casey. there were no fingerprints, no possession, no witness. the only use of duct tape was by george anthony putting some over valve in gas can. the only evidence of computer searches were unrelated issues of self defense and prior to any relevant times. 10:30:45 - references jackson case. ME did not say his opinion was based on preponderance of evidence. it has nothing to do with our case. in reading notes in each case they cited. abdul vs state. victim was doused with gas and lit on fire. norton case, gunshot wound in victims head. that wasn't sufficient to establish premeditated murder. 10:32:30 - references lewis case. there was no evidence in that case, on our case there's been no evidence she used duct tape for any purpose, it is forcing, guessing, speculation and not in this country. 10:34:00 - I HAVE READ MOST OF THESE CASES AND I HAVE SPENT A GREAT DEAL OF TIME OVER THE WEEKEND RESEARCHING AND READING ALL THE CASES AND I HAVE REVIEWED TESTIMOLY GIVEN IN THIS CASE. court recesses until 11:15 11:16:50 - BOTH STATE AND DEFENSE HAVE PRESENTED ARGUMENTS ON JUDGEMENT OF ACQUITTAL, BOTH STATE AND DEFENSE CITED CASE OF SERRANO VS STATE, A MARCH 17, 2011 DECISION OF FLORIDA SUPREME COURT WHICH LAYS OUT MOTIONS FOR JOA. COURT ALSO TOOK INTO CONSIDERATON DERISSO VS STATE. THE COURT IN THAT OPINION GOES ON TO SAY THAT WHEN MOTION FOR JOA IN CIRCUMSTANTIAL CASE, COURT MUST DETERMINE IF EVIDENCE AND DEFENSE THEORIES, UNDER CIRCUMSTANTIAL EVIDENCE STANDARD WHEN VIEWED IN LIGHT MOST FAVORABLE TO THE STATE, MOTION FOR ACQUITALL MUST BE DENIED. WE HAVE HELD STATE IS NOT REQUIRED TO REBUT EVERY POSSIBLE VARIATION OF EVIDENCE BUT HAS TO INTRODUCE COMPETENT EVIDENCE THAT'S INCONSISTENT WITH DEFENDEANT'S THEORY. ONCE THAT BURDEN IS MET, IT BECOMES THE JURY'S DUTY TO DETERMININE IF EVIDENCE IS SUFFICIENT TO EXCLUDE EVERY REASON HYPOTHESIS OF INNOCENCE BEYOND A REASONABLE DOUBT. 11:20:00 - PIERCES VS STATE, A 2004 DECISION OF THE FLORIDA SUPREME COURT, EVIDENCE FROM WHICH PREMEDITATION MAY OCCUR IS THE WEAPON USED, MANNER IN WHICH HOMIDICE IS COMMITTED, WHERE ELEMENTS OF PREMEDITATION ARE THOUGHT TO BE ESTABLISHED BY CIRCUMSTANTIAL EVIDENCE, THE EVIDENCE MUST BE INCONSISTENT WITH EVERY OTHER REASONABLE INFERENCES. 11:21:00- THE FLORIDA SUPREME COURT IN CASE OF ROSE VS STATE, A 1982 DECISION, DEALING WITH CASE INVOLVING CIRCUMSTANTIAL EVIDENCE, THE DEFENDANT WAS THE LAST PERSON SEEN WITH VICTIM. IN THAT CASE THE DEFENDANT DID HAVE SOME MOTIVE. THERE WAS AN 8 YEAR OLD VICITM. THE EVIDENCE SHOWED DEFENDANT WAS LAST PERSON SEEN WITH HER AT A BOWLING ALLEY. EVIDENCE SHOWED HE LEFT WITH THAT VICTIM AND THAT HE DATED THE MOTHER FOR ABOUT 9 MOS. NO LONGER DATING. SUBSEQUENT TO THIS, HE WAS FOUND WITH LARGE SPOT OF BLOOD ON HIS PANTS. FIBER EVIDENCE AND DEFENDANT MADE NUMEROUS STATEMENTS THAT WERE INCONSISTENT. COURT CONCLUDED THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN FIRST DEGREE MURDER. 11:23:10 - CRANIN VS STATE, IN THIS CASE, THERE'S INTERESTING FACTS. THE EVIDENCE SHOWED THAT THE DEFENDANT MET THE VICTIM'S MOTHER, THAT HE WAS THE LAST PERSON SEEN WITH THE VICTIM. THE LAST TIME THE CHILD WAS SEEN SHE WAS SEEN SLEEPING NEXT TO DEFENDANT IN THIS CASE. PERSON ABRUPTLY DISAPPEARED. THE SUPREME COURT IN FINDING THIS EVIDENCE SUFFICIENT CITED CASE OUT OF SUPREME COUT OF VIRGINIA. 11:25:00 - A 1982 DECISION OF SUPREME COURT OF VIRGINIA, IN THAT CASE, THE VICTIM DISAPPEARED ON A NIGHT IN JUNE 1980. LAST SEEN LEAVING HOTEL, LEFT WITH DEFENDANT IN THIS CASE, WENT TO A LAKE HOUSE, DISAPPEARED AND HER BODY WAS NEVER FOUND. COURT TALKS ABOUT PREMEDITATON IN THAT CASE. 11:26:50 - THE EVIDENCE PRESENTED IN THIS CASE WAS THAT ON FEB 16, 1973, A TENANT HEARD MOANING SOUNDS COMING FROM A CELLAR. THIS WITNESS, TOOK FLASHLIGHT AND WENT TO A CELLAR. THEY SAW A BOY LYING NAKED FACE DOWN ON FLOOR. THEY CALLED POLICE, THEY TOOK THE BOY TO HOSPITAL. HE WAS LATER DISCHARGED. CAME HOME. CONDITION DETERIOATED, TAKEN BACK TO HOSPITAL WHERE HE REMAINED UNTIL HIS DEATH. THE VICITM WAS LAST SEEN WITH DEFENDANT PRIOR TO VICTIMS DISAPPEARANCE. 11:29:15 - THIS COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. THE COURT GOES ON TO LAY OUT OTHER REASONS. THE LAST CASE THE COURT REVIEWED WAS CASE OUT OF SUPREME COURT OF ARKANSAS. 1985 DECISION. THE DEFENDANT WAS LAST INDIVIDUAL SEEN ALIVE WITH THE VICTIM. COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. 11:31:00 - THE DEFNESE BRINGS UP ISSUE WHETHER FELONY MURDER WOULD BE APPLICABLE. THE COURT HAS REVIEWED BROOKS AND AMANDA E. LEWIS VS STATE, A 2010 OF FIRST DISTRICT COURT OF APPEALS. THE FIRST DISTRICT POINTS OUT A COUPLE OF THINGS. A DEFENDANT WHO KILLS A CHILD DURING AGGRAVATED CHILD ABUSE MAY BE CONVICTED OF BOTH ABUSE AND MURDER REGARLDESS OF NUMBER OF ACTS THAT CAUSE DEATH. 11:32:40 - THE KEY ARGUMENT IS WHETHER OR NOT THERE IS MORE THAN ONE SINGLE ACT THAT LEADS TO ABUSE OR DEATH. IN THIS CASE, THERE IS MORE THAN A SINGLE ACT. THOSE ACTS CONSIST OF DUCT TAPING NOSE, MOUTH, PRESENCE OF CHLOROFORM IN THE TRUNK, COUPLED WITH FACT THAT THERE IS EVIDENCE THAT THE CHILD WAS PLACED IN A TRASH BAG. AND THE STATEMENTS INTRODUCED INTO EVIDENCE THAT EVEN DURING THIS TIME PERIOD THE DEFENDANT SAID THE CHILD WAS ALIVE. IT IS QUITE CLEAR THERE IS MORE THAN ONE SINGLE ACT WHICH SATISIFIES TEST OF BROOKS VS STATE. 11:34:20 - CONSIDERING EVIDENCE IN LIGHT MOST FAVORABLE TO STATE, THE DEFENSE'S MOTION OF JOA FOR COUNTS 1 THRU 7 ARE HEREBY DENIEND. THESE ARE QUESTIONS FOR THE JURY TO DECIDE. THE COURT FINDS THE STATE HAS PRESENTEND SUBSTANTIAL, COMPETENT EVIDENCE FOR THIS JURY TO DECIDE THIS ISSUE. COURT WILL BE IN RECESS UNTIL 9AM TOMORROW MORNING.
Charlie Rose and Amanda Burden at the 9th Annual Tribeca Film Festival - Vanity Fair Party at New York NY. (Footage by WireImage Video/GettyImages)
Charlie Rose and Amanda Burden at the 9th Annual Tribeca Film Festival - Vanity Fair Party at New York NY. (Footage by WireImage Video/GettyImages)
CASEY ANTHONY TRIAL / ISO P2
FTG FOR COVERAGE OF THE CASEY ANTHONY MURDER TRIAL / ANTHONY ISO CAM NOTE: JUDGE'S COMMENTS ARE ALWAYS IN CAPS 9:13:20 - court resumes. 9:13:30 - judge says state has additional evidence to submit and mentions an issue involving judicial review. 9:14:40 - ON JULY 2 2008 CASEY ANTHONY OBTAINED TATTOO SAYING BELLA VITA. THIS PRHASE TRANSLATES TO A BEAUTIFUL LIFE. PARTIES HAVE AGREED TO THIS FACT. 9:15:30 - state wants to submit pieces of tire cover into evidence. 9:16:20 - mason: there was inquiry from jury about review of item 313, judge: THEY VIEWED IT YESTERDAY. how did they come to that conclusion that they wanted to view the item, they're not supposed to be talking about the case to each other? state says it's not an issue with jury looking at evidence. 9:18:10 - jury returns. 9:18:50 - state and defense have entered into a stipulation. JUDGE READS STIPULATION REGARDING TATTOO SAYING BELLA VITA. THIS ITALIAN PHRASE TRANSLATES INTO A BEAUTIFUL PHRASE. PARTIES HAVE AGREED TO THIS FACT. 9:19:50 - state wants to move into evidence samples of spare tire cover placed in metal cans. received into evidence. 9:20:20 - your honor at this point the state rests. LADIES AND GENTLEMAN OF THE JURY, THE STATE HAS NOW RESTED ITS CASE, ATTORNEYS APPROACH FOR SIDEBAR. 9:21:55 - JUDGE SAYS LEGAL MATTERS NEED TO BE TAKEN UP OUTSIDE OF JURY PRESEENCE. JURY WILL RECONVENE TOMORROW MORNING AT 9AM. 9:23:20 - jury excused for the day. 9:24:10 - judge asks baez, mason if there's a motion they'd like to make. judge references cases given to him by defense. I AM FAMILIAR WITH ALL OF THEM EXCEPT BAUGH, KENNEDY AND IF YOU WOULD LIKE I WOULD READ THOSE OR WE CAN GO STRAIGHT INTO YOUR ARGUMENT WITHOUT ME READING THOSE. WHAT IS YOUR PLEASURE? THE STATE PROVIDED THEIRS ON MONDAY AND I DID READ THE ENTIRE BOOK THEY PRESENTED. mason startes talking but is off mic, can't hear him. 9:26:30 - mason: it's well established that at close of evidence, we are entitled to present argument to court seeking a judgement of acquittal. if the evidence is insufficient to warrant a conviction, courts steps in to enter judgment of acquittal. if you view evidence in light most favorable to prosecution, and not state has not established beyond reasonable doubt, the court can give jugement of acquittal 9:28:00 - florida supreme court a few months ago, in this type of capital case, the supreme court reaffirmed there's a special standard of review that's required. the court said a motion for judgement of acquittal should be given in a case based solely on circumstantial evidence where the only proof of guilt is circumstantial, a conviction cannot be sustained. 9:29:45 - supreme court has further stated that one accused of crime must be presumed innocent until proven guilty beyond a reasonable doubt. when state relies only on circum evidence, it must be consistent with reasonable hypothesis of innocence. circumstantial evidence is legal evidence, and a well connected chain of circumstantial evidence is as valid as direct chain of evidence. 9:31:00 - circumstantial evidence must be proved beyond a reasonable doubt. dr. g concluded it was homicide extablished by prepoderance of evidence, the circumstantial evidence must be of such a conclusive nature your convinced beyond a resaon doubt of defendant's guilt. 9:32:10 - the state in presenting its evidence has established in a light most favorable to them. ms anthony has history of untruth among family and friends which began in 2006 with the nanny. they have establisehd the child is dead. they have presented no evidence to establish when the chid died. where she died, how she died, who was with her when she died. they have failed to rebut the reasonable hypothesis that it was accidental death. 9:33:50 - count 1 first degree premeditated murder evidence fails to include hypothesis of innocence. the evidence relied upon by state must be consistent with other reasonable hypotheses. there has been in this case no evidence of premeditation presented to this jury. there is a stacking of inferences and speculation but no evidence. 9:35:20 - the smith case is of interest in this case. in smith tampa bay police found body floating in bay, having been wrapped in chains and tape around it. the lady was missing for some period of time, the husband did not call police and report it. THAT'S NOT DONALD SMITH VS STATE? FIRST DISTRICT COURT OF APPEALS. the court ruled in this case that premeditation could be proven by circumstantial evidence, the evidence must be inconsistent with every other reasonable hypothesis. 9:37:20 - that is a major similarity to the case we have. here we don't have any cause of death. experts do not know cause of death. we have speculation on part of dr. g that it was a homicide. 9:38:30 - nelson serrano was convicted of execution style murder of four people. there was no question as to cause and manner of death. the issue is whether serrano was the shooter. 9:40:15 - another issue with count 1 murder, the alleged felony of child abuse is merged into count 1 as a manner of law. there is no evidence of any prior trauma to this child. the first 18 witnesses called, while they besmirched her history of lies, they confirmed she was a dedicated loving caring mother. 9:42:25 - ARE YOU FAMILIAR WITH FIRST DIS COURT OF APPEALS DECISION WHERE THEY CLAIM COURT DECISION IN BROOKS WAS ...HOW WOULD YOU SQUARE LEWIS IN TERMS OF BROOKS? the supreme court says, until they change, they're the boss on that issue. they say lewis is trying to undo it. but the law today is brooks. 9:44:00 - the kennedy court said the standard for aggravated child abuse. talks about the court making an error in not properly identifying what is meant by aggravated child abuse. reads legal jargon. 9:45:10 - there is no evidence before this court that the state alleges chloroform or duct tape was used, that evidence is subject to question, all of the witnesses were asked about history of torture, inappropriate discipline by the defendant and the absence of evidence beyond reasonable doubt the primary purpose fact. 9:46:30 - count 3, aggravated manslaughter: state is requred to prove caylee is dead, proven. the death of caylee was caused by intentional act of casey, not proven. and that caylee was under 18. our position that what has been presented to you is the mere presence of duct tape near the remains, nothing stronger than a suspicion, there has been no evidence presented as to culpable negligence on part of defendant. 9:48:45 - there has been no evidence that could be considered at that standard of culpable negligence and no evidence as the causation of this child's death. 9:49:20 - count 4, 5, 6, 7 - as of my last look there's not a single appellate court case on this statute. i think it is constitutionally fishy because it doesn't have requirements of materiality. we have materiality in every other similarity. ISN'T THAT ARGUMENT A LITTLE LATE IN THE DAY? i am raising that issue in saying that in additon to that by way of arugment is based on statements attributed to the defendant. we filed motions to supress, miranda was not done, you ruled on that. 9:50:55 - there is jury instruction that says statements attributed to defendant have been introduced into evidnce. if statements are involunatarily made you must disregard them. i am going to be requesting taht statute include reference to evidence. witneses like yuri melich are such that she cearly was not advised of miranda warning rights despite being surrounded by law enforcement. 9:52:25 - the other case i cited, the baugh case, i gave you to read. in that case there are issues of lack of corraborating evidence. that state is required to prove element beyond reasonable doubt. 9:53:45 - these victims were bludgeoned to death and stabbed multiple times. a violent struggle had gone on. a broken neck in one victim. there were questions of fingerprint evidence. if you read and think about last 18 days of evidence you have to say huh, where is the similar evidence in this case. it's wholly circumstantial evidence. standard of review applies. you'll see wait a minute, there are serious questions raised here. the case is not here. 9:56:10 - mason references another case involving circumstantial evidence. the courts decision overruled death penalty. also references case involving hair evidence. supreme court in ballard reversed conviction and death penalty for acquittal. 9:57:40 - case of cox vs. state of florida. decision from 1989, cox was convicted and sentenced to death. supreme court reversed for acquittal. state relied totally on circumstantial evidence. supreme court in cox said it was insufficient. they had evidence of blood, foot prints. death sentence not just commuted to life but reversed to acquittal. 10:01:10 - the court discussed in reference to this case and others the absence of history. in serrano case there was history of bad blood, law suits. millions of dollars involved. in this case there is not any evidence other than a caring mother, child relationship. there is no confession. a piece of cardboard was found in vicinity of body and that it had heart shape emblem on cardboard. the only evidence to do with heart shape was testimony of fbi analyst that she had an image of heart shape on the ege of the duct tape but somehow, poof, they couldn't photograph it. 10:02:15 - we have no evidence that connects that circumstantially. the only evidence we have of duct tape is questionable. the only person shown to have had access to duct tape was the grandfather. 10:03:30 - BEFORE YOU PROCEED, YOU MENTIONED ACCIDENTAL DEATH. WHAT RECORD EVIDENCE IS THERE OF AN ACCIDENTAL DEATH THAT THE COURT CAN LOOK AT? as of this point there is no record evidence of ax death. state has burden not the defense. 10:04:45 - mason references yet another court case. all of cases relied upon by state there is no mystery as to cause of death. cites case darling vs state. in this case victim had been shot in head, fingerprint connected to defendant. dna evidence admitted. 10:06:30 - talks about another case, reynolds case, defendant convicted of murder. must of evidence could not be wholly circum. 10:07:30 - in each of those cases there was not question as to cause of death. circumstantial evidence rule could not really exisit. in our case, there's no other way. circumstantial evidence by way of what ... how was this child killed, where was she killed, was she killed at all or was it accidental death. 10:08:30 - there is no eviddnce ...we have all the suspicion in the world, which was the quality of testimony we heard from witnesses, we have no evidence to exclude that there was no murder at all, no premeditation, no history to suggest culpable negligence, and counts 1 2 and 3 are demanding judgement of acquittal. 10:09:45- state: as the court so stated yesterday, the law is the law. while a great portion of defense's argument dealt with recitaiton of what law is, defense spent majority of it discussion taking facts from cases and comparing them to this case. the cases that i had provded to court the other day were not provided because they were facutally similar but because they stated what court and counsel already know. 10:11:00 - the reason serrano was included in case packet was for proposition that the state is not requied to rebut conclusively every possible variation of evidence but only to introduce evidence inconsistent with defense's theory of events. in serrano, theory of innocence was alibi. state provided evidence alibi was lacking. 10:12:00 - in reference to casey's statements to witnesses, that zani kidpanned the child and had no contact with the child and didn't know what happened. evidence has conclusively rebutted that hypothesis of innocence. the suggestion that there was some accidental theory is exactly what i would argue serrano is designed to avoid. this is a possible variation of events the state does not have to conclusively rebut. however if the court accepts that the argument established that an accident is a possibility in this case, dr. g has stated unequivocally that this was not an accident. the suggested witness to this accident, george anthony, has conclusively rebutted this hypothesis. 10:14:15 - case of jackson vs state. florida supreme court 2010, the defense challenged the state did not present sufficient evidence. in that case, the ME, testifed that because the body was badly decomp, he was unable to find definitive injury and classified it as homicide by undetermined means. there were a multitude of possibilities, hypothesis of innocence, all of which were rebutted by ME, he stresed that his opinion was based on his significant amount of his experience as ME, the findings at the grave site and common sense. 10:16:30 - it is our position that a reasonable jury can conclude that cyalee died as a result of the application of three pieces of duct tape to her nose and mouth. a reasonable jury can conclude caylee died as a result of poisoning by chloroform. a reasonable jury could conclude that caylee died of combination of the two based on evidence discovered in trunk and how the remains were discovered. a reasonable jury can conclude the relationship between parties in this case, cindy and casey, did provide motive for casey to eliminate the child. a reasonable jury can conclude casey began preparations for elimination of the child as early as march 2008, when she was searching computer for how to make chlor. 10:18:30 - jackson goes on to state that state does not need to present evidence showing exact cause of death. the only real issue has to do with case of brooks vs state. the defense presented only that case to the court. 10:20:00 - dorsey does not address whether or not the language regarding merger doctrine between aggravated child abuse and first degree murder would require judgement of acquittal. 10:20:55- the mechanism required that results in death of child in dorsey was something that was more than single instantaneous act. 10:22:00 - subsequent to lewis, panels conflict with each other as to whether or not language in brooks are dicta. 10:23:10 - references more court cases related to brooks case. second district court of appeals, march 2011, more than one hold or grip on victim during single act of abuse, did not constitute single act of abuse. it's our argument that since a reasonable jury can conclude that caylee's death was caused by application of multiple pieces of duct tape, obstructing both mouth and nose, that would not constitute a single act of abuse. the aggravated child abuse does not merge into the homicide and precludes us from application of felony murder rule. 10:25:30 - the other issue has to do with issue of premeditation. at this juncture, resolving all inferences in favor of state the question evidence establlished the child died that this was an intentional act by defendant designed to caue childs death. there's no fixed period of time that must pass. but when casey decieded to place duct tape on childs face ....three ...that sufficient time had passed for her to understand nature of that act and that premeditation has been established. we would ask court to deny motion of acquittal as it relates to all counts of the indictment 10:27:30 - Mason: the state says it has presented evidence of poisoning by chloroform. I don't believe there was evidence of poisoning by chloroform. dr. G acknowledged the issue of chlor had to do with claim of traces from decomp. she employed services of bruce goldberg who did every test they knew how to do and there was no chloroform found. the duct tape issue, it had not been wound around this child's head. there were two pieces of dcut tape found, one attached to some hair, one attached to it, and the third was a few feet away. ? 10:29:30 - there is no evidence the duct tape had anything to do with casey. there were no fingerprints, no possession, no witness. the only use of duct tape was by george anthony putting some over valve in gas can. the only evidence of computer searches were unrelated issues of self defense and prior to any relevant times. 10:30:45 - references jackson case. ME did not say his opinion was based on preponderance of evidence. it has nothing to do with our case. in reading notes in each case they cited. abdul vs state. victim was doused with gas and lit on fire. norton case, gunshot wound in victims head. that wasn't sufficient to establish premeditated murder. 10:32:30 - references lewis case. there was no evidence in that case, on our case there's been no evidence she used duct tape for any purpose, it is forcing, guessing, speculation and not in this country. 10:34:00 - I HAVE READ MOST OF THESE CASES AND I HAVE SPENT A GREAT DEAL OF TIME OVER THE WEEKEND RESEARCHING AND READING ALL THE CASES AND I HAVE REVIEWED TESTIMOLY GIVEN IN THIS CASE. court recesses until 11:15 11:16:50 - BOTH STATE AND DEFENSE HAVE PRESENTED ARGUMENTS ON JUDGEMENT OF ACQUITTAL, BOTH STATE AND DEFENSE CITED CASE OF SERRANO VS STATE, A MARCH 17, 2011 DECISION OF FLORIDA SUPREME COURT WHICH LAYS OUT MOTIONS FOR JOA. COURT ALSO TOOK INTO CONSIDERATON DERISSO VS STATE. THE COURT IN THAT OPINION GOES ON TO SAY THAT WHEN MOTION FOR JOA IN CIRCUMSTANTIAL CASE, COURT MUST DETERMINE IF EVIDENCE AND DEFENSE THEORIES, UNDER CIRCUMSTANTIAL EVIDENCE STANDARD WHEN VIEWED IN LIGHT MOST FAVORABLE TO THE STATE, MOTION FOR ACQUITALL MUST BE DENIED. WE HAVE HELD STATE IS NOT REQUIRED TO REBUT EVERY POSSIBLE VARIATION OF EVIDENCE BUT HAS TO INTRODUCE COMPETENT EVIDENCE THAT'S INCONSISTENT WITH DEFENDEANT'S THEORY. ONCE THAT BURDEN IS MET, IT BECOMES THE JURY'S DUTY TO DETERMININE IF EVIDENCE IS SUFFICIENT TO EXCLUDE EVERY REASON HYPOTHESIS OF INNOCENCE BEYOND A REASONABLE DOUBT. 11:20:00 - PIERCES VS STATE, A 2004 DECISION OF THE FLORIDA SUPREME COURT, EVIDENCE FROM WHICH PREMEDITATION MAY OCCUR IS THE WEAPON USED, MANNER IN WHICH HOMIDICE IS COMMITTED, WHERE ELEMENTS OF PREMEDITATION ARE THOUGHT TO BE ESTABLISHED BY CIRCUMSTANTIAL EVIDENCE, THE EVIDENCE MUST BE INCONSISTENT WITH EVERY OTHER REASONABLE INFERENCES. 11:21:00- THE FLORIDA SUPREME COURT IN CASE OF ROSE VS STATE, A 1982 DECISION, DEALING WITH CASE INVOLVING CIRCUMSTANTIAL EVIDENCE, THE DEFENDANT WAS THE LAST PERSON SEEN WITH VICTIM. IN THAT CASE THE DEFENDANT DID HAVE SOME MOTIVE. THERE WAS AN 8 YEAR OLD VICITM. THE EVIDENCE SHOWED DEFENDANT WAS LAST PERSON SEEN WITH HER AT A BOWLING ALLEY. EVIDENCE SHOWED HE LEFT WITH THAT VICTIM AND THAT HE DATED THE MOTHER FOR ABOUT 9 MOS. NO LONGER DATING. SUBSEQUENT TO THIS, HE WAS FOUND WITH LARGE SPOT OF BLOOD ON HIS PANTS. FIBER EVIDENCE AND DEFENDANT MADE NUMEROUS STATEMENTS THAT WERE INCONSISTENT. COURT CONCLUDED THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN FIRST DEGREE MURDER. 11:23:10 - CRANIN VS STATE, IN THIS CASE, THERE'S INTERESTING FACTS. THE EVIDENCE SHOWED THAT THE DEFENDANT MET THE VICTIM'S MOTHER, THAT HE WAS THE LAST PERSON SEEN WITH THE VICTIM. THE LAST TIME THE CHILD WAS SEEN SHE WAS SEEN SLEEPING NEXT TO DEFENDANT IN THIS CASE. PERSON ABRUPTLY DISAPPEARED. THE SUPREME COURT IN FINDING THIS EVIDENCE SUFFICIENT CITED CASE OUT OF SUPREME COUT OF VIRGINIA. 11:25:00 - A 1982 DECISION OF SUPREME COURT OF VIRGINIA, IN THAT CASE, THE VICTIM DISAPPEARED ON A NIGHT IN JUNE 1980. LAST SEEN LEAVING HOTEL, LEFT WITH DEFENDANT IN THIS CASE, WENT TO A LAKE HOUSE, DISAPPEARED AND HER BODY WAS NEVER FOUND. COURT TALKS ABOUT PREMEDITATON IN THAT CASE. 11:26:50 - THE EVIDENCE PRESENTED IN THIS CASE WAS THAT ON FEB 16, 1973, A TENANT HEARD MOANING SOUNDS COMING FROM A CELLAR. THIS WITNESS, TOOK FLASHLIGHT AND WENT TO A CELLAR. THEY SAW A BOY LYING NAKED FACE DOWN ON FLOOR. THEY CALLED POLICE, THEY TOOK THE BOY TO HOSPITAL. HE WAS LATER DISCHARGED. CAME HOME. CONDITION DETERIOATED, TAKEN BACK TO HOSPITAL WHERE HE REMAINED UNTIL HIS DEATH. THE VICITM WAS LAST SEEN WITH DEFENDANT PRIOR TO VICTIMS DISAPPEARANCE. 11:29:15 - THIS COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. THE COURT GOES ON TO LAY OUT OTHER REASONS. THE LAST CASE THE COURT REVIEWED WAS CASE OUT OF SUPREME COURT OF ARKANSAS. 1985 DECISION. THE DEFENDANT WAS LAST INDIVIDUAL SEEN ALIVE WITH THE VICTIM. COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. 11:31:00 - THE DEFNESE BRINGS UP ISSUE WHETHER FELONY MURDER WOULD BE APPLICABLE. THE COURT HAS REVIEWED BROOKS AND AMANDA E. LEWIS VS STATE, A 2010 OF FIRST DISTRICT COURT OF APPEALS. THE FIRST DISTRICT POINTS OUT A COUPLE OF THINGS. A DEFENDANT WHO KILLS A CHILD DURING AGGRAVATED CHILD ABUSE MAY BE CONVICTED OF BOTH ABUSE AND MURDER REGARLDESS OF NUMBER OF ACTS THAT CAUSE DEATH. 11:32:40 - THE KEY ARGUMENT IS WHETHER OR NOT THERE IS MORE THAN ONE SINGLE ACT THAT LEADS TO ABUSE OR DEATH. IN THIS CASE, THERE IS MORE THAN A SINGLE ACT. THOSE ACTS CONSIST OF DUCT TAPING NOSE, MOUTH, PRESENCE OF CHLOROFORM IN THE TRUNK, COUPLED WITH FACT THAT THERE IS EVIDENCE THAT THE CHILD WAS PLACED IN A TRASH BAG. AND THE STATEMENTS INTRODUCED INTO EVIDENCE THAT EVEN DURING THIS TIME PERIOD THE DEFENDANT SAID THE CHILD WAS ALIVE. IT IS QUITE CLEAR THERE IS MORE THAN ONE SINGLE ACT WHICH SATISIFIES TEST OF BROOKS VS STATE. 11:34:20 - CONSIDERING EVIDENCE IN LIGHT MOST FAVORABLE TO STATE, THE DEFENSE'S MOTION OF JOA FOR COUNTS 1 THRU 7 ARE HEREBY DENIEND. THESE ARE QUESTIONS FOR THE JURY TO DECIDE. THE COURT FINDS THE STATE HAS PRESENTEND SUBSTANTIAL, COMPETENT EVIDENCE FOR THIS JURY TO DECIDE THIS ISSUE. COURT WILL BE IN RECESS UNTIL 9AM TOMORROW MORNING.
CASEY ANTHONY TRIAL / ISO P3
FTG FOR COVERAGE OF THE CASEY ANTHONY MURDER TRIAL / ANTHONY ISO CAM NOTE: JUDGE'S COMMENTS ARE ALWAYS IN CAPS 9:13:20 - court resumes. 9:13:30 - judge says state has additional evidence to submit and mentions an issue involving judicial review. 9:14:40 - ON JULY 2 2008 CASEY ANTHONY OBTAINED TATTOO SAYING BELLA VITA. THIS PRHASE TRANSLATES TO A BEAUTIFUL LIFE. PARTIES HAVE AGREED TO THIS FACT. 9:15:30 - state wants to submit pieces of tire cover into evidence. 9:16:20 - mason: there was inquiry from jury about review of item 313, judge: THEY VIEWED IT YESTERDAY. how did they come to that conclusion that they wanted to view the item, they're not supposed to be talking about the case to each other? state says it's not an issue with jury looking at evidence. 9:18:10 - jury returns. 9:18:50 - state and defense have entered into a stipulation. JUDGE READS STIPULATION REGARDING TATTOO SAYING BELLA VITA. THIS ITALIAN PHRASE TRANSLATES INTO A BEAUTIFUL PHRASE. PARTIES HAVE AGREED TO THIS FACT. 9:19:50 - state wants to move into evidence samples of spare tire cover placed in metal cans. received into evidence. 9:20:20 - your honor at this point the state rests. LADIES AND GENTLEMAN OF THE JURY, THE STATE HAS NOW RESTED ITS CASE, ATTORNEYS APPROACH FOR SIDEBAR. 9:21:55 - JUDGE SAYS LEGAL MATTERS NEED TO BE TAKEN UP OUTSIDE OF JURY PRESEENCE. JURY WILL RECONVENE TOMORROW MORNING AT 9AM. 9:23:20 - jury excused for the day. 9:24:10 - judge asks baez, mason if there's a motion they'd like to make. judge references cases given to him by defense. I AM FAMILIAR WITH ALL OF THEM EXCEPT BAUGH, KENNEDY AND IF YOU WOULD LIKE I WOULD READ THOSE OR WE CAN GO STRAIGHT INTO YOUR ARGUMENT WITHOUT ME READING THOSE. WHAT IS YOUR PLEASURE? THE STATE PROVIDED THEIRS ON MONDAY AND I DID READ THE ENTIRE BOOK THEY PRESENTED. mason startes talking but is off mic, can't hear him. 9:26:30 - mason: it's well established that at close of evidence, we are entitled to present argument to court seeking a judgement of acquittal. if the evidence is insufficient to warrant a conviction, courts steps in to enter judgment of acquittal. if you view evidence in light most favorable to prosecution, and not state has not established beyond reasonable doubt, the court can give jugement of acquittal 9:28:00 - florida supreme court a few months ago, in this type of capital case, the supreme court reaffirmed there's a special standard of review that's required. the court said a motion for judgement of acquittal should be given in a case based solely on circumstantial evidence where the only proof of guilt is circumstantial, a conviction cannot be sustained. 9:29:45 - supreme court has further stated that one accused of crime must be presumed innocent until proven guilty beyond a reasonable doubt. when state relies only on circum evidence, it must be consistent with reasonable hypothesis of innocence. circumstantial evidence is legal evidence, and a well connected chain of circumstantial evidence is as valid as direct chain of evidence. 9:31:00 - circumstantial evidence must be proved beyond a reasonable doubt. dr. g concluded it was homicide extablished by prepoderance of evidence, the circumstantial evidence must be of such a conclusive nature your convinced beyond a resaon doubt of defendant's guilt. 9:32:10 - the state in presenting its evidence has established in a light most favorable to them. ms anthony has history of untruth among family and friends which began in 2006 with the nanny. they have establisehd the child is dead. they have presented no evidence to establish when the chid died. where she died, how she died, who was with her when she died. they have failed to rebut the reasonable hypothesis that it was accidental death. 9:33:50 - count 1 first degree premeditated murder evidence fails to include hypothesis of innocence. the evidence relied upon by state must be consistent with other reasonable hypotheses. there has been in this case no evidence of premeditation presented to this jury. there is a stacking of inferences and speculation but no evidence. 9:35:20 - the smith case is of interest in this case. in smith tampa bay police found body floating in bay, having been wrapped in chains and tape around it. the lady was missing for some period of time, the husband did not call police and report it. THAT'S NOT DONALD SMITH VS STATE? FIRST DISTRICT COURT OF APPEALS. the court ruled in this case that premeditation could be proven by circumstantial evidence, the evidence must be inconsistent with every other reasonable hypothesis. 9:37:20 - that is a major similarity to the case we have. here we don't have any cause of death. experts do not know cause of death. we have speculation on part of dr. g that it was a homicide. 9:38:30 - nelson serrano was convicted of execution style murder of four people. there was no question as to cause and manner of death. the issue is whether serrano was the shooter. 9:40:15 - another issue with count 1 murder, the alleged felony of child abuse is merged into count 1 as a manner of law. there is no evidence of any prior trauma to this child. the first 18 witnesses called, while they besmirched her history of lies, they confirmed she was a dedicated loving caring mother. 9:42:25 - ARE YOU FAMILIAR WITH FIRST DIS COURT OF APPEALS DECISION WHERE THEY CLAIM COURT DECISION IN BROOKS WAS ...HOW WOULD YOU SQUARE LEWIS IN TERMS OF BROOKS? the supreme court says, until they change, they're the boss on that issue. they say lewis is trying to undo it. but the law today is brooks. 9:44:00 - the kennedy court said the standard for aggravated child abuse. talks about the court making an error in not properly identifying what is meant by aggravated child abuse. reads legal jargon. 9:45:10 - there is no evidence before this court that the state alleges chloroform or duct tape was used, that evidence is subject to question, all of the witnesses were asked about history of torture, inappropriate discipline by the defendant and the absence of evidence beyond reasonable doubt the primary purpose fact. 9:46:30 - count 3, aggravated manslaughter: state is requred to prove caylee is dead, proven. the death of caylee was caused by intentional act of casey, not proven. and that caylee was under 18. our position that what has been presented to you is the mere presence of duct tape near the remains, nothing stronger than a suspicion, there has been no evidence presented as to culpable negligence on part of defendant. 9:48:45 - there has been no evidence that could be considered at that standard of culpable negligence and no evidence as the causation of this child's death. 9:49:20 - count 4, 5, 6, 7 - as of my last look there's not a single appellate court case on this statute. i think it is constitutionally fishy because it doesn't have requirements of materiality. we have materiality in every other similarity. ISN'T THAT ARGUMENT A LITTLE LATE IN THE DAY? i am raising that issue in saying that in additon to that by way of arugment is based on statements attributed to the defendant. we filed motions to supress, miranda was not done, you ruled on that. 9:50:55 - there is jury instruction that says statements attributed to defendant have been introduced into evidnce. if statements are involunatarily made you must disregard them. i am going to be requesting taht statute include reference to evidence. witneses like yuri melich are such that she cearly was not advised of miranda warning rights despite being surrounded by law enforcement. 9:52:25 - the other case i cited, the baugh case, i gave you to read. in that case there are issues of lack of corraborating evidence. that state is required to prove element beyond reasonable doubt. 9:53:45 - these victims were bludgeoned to death and stabbed multiple times. a violent struggle had gone on. a broken neck in one victim. there were questions of fingerprint evidence. if you read and think about last 18 days of evidence you have to say huh, where is the similar evidence in this case. it's wholly circumstantial evidence. standard of review applies. you'll see wait a minute, there are serious questions raised here. the case is not here. 9:56:10 - mason references another case involving circumstantial evidence. the courts decision overruled death penalty. also references case involving hair evidence. supreme court in ballard reversed conviction and death penalty for acquittal. 9:57:40 - case of cox vs. state of florida. decision from 1989, cox was convicted and sentenced to death. supreme court reversed for acquittal. state relied totally on circumstantial evidence. supreme court in cox said it was insufficient. they had evidence of blood, foot prints. death sentence not just commuted to life but reversed to acquittal. 10:01:10 - the court discussed in reference to this case and others the absence of history. in serrano case there was history of bad blood, law suits. millions of dollars involved. in this case there is not any evidence other than a caring mother, child relationship. there is no confession. a piece of cardboard was found in vicinity of body and that it had heart shape emblem on cardboard. the only evidence to do with heart shape was testimony of fbi analyst that she had an image of heart shape on the ege of the duct tape but somehow, poof, they couldn't photograph it. 10:02:15 - we have no evidence that connects that circumstantially. the only evidence we have of duct tape is questionable. the only person shown to have had access to duct tape was the grandfather. 10:03:30 - BEFORE YOU PROCEED, YOU MENTIONED ACCIDENTAL DEATH. WHAT RECORD EVIDENCE IS THERE OF AN ACCIDENTAL DEATH THAT THE COURT CAN LOOK AT? as of this point there is no record evidence of ax death. state has burden not the defense. 10:04:45 - mason references yet another court case. all of cases relied upon by state there is no mystery as to cause of death. cites case darling vs state. in this case victim had been shot in head, fingerprint connected to defendant. dna evidence admitted. 10:06:30 - talks about another case, reynolds case, defendant convicted of murder. must of evidence could not be wholly circum. 10:07:30 - in each of those cases there was not question as to cause of death. circumstantial evidence rule could not really exisit. in our case, there's no other way. circumstantial evidence by way of what ... how was this child killed, where was she killed, was she killed at all or was it accidental death. 10:08:30 - there is no eviddnce ...we have all the suspicion in the world, which was the quality of testimony we heard from witnesses, we have no evidence to exclude that there was no murder at all, no premeditation, no history to suggest culpable negligence, and counts 1 2 and 3 are demanding judgement of acquittal. 10:09:45- state: as the court so stated yesterday, the law is the law. while a great portion of defense's argument dealt with recitaiton of what law is, defense spent majority of it discussion taking facts from cases and comparing them to this case. the cases that i had provded to court the other day were not provided because they were facutally similar but because they stated what court and counsel already know. 10:11:00 - the reason serrano was included in case packet was for proposition that the state is not requied to rebut conclusively every possible variation of evidence but only to introduce evidence inconsistent with defense's theory of events. in serrano, theory of innocence was alibi. state provided evidence alibi was lacking. 10:12:00 - in reference to casey's statements to witnesses, that zani kidpanned the child and had no contact with the child and didn't know what happened. evidence has conclusively rebutted that hypothesis of innocence. the suggestion that there was some accidental theory is exactly what i would argue serrano is designed to avoid. this is a possible variation of events the state does not have to conclusively rebut. however if the court accepts that the argument established that an accident is a possibility in this case, dr. g has stated unequivocally that this was not an accident. the suggested witness to this accident, george anthony, has conclusively rebutted this hypothesis. 10:14:15 - case of jackson vs state. florida supreme court 2010, the defense challenged the state did not present sufficient evidence. in that case, the ME, testifed that because the body was badly decomp, he was unable to find definitive injury and classified it as homicide by undetermined means. there were a multitude of possibilities, hypothesis of innocence, all of which were rebutted by ME, he stresed that his opinion was based on his significant amount of his experience as ME, the findings at the grave site and common sense. 10:16:30 - it is our position that a reasonable jury can conclude that cyalee died as a result of the application of three pieces of duct tape to her nose and mouth. a reasonable jury can conclude caylee died as a result of poisoning by chloroform. a reasonable jury could conclude that caylee died of combination of the two based on evidence discovered in trunk and how the remains were discovered. a reasonable jury can conclude the relationship between parties in this case, cindy and casey, did provide motive for casey to eliminate the child. a reasonable jury can conclude casey began preparations for elimination of the child as early as march 2008, when she was searching computer for how to make chlor. 10:18:30 - jackson goes on to state that state does not need to present evidence showing exact cause of death. the only real issue has to do with case of brooks vs state. the defense presented only that case to the court. 10:20:00 - dorsey does not address whether or not the language regarding merger doctrine between aggravated child abuse and first degree murder would require judgement of acquittal. 10:20:55- the mechanism required that results in death of child in dorsey was something that was more than single instantaneous act. 10:22:00 - subsequent to lewis, panels conflict with each other as to whether or not language in brooks are dicta. 10:23:10 - references more court cases related to brooks case. second district court of appeals, march 2011, more than one hold or grip on victim during single act of abuse, did not constitute single act of abuse. it's our argument that since a reasonable jury can conclude that caylee's death was caused by application of multiple pieces of duct tape, obstructing both mouth and nose, that would not constitute a single act of abuse. the aggravated child abuse does not merge into the homicide and precludes us from application of felony murder rule. 10:25:30 - the other issue has to do with issue of premeditation. at this juncture, resolving all inferences in favor of state the question evidence establlished the child died that this was an intentional act by defendant designed to caue childs death. there's no fixed period of time that must pass. but when casey decieded to place duct tape on childs face ....three ...that sufficient time had passed for her to understand nature of that act and that premeditation has been established. we would ask court to deny motion of acquittal as it relates to all counts of the indictment 10:27:30 - Mason: the state says it has presented evidence of poisoning by chloroform. I don't believe there was evidence of poisoning by chloroform. dr. G acknowledged the issue of chlor had to do with claim of traces from decomp. she employed services of bruce goldberg who did every test they knew how to do and there was no chloroform found. the duct tape issue, it had not been wound around this child's head. there were two pieces of dcut tape found, one attached to some hair, one attached to it, and the third was a few feet away. ? 10:29:30 - there is no evidence the duct tape had anything to do with casey. there were no fingerprints, no possession, no witness. the only use of duct tape was by george anthony putting some over valve in gas can. the only evidence of computer searches were unrelated issues of self defense and prior to any relevant times. 10:30:45 - references jackson case. ME did not say his opinion was based on preponderance of evidence. it has nothing to do with our case. in reading notes in each case they cited. abdul vs state. victim was doused with gas and lit on fire. norton case, gunshot wound in victims head. that wasn't sufficient to establish premeditated murder. 10:32:30 - references lewis case. there was no evidence in that case, on our case there's been no evidence she used duct tape for any purpose, it is forcing, guessing, speculation and not in this country. 10:34:00 - I HAVE READ MOST OF THESE CASES AND I HAVE SPENT A GREAT DEAL OF TIME OVER THE WEEKEND RESEARCHING AND READING ALL THE CASES AND I HAVE REVIEWED TESTIMOLY GIVEN IN THIS CASE. court recesses until 11:15 11:16:50 - BOTH STATE AND DEFENSE HAVE PRESENTED ARGUMENTS ON JUDGEMENT OF ACQUITTAL, BOTH STATE AND DEFENSE CITED CASE OF SERRANO VS STATE, A MARCH 17, 2011 DECISION OF FLORIDA SUPREME COURT WHICH LAYS OUT MOTIONS FOR JOA. COURT ALSO TOOK INTO CONSIDERATON DERISSO VS STATE. THE COURT IN THAT OPINION GOES ON TO SAY THAT WHEN MOTION FOR JOA IN CIRCUMSTANTIAL CASE, COURT MUST DETERMINE IF EVIDENCE AND DEFENSE THEORIES, UNDER CIRCUMSTANTIAL EVIDENCE STANDARD WHEN VIEWED IN LIGHT MOST FAVORABLE TO THE STATE, MOTION FOR ACQUITALL MUST BE DENIED. WE HAVE HELD STATE IS NOT REQUIRED TO REBUT EVERY POSSIBLE VARIATION OF EVIDENCE BUT HAS TO INTRODUCE COMPETENT EVIDENCE THAT'S INCONSISTENT WITH DEFENDEANT'S THEORY. ONCE THAT BURDEN IS MET, IT BECOMES THE JURY'S DUTY TO DETERMININE IF EVIDENCE IS SUFFICIENT TO EXCLUDE EVERY REASON HYPOTHESIS OF INNOCENCE BEYOND A REASONABLE DOUBT. 11:20:00 - PIERCES VS STATE, A 2004 DECISION OF THE FLORIDA SUPREME COURT, EVIDENCE FROM WHICH PREMEDITATION MAY OCCUR IS THE WEAPON USED, MANNER IN WHICH HOMIDICE IS COMMITTED, WHERE ELEMENTS OF PREMEDITATION ARE THOUGHT TO BE ESTABLISHED BY CIRCUMSTANTIAL EVIDENCE, THE EVIDENCE MUST BE INCONSISTENT WITH EVERY OTHER REASONABLE INFERENCES. 11:21:00- THE FLORIDA SUPREME COURT IN CASE OF ROSE VS STATE, A 1982 DECISION, DEALING WITH CASE INVOLVING CIRCUMSTANTIAL EVIDENCE, THE DEFENDANT WAS THE LAST PERSON SEEN WITH VICTIM. IN THAT CASE THE DEFENDANT DID HAVE SOME MOTIVE. THERE WAS AN 8 YEAR OLD VICITM. THE EVIDENCE SHOWED DEFENDANT WAS LAST PERSON SEEN WITH HER AT A BOWLING ALLEY. EVIDENCE SHOWED HE LEFT WITH THAT VICTIM AND THAT HE DATED THE MOTHER FOR ABOUT 9 MOS. NO LONGER DATING. SUBSEQUENT TO THIS, HE WAS FOUND WITH LARGE SPOT OF BLOOD ON HIS PANTS. FIBER EVIDENCE AND DEFENDANT MADE NUMEROUS STATEMENTS THAT WERE INCONSISTENT. COURT CONCLUDED THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN FIRST DEGREE MURDER. 11:23:10 - CRANIN VS STATE, IN THIS CASE, THERE'S INTERESTING FACTS. THE EVIDENCE SHOWED THAT THE DEFENDANT MET THE VICTIM'S MOTHER, THAT HE WAS THE LAST PERSON SEEN WITH THE VICTIM. THE LAST TIME THE CHILD WAS SEEN SHE WAS SEEN SLEEPING NEXT TO DEFENDANT IN THIS CASE. PERSON ABRUPTLY DISAPPEARED. THE SUPREME COURT IN FINDING THIS EVIDENCE SUFFICIENT CITED CASE OUT OF SUPREME COUT OF VIRGINIA. 11:25:00 - A 1982 DECISION OF SUPREME COURT OF VIRGINIA, IN THAT CASE, THE VICTIM DISAPPEARED ON A NIGHT IN JUNE 1980. LAST SEEN LEAVING HOTEL, LEFT WITH DEFENDANT IN THIS CASE, WENT TO A LAKE HOUSE, DISAPPEARED AND HER BODY WAS NEVER FOUND. COURT TALKS ABOUT PREMEDITATON IN THAT CASE. 11:26:50 - THE EVIDENCE PRESENTED IN THIS CASE WAS THAT ON FEB 16, 1973, A TENANT HEARD MOANING SOUNDS COMING FROM A CELLAR. THIS WITNESS, TOOK FLASHLIGHT AND WENT TO A CELLAR. THEY SAW A BOY LYING NAKED FACE DOWN ON FLOOR. THEY CALLED POLICE, THEY TOOK THE BOY TO HOSPITAL. HE WAS LATER DISCHARGED. CAME HOME. CONDITION DETERIOATED, TAKEN BACK TO HOSPITAL WHERE HE REMAINED UNTIL HIS DEATH. THE VICITM WAS LAST SEEN WITH DEFENDANT PRIOR TO VICTIMS DISAPPEARANCE. 11:29:15 - THIS COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. THE COURT GOES ON TO LAY OUT OTHER REASONS. THE LAST CASE THE COURT REVIEWED WAS CASE OUT OF SUPREME COURT OF ARKANSAS. 1985 DECISION. THE DEFENDANT WAS LAST INDIVIDUAL SEEN ALIVE WITH THE VICTIM. COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. 11:31:00 - THE DEFNESE BRINGS UP ISSUE WHETHER FELONY MURDER WOULD BE APPLICABLE. THE COURT HAS REVIEWED BROOKS AND AMANDA E. LEWIS VS STATE, A 2010 OF FIRST DISTRICT COURT OF APPEALS. THE FIRST DISTRICT POINTS OUT A COUPLE OF THINGS. A DEFENDANT WHO KILLS A CHILD DURING AGGRAVATED CHILD ABUSE MAY BE CONVICTED OF BOTH ABUSE AND MURDER REGARLDESS OF NUMBER OF ACTS THAT CAUSE DEATH. 11:32:40 - THE KEY ARGUMENT IS WHETHER OR NOT THERE IS MORE THAN ONE SINGLE ACT THAT LEADS TO ABUSE OR DEATH. IN THIS CASE, THERE IS MORE THAN A SINGLE ACT. THOSE ACTS CONSIST OF DUCT TAPING NOSE, MOUTH, PRESENCE OF CHLOROFORM IN THE TRUNK, COUPLED WITH FACT THAT THERE IS EVIDENCE THAT THE CHILD WAS PLACED IN A TRASH BAG. AND THE STATEMENTS INTRODUCED INTO EVIDENCE THAT EVEN DURING THIS TIME PERIOD THE DEFENDANT SAID THE CHILD WAS ALIVE. IT IS QUITE CLEAR THERE IS MORE THAN ONE SINGLE ACT WHICH SATISIFIES TEST OF BROOKS VS STATE. 11:34:20 - CONSIDERING EVIDENCE IN LIGHT MOST FAVORABLE TO STATE, THE DEFENSE'S MOTION OF JOA FOR COUNTS 1 THRU 7 ARE HEREBY DENIEND. THESE ARE QUESTIONS FOR THE JURY TO DECIDE. THE COURT FINDS THE STATE HAS PRESENTEND SUBSTANTIAL, COMPETENT EVIDENCE FOR THIS JURY TO DECIDE THIS ISSUE. COURT WILL BE IN RECESS UNTIL 9AM TOMORROW MORNING.
CASEY ANTHONY TRIAL / ISO P4
FTG FOR COVERAGE OF THE CASEY ANTHONY MURDER TRIAL / ANTHONY ISO CAM NOTE: JUDGE'S COMMENTS ARE ALWAYS IN CAPS 9:13:20 - court resumes. 9:13:30 - judge says state has additional evidence to submit and mentions an issue involving judicial review. 9:14:40 - ON JULY 2 2008 CASEY ANTHONY OBTAINED TATTOO SAYING BELLA VITA. THIS PRHASE TRANSLATES TO A BEAUTIFUL LIFE. PARTIES HAVE AGREED TO THIS FACT. 9:15:30 - state wants to submit pieces of tire cover into evidence. 9:16:20 - mason: there was inquiry from jury about review of item 313, judge: THEY VIEWED IT YESTERDAY. how did they come to that conclusion that they wanted to view the item, they're not supposed to be talking about the case to each other? state says it's not an issue with jury looking at evidence. 9:18:10 - jury returns. 9:18:50 - state and defense have entered into a stipulation. JUDGE READS STIPULATION REGARDING TATTOO SAYING BELLA VITA. THIS ITALIAN PHRASE TRANSLATES INTO A BEAUTIFUL PHRASE. PARTIES HAVE AGREED TO THIS FACT. 9:19:50 - state wants to move into evidence samples of spare tire cover placed in metal cans. received into evidence. 9:20:20 - your honor at this point the state rests. LADIES AND GENTLEMAN OF THE JURY, THE STATE HAS NOW RESTED ITS CASE, ATTORNEYS APPROACH FOR SIDEBAR. 9:21:55 - JUDGE SAYS LEGAL MATTERS NEED TO BE TAKEN UP OUTSIDE OF JURY PRESEENCE. JURY WILL RECONVENE TOMORROW MORNING AT 9AM. 9:23:20 - jury excused for the day. 9:24:10 - judge asks baez, mason if there's a motion they'd like to make. judge references cases given to him by defense. I AM FAMILIAR WITH ALL OF THEM EXCEPT BAUGH, KENNEDY AND IF YOU WOULD LIKE I WOULD READ THOSE OR WE CAN GO STRAIGHT INTO YOUR ARGUMENT WITHOUT ME READING THOSE. WHAT IS YOUR PLEASURE? THE STATE PROVIDED THEIRS ON MONDAY AND I DID READ THE ENTIRE BOOK THEY PRESENTED. mason startes talking but is off mic, can't hear him. 9:26:30 - mason: it's well established that at close of evidence, we are entitled to present argument to court seeking a judgement of acquittal. if the evidence is insufficient to warrant a conviction, courts steps in to enter judgment of acquittal. if you view evidence in light most favorable to prosecution, and not state has not established beyond reasonable doubt, the court can give jugement of acquittal 9:28:00 - florida supreme court a few months ago, in this type of capital case, the supreme court reaffirmed there's a special standard of review that's required. the court said a motion for judgement of acquittal should be given in a case based solely on circumstantial evidence where the only proof of guilt is circumstantial, a conviction cannot be sustained. 9:29:45 - supreme court has further stated that one accused of crime must be presumed innocent until proven guilty beyond a reasonable doubt. when state relies only on circum evidence, it must be consistent with reasonable hypothesis of innocence. circumstantial evidence is legal evidence, and a well connected chain of circumstantial evidence is as valid as direct chain of evidence. 9:31:00 - circumstantial evidence must be proved beyond a reasonable doubt. dr. g concluded it was homicide extablished by prepoderance of evidence, the circumstantial evidence must be of such a conclusive nature your convinced beyond a resaon doubt of defendant's guilt. 9:32:10 - the state in presenting its evidence has established in a light most favorable to them. ms anthony has history of untruth among family and friends which began in 2006 with the nanny. they have establisehd the child is dead. they have presented no evidence to establish when the chid died. where she died, how she died, who was with her when she died. they have failed to rebut the reasonable hypothesis that it was accidental death. 9:33:50 - count 1 first degree premeditated murder evidence fails to include hypothesis of innocence. the evidence relied upon by state must be consistent with other reasonable hypotheses. there has been in this case no evidence of premeditation presented to this jury. there is a stacking of inferences and speculation but no evidence. 9:35:20 - the smith case is of interest in this case. in smith tampa bay police found body floating in bay, having been wrapped in chains and tape around it. the lady was missing for some period of time, the husband did not call police and report it. THAT'S NOT DONALD SMITH VS STATE? FIRST DISTRICT COURT OF APPEALS. the court ruled in this case that premeditation could be proven by circumstantial evidence, the evidence must be inconsistent with every other reasonable hypothesis. 9:37:20 - that is a major similarity to the case we have. here we don't have any cause of death. experts do not know cause of death. we have speculation on part of dr. g that it was a homicide. 9:38:30 - nelson serrano was convicted of execution style murder of four people. there was no question as to cause and manner of death. the issue is whether serrano was the shooter. 9:40:15 - another issue with count 1 murder, the alleged felony of child abuse is merged into count 1 as a manner of law. there is no evidence of any prior trauma to this child. the first 18 witnesses called, while they besmirched her history of lies, they confirmed she was a dedicated loving caring mother. 9:42:25 - ARE YOU FAMILIAR WITH FIRST DIS COURT OF APPEALS DECISION WHERE THEY CLAIM COURT DECISION IN BROOKS WAS ...HOW WOULD YOU SQUARE LEWIS IN TERMS OF BROOKS? the supreme court says, until they change, they're the boss on that issue. they say lewis is trying to undo it. but the law today is brooks. 9:44:00 - the kennedy court said the standard for aggravated child abuse. talks about the court making an error in not properly identifying what is meant by aggravated child abuse. reads legal jargon. 9:45:10 - there is no evidence before this court that the state alleges chloroform or duct tape was used, that evidence is subject to question, all of the witnesses were asked about history of torture, inappropriate discipline by the defendant and the absence of evidence beyond reasonable doubt the primary purpose fact. 9:46:30 - count 3, aggravated manslaughter: state is requred to prove caylee is dead, proven. the death of caylee was caused by intentional act of casey, not proven. and that caylee was under 18. our position that what has been presented to you is the mere presence of duct tape near the remains, nothing stronger than a suspicion, there has been no evidence presented as to culpable negligence on part of defendant. 9:48:45 - there has been no evidence that could be considered at that standard of culpable negligence and no evidence as the causation of this child's death. 9:49:20 - count 4, 5, 6, 7 - as of my last look there's not a single appellate court case on this statute. i think it is constitutionally fishy because it doesn't have requirements of materiality. we have materiality in every other similarity. ISN'T THAT ARGUMENT A LITTLE LATE IN THE DAY? i am raising that issue in saying that in additon to that by way of arugment is based on statements attributed to the defendant. we filed motions to supress, miranda was not done, you ruled on that. 9:50:55 - there is jury instruction that says statements attributed to defendant have been introduced into evidnce. if statements are involunatarily made you must disregard them. i am going to be requesting taht statute include reference to evidence. witneses like yuri melich are such that she cearly was not advised of miranda warning rights despite being surrounded by law enforcement. 9:52:25 - the other case i cited, the baugh case, i gave you to read. in that case there are issues of lack of corraborating evidence. that state is required to prove element beyond reasonable doubt. 9:53:45 - these victims were bludgeoned to death and stabbed multiple times. a violent struggle had gone on. a broken neck in one victim. there were questions of fingerprint evidence. if you read and think about last 18 days of evidence you have to say huh, where is the similar evidence in this case. it's wholly circumstantial evidence. standard of review applies. you'll see wait a minute, there are serious questions raised here. the case is not here. 9:56:10 - mason references another case involving circumstantial evidence. the courts decision overruled death penalty. also references case involving hair evidence. supreme court in ballard reversed conviction and death penalty for acquittal. 9:57:40 - case of cox vs. state of florida. decision from 1989, cox was convicted and sentenced to death. supreme court reversed for acquittal. state relied totally on circumstantial evidence. supreme court in cox said it was insufficient. they had evidence of blood, foot prints. death sentence not just commuted to life but reversed to acquittal. 10:01:10 - the court discussed in reference to this case and others the absence of history. in serrano case there was history of bad blood, law suits. millions of dollars involved. in this case there is not any evidence other than a caring mother, child relationship. there is no confession. a piece of cardboard was found in vicinity of body and that it had heart shape emblem on cardboard. the only evidence to do with heart shape was testimony of fbi analyst that she had an image of heart shape on the ege of the duct tape but somehow, poof, they couldn't photograph it. 10:02:15 - we have no evidence that connects that circumstantially. the only evidence we have of duct tape is questionable. the only person shown to have had access to duct tape was the grandfather. 10:03:30 - BEFORE YOU PROCEED, YOU MENTIONED ACCIDENTAL DEATH. WHAT RECORD EVIDENCE IS THERE OF AN ACCIDENTAL DEATH THAT THE COURT CAN LOOK AT? as of this point there is no record evidence of ax death. state has burden not the defense. 10:04:45 - mason references yet another court case. all of cases relied upon by state there is no mystery as to cause of death. cites case darling vs state. in this case victim had been shot in head, fingerprint connected to defendant. dna evidence admitted. 10:06:30 - talks about another case, reynolds case, defendant convicted of murder. must of evidence could not be wholly circum. 10:07:30 - in each of those cases there was not question as to cause of death. circumstantial evidence rule could not really exisit. in our case, there's no other way. circumstantial evidence by way of what ... how was this child killed, where was she killed, was she killed at all or was it accidental death. 10:08:30 - there is no eviddnce ...we have all the suspicion in the world, which was the quality of testimony we heard from witnesses, we have no evidence to exclude that there was no murder at all, no premeditation, no history to suggest culpable negligence, and counts 1 2 and 3 are demanding judgement of acquittal. 10:09:45- state: as the court so stated yesterday, the law is the law. while a great portion of defense's argument dealt with recitaiton of what law is, defense spent majority of it discussion taking facts from cases and comparing them to this case. the cases that i had provded to court the other day were not provided because they were facutally similar but because they stated what court and counsel already know. 10:11:00 - the reason serrano was included in case packet was for proposition that the state is not requied to rebut conclusively every possible variation of evidence but only to introduce evidence inconsistent with defense's theory of events. in serrano, theory of innocence was alibi. state provided evidence alibi was lacking. 10:12:00 - in reference to casey's statements to witnesses, that zani kidpanned the child and had no contact with the child and didn't know what happened. evidence has conclusively rebutted that hypothesis of innocence. the suggestion that there was some accidental theory is exactly what i would argue serrano is designed to avoid. this is a possible variation of events the state does not have to conclusively rebut. however if the court accepts that the argument established that an accident is a possibility in this case, dr. g has stated unequivocally that this was not an accident. the suggested witness to this accident, george anthony, has conclusively rebutted this hypothesis. 10:14:15 - case of jackson vs state. florida supreme court 2010, the defense challenged the state did not present sufficient evidence. in that case, the ME, testifed that because the body was badly decomp, he was unable to find definitive injury and classified it as homicide by undetermined means. there were a multitude of possibilities, hypothesis of innocence, all of which were rebutted by ME, he stresed that his opinion was based on his significant amount of his experience as ME, the findings at the grave site and common sense. 10:16:30 - it is our position that a reasonable jury can conclude that cyalee died as a result of the application of three pieces of duct tape to her nose and mouth. a reasonable jury can conclude caylee died as a result of poisoning by chloroform. a reasonable jury could conclude that caylee died of combination of the two based on evidence discovered in trunk and how the remains were discovered. a reasonable jury can conclude the relationship between parties in this case, cindy and casey, did provide motive for casey to eliminate the child. a reasonable jury can conclude casey began preparations for elimination of the child as early as march 2008, when she was searching computer for how to make chlor. 10:18:30 - jackson goes on to state that state does not need to present evidence showing exact cause of death. the only real issue has to do with case of brooks vs state. the defense presented only that case to the court. 10:20:00 - dorsey does not address whether or not the language regarding merger doctrine between aggravated child abuse and first degree murder would require judgement of acquittal. 10:20:55- the mechanism required that results in death of child in dorsey was something that was more than single instantaneous act. 10:22:00 - subsequent to lewis, panels conflict with each other as to whether or not language in brooks are dicta. 10:23:10 - references more court cases related to brooks case. second district court of appeals, march 2011, more than one hold or grip on victim during single act of abuse, did not constitute single act of abuse. it's our argument that since a reasonable jury can conclude that caylee's death was caused by application of multiple pieces of duct tape, obstructing both mouth and nose, that would not constitute a single act of abuse. the aggravated child abuse does not merge into the homicide and precludes us from application of felony murder rule. 10:25:30 - the other issue has to do with issue of premeditation. at this juncture, resolving all inferences in favor of state the question evidence establlished the child died that this was an intentional act by defendant designed to caue childs death. there's no fixed period of time that must pass. but when casey decieded to place duct tape on childs face ....three ...that sufficient time had passed for her to understand nature of that act and that premeditation has been established. we would ask court to deny motion of acquittal as it relates to all counts of the indictment 10:27:30 - Mason: the state says it has presented evidence of poisoning by chloroform. I don't believe there was evidence of poisoning by chloroform. dr. G acknowledged the issue of chlor had to do with claim of traces from decomp. she employed services of bruce goldberg who did every test they knew how to do and there was no chloroform found. the duct tape issue, it had not been wound around this child's head. there were two pieces of dcut tape found, one attached to some hair, one attached to it, and the third was a few feet away. ? 10:29:30 - there is no evidence the duct tape had anything to do with casey. there were no fingerprints, no possession, no witness. the only use of duct tape was by george anthony putting some over valve in gas can. the only evidence of computer searches were unrelated issues of self defense and prior to any relevant times. 10:30:45 - references jackson case. ME did not say his opinion was based on preponderance of evidence. it has nothing to do with our case. in reading notes in each case they cited. abdul vs state. victim was doused with gas and lit on fire. norton case, gunshot wound in victims head. that wasn't sufficient to establish premeditated murder. 10:32:30 - references lewis case. there was no evidence in that case, on our case there's been no evidence she used duct tape for any purpose, it is forcing, guessing, speculation and not in this country. 10:34:00 - I HAVE READ MOST OF THESE CASES AND I HAVE SPENT A GREAT DEAL OF TIME OVER THE WEEKEND RESEARCHING AND READING ALL THE CASES AND I HAVE REVIEWED TESTIMOLY GIVEN IN THIS CASE. court recesses until 11:15 11:16:50 - BOTH STATE AND DEFENSE HAVE PRESENTED ARGUMENTS ON JUDGEMENT OF ACQUITTAL, BOTH STATE AND DEFENSE CITED CASE OF SERRANO VS STATE, A MARCH 17, 2011 DECISION OF FLORIDA SUPREME COURT WHICH LAYS OUT MOTIONS FOR JOA. COURT ALSO TOOK INTO CONSIDERATON DERISSO VS STATE. THE COURT IN THAT OPINION GOES ON TO SAY THAT WHEN MOTION FOR JOA IN CIRCUMSTANTIAL CASE, COURT MUST DETERMINE IF EVIDENCE AND DEFENSE THEORIES, UNDER CIRCUMSTANTIAL EVIDENCE STANDARD WHEN VIEWED IN LIGHT MOST FAVORABLE TO THE STATE, MOTION FOR ACQUITALL MUST BE DENIED. WE HAVE HELD STATE IS NOT REQUIRED TO REBUT EVERY POSSIBLE VARIATION OF EVIDENCE BUT HAS TO INTRODUCE COMPETENT EVIDENCE THAT'S INCONSISTENT WITH DEFENDEANT'S THEORY. ONCE THAT BURDEN IS MET, IT BECOMES THE JURY'S DUTY TO DETERMININE IF EVIDENCE IS SUFFICIENT TO EXCLUDE EVERY REASON HYPOTHESIS OF INNOCENCE BEYOND A REASONABLE DOUBT. 11:20:00 - PIERCES VS STATE, A 2004 DECISION OF THE FLORIDA SUPREME COURT, EVIDENCE FROM WHICH PREMEDITATION MAY OCCUR IS THE WEAPON USED, MANNER IN WHICH HOMIDICE IS COMMITTED, WHERE ELEMENTS OF PREMEDITATION ARE THOUGHT TO BE ESTABLISHED BY CIRCUMSTANTIAL EVIDENCE, THE EVIDENCE MUST BE INCONSISTENT WITH EVERY OTHER REASONABLE INFERENCES. 11:21:00- THE FLORIDA SUPREME COURT IN CASE OF ROSE VS STATE, A 1982 DECISION, DEALING WITH CASE INVOLVING CIRCUMSTANTIAL EVIDENCE, THE DEFENDANT WAS THE LAST PERSON SEEN WITH VICTIM. IN THAT CASE THE DEFENDANT DID HAVE SOME MOTIVE. THERE WAS AN 8 YEAR OLD VICITM. THE EVIDENCE SHOWED DEFENDANT WAS LAST PERSON SEEN WITH HER AT A BOWLING ALLEY. EVIDENCE SHOWED HE LEFT WITH THAT VICTIM AND THAT HE DATED THE MOTHER FOR ABOUT 9 MOS. NO LONGER DATING. SUBSEQUENT TO THIS, HE WAS FOUND WITH LARGE SPOT OF BLOOD ON HIS PANTS. FIBER EVIDENCE AND DEFENDANT MADE NUMEROUS STATEMENTS THAT WERE INCONSISTENT. COURT CONCLUDED THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN FIRST DEGREE MURDER. 11:23:10 - CRANIN VS STATE, IN THIS CASE, THERE'S INTERESTING FACTS. THE EVIDENCE SHOWED THAT THE DEFENDANT MET THE VICTIM'S MOTHER, THAT HE WAS THE LAST PERSON SEEN WITH THE VICTIM. THE LAST TIME THE CHILD WAS SEEN SHE WAS SEEN SLEEPING NEXT TO DEFENDANT IN THIS CASE. PERSON ABRUPTLY DISAPPEARED. THE SUPREME COURT IN FINDING THIS EVIDENCE SUFFICIENT CITED CASE OUT OF SUPREME COUT OF VIRGINIA. 11:25:00 - A 1982 DECISION OF SUPREME COURT OF VIRGINIA, IN THAT CASE, THE VICTIM DISAPPEARED ON A NIGHT IN JUNE 1980. LAST SEEN LEAVING HOTEL, LEFT WITH DEFENDANT IN THIS CASE, WENT TO A LAKE HOUSE, DISAPPEARED AND HER BODY WAS NEVER FOUND. COURT TALKS ABOUT PREMEDITATON IN THAT CASE. 11:26:50 - THE EVIDENCE PRESENTED IN THIS CASE WAS THAT ON FEB 16, 1973, A TENANT HEARD MOANING SOUNDS COMING FROM A CELLAR. THIS WITNESS, TOOK FLASHLIGHT AND WENT TO A CELLAR. THEY SAW A BOY LYING NAKED FACE DOWN ON FLOOR. THEY CALLED POLICE, THEY TOOK THE BOY TO HOSPITAL. HE WAS LATER DISCHARGED. CAME HOME. CONDITION DETERIOATED, TAKEN BACK TO HOSPITAL WHERE HE REMAINED UNTIL HIS DEATH. THE VICITM WAS LAST SEEN WITH DEFENDANT PRIOR TO VICTIMS DISAPPEARANCE. 11:29:15 - THIS COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. THE COURT GOES ON TO LAY OUT OTHER REASONS. THE LAST CASE THE COURT REVIEWED WAS CASE OUT OF SUPREME COURT OF ARKANSAS. 1985 DECISION. THE DEFENDANT WAS LAST INDIVIDUAL SEEN ALIVE WITH THE VICTIM. COURT CONCLUDED THIS WAS SUFFICIENT EVIDENCE. 11:31:00 - THE DEFNESE BRINGS UP ISSUE WHETHER FELONY MURDER WOULD BE APPLICABLE. THE COURT HAS REVIEWED BROOKS AND AMANDA E. LEWIS VS STATE, A 2010 OF FIRST DISTRICT COURT OF APPEALS. THE FIRST DISTRICT POINTS OUT A COUPLE OF THINGS. A DEFENDANT WHO KILLS A CHILD DURING AGGRAVATED CHILD ABUSE MAY BE CONVICTED OF BOTH ABUSE AND MURDER REGARLDESS OF NUMBER OF ACTS THAT CAUSE DEATH. 11:32:40 - THE KEY ARGUMENT IS WHETHER OR NOT THERE IS MORE THAN ONE SINGLE ACT THAT LEADS TO ABUSE OR DEATH. IN THIS CASE, THERE IS MORE THAN A SINGLE ACT. THOSE ACTS CONSIST OF DUCT TAPING NOSE, MOUTH, PRESENCE OF CHLOROFORM IN THE TRUNK, COUPLED WITH FACT THAT THERE IS EVIDENCE THAT THE CHILD WAS PLACED IN A TRASH BAG. AND THE STATEMENTS INTRODUCED INTO EVIDENCE THAT EVEN DURING THIS TIME PERIOD THE DEFENDANT SAID THE CHILD WAS ALIVE. IT IS QUITE CLEAR THERE IS MORE THAN ONE SINGLE ACT WHICH SATISIFIES TEST OF BROOKS VS STATE. 11:34:20 - CONSIDERING EVIDENCE IN LIGHT MOST FAVORABLE TO STATE, THE DEFENSE'S MOTION OF JOA FOR COUNTS 1 THRU 7 ARE HEREBY DENIEND. THESE ARE QUESTIONS FOR THE JURY TO DECIDE. THE COURT FINDS THE STATE HAS PRESENTEND SUBSTANTIAL, COMPETENT EVIDENCE FOR THIS JURY TO DECIDE THIS ISSUE. COURT WILL BE IN RECESS UNTIL 9AM TOMORROW MORNING.