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MR. BARKET:
So what?
THE COURT:
I'm sorry.
MR. BARKET:
again.
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THE COURT:
okay?
MR. BARKET:
MS. ALDEA:
God.
Your Honor, at the conclusion of the
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order of dismissal.
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he did so intentionally.
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evidence of this.
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equivocal evidence.
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THE COURT:
while?
MS. ALDEA:
20 minutes.
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be.
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THE COURT:
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let the jurors go for lunch and then we can take a shorter
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lunch.
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MS. ALDEA:
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MR. BARKET:
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THE COURT:
That's what
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are being motions made after the People have closed their
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case.
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happy to do that.
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MR. BARKET:
I'm
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and that you are going to let them go for lunch, we will
afternoon.
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MR. MARTIN:
MR. BARKET:
says because given what the judge just did there needs to
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THE COURT:
I don't
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MR. BARKET:
The what?
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THE COURT:
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MR. BARKET:
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Stage whispers.
They're not stage, Judge.
Do you
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THE COURT:
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THE COURT:
What I'm
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I'm going to have you break for lunch and come back at
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one.
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some motions.
anything.
have to be done.
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Thank you.
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MR. BARKET:
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THE COURT:
You're welcome.
MS. ALDEA:
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So
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They
you.
So while
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applicable evidence.
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The Courts
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at best.
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prohibited.
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of September 11th.
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was one judge in the Appellate Division who found that the
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first trial.
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here.
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trial there was no proof that Michele even came home after
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proof that she set foot into the Harris home at any point
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the fact that she was there, which was essential to their
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home.
occurred is absent.
house.
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there.
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order of dismissal.
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cut hand.
In fact, Dr. Lee even at this trial said that there would
happened.
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trial.
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In this
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she cut her hand and she cut her hand in the driveway of
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found, where she would enter the home through the garage
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was testimony that there was animal blood in the area that
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People's experts.
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the contrary, has come out that the fact that there was
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blood that may or may not have been human blood, and the
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fact that there was DNA that may or may not have come from
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And to
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But moreover,
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recency.
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decision.
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The
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home and that September 12th was the first morning that
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the contrary.
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The
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was testimony that came out both from Brian Earley and
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There
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valid.
longer exists.
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But all
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the house that she picked was because not only was it
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both come to terms with the fact that they were divorcing.
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They had
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trial.
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point either.
The evidence did not come out the same way on this
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here.
that was set in fact that was the date that was -- the
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The
Not only is
The
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evidence here.
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There's no context
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controlling behavior.
the contrary, that was the date that Cal was first told
To
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wanted to talk.
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But even
And
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was told that she wanted the divorce and he told her to
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get out of the car and blocked the car in the driveway,
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all.
And in fact,
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later on in July.
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On
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fact they had both reconciled and had become -- had had a
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each other.
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connection to September.
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evidence.
occasioning.
innocence.
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intensifies.
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It
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that morning.
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sense.
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and the facts of each particular case, not only are all of
He knew, as Brian
School had
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or surprising to him.
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been before.
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sanctuary.
Mary Jo on this
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credibility.
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wedding.
He kept
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Michele's clothing that Barb Thayer had said she had been
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unfolded.
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THE COURT:
MR. MARTIN:
Thank you.
And for
Mr. Martin.
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there was proof that Michele did come home that night.
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pointing out that maybe she had left her van at a parking
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discredits the fact that the van was actually found at the
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that was in the kitchen alcove, and her blood was found in
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the garage.
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blood spatter.
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blood was found was a 3 foot by 6 foot area and there was
herself.
cleaned up.
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blood was found, that's where her van was found, that's
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blood that came into contact with that rug that happened
molding.
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with that.
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that he cut off her money supply and her allowance because
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of the threat which the jury was not able to hear, but was
There was
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was telling Mary Jo and Francine about that, that does not
mean that the jury cannot find that the defendant adopted
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said -- when he said yes I may have said that but I didn't
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goes missing.
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Drop
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So we
know that that's not true from the evidence that we've
heard so far.
the garage.
gun.
He
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divorce.
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case.
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would kill her, and then to other people that there was
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going to be no divorce.
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Thank you.
MS. ALDEA:
THE COURT:
Sure.
MS. ALDEA:
whispered to me.
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MR. BARKET:
helpful.
MS. ALDEA:
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and I'm not going to do it again, but things like the fact
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that the blood was recent, things like the fact that it
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was her blood, these are things -- that was the strongest
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prosecution's favor.
Certainly the
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be permissible inferences.
speculation.
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is legally permissible.
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her blood, and that it was blood spatter, and that there
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First,
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The question
And I
And to
suggest that that cut hand did not bleed defies the
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It also defies, as
But there is
There is no question of
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ignore the evidence that came off the stand, and so that I
blood.
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blood and not from skin cells or something else, they did
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that she lived in, that she actually frequented more than
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way that the People have established what Mr. Martin just
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And I believe
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result of that.
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criminality.
the things that their expert identified, the cut hand that
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And so there's
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there is all hers rather than dog blood with human skin
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Which again, is
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prosecutor argued that there was evidence that Cal cut off
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expenses for the child care that the children had, paying
In fact, by that
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so it wasn't that her money was cut off in the sense that
MR. BARKET:
MS. ALDEA:
And
Moreover, the
June.
By June there was an order in place
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And so the
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Again,
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There is
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the rug.
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Cindy Turner
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Because
in the game.
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level.
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On this record
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THE COURT:
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MR. MARTIN:
Mr. Martin.
Judge, I'll try to be briefer, but
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she was rejecting that because she had not accepted it and
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he had not heard back from her or her attorney; that she
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had never stayed out all night before like that; and that
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being rejected.
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was still pending and Michele had not done what the
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were tested were taken from the staining and that there
that existed when the state police finally got there and
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blood.
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In fact,
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spatter that was in the alcove and the spatter that was on
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the rug and the one inch transfer stain of a bloody object
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that rug and the 3 foot by 6 foot area in the garage with
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issue.
MS. ALDEA:
minor point?
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THE COURT:
Sure.
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MS. ALDEA:
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The problem
Consistent
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they had come into contact with something other than they
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might have been there from the cut hand because we have no
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To say
Over an
It
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is that what was lacking even then was there was no blood,
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So even
That
In
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THE COURT:
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THE COURT:
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MR. BARKET:
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THE COURT:
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Okay.
Sure.
I think this is the Damon slash -Why don't we call it CPL 240.45
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MR. BARKET:
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THE COURT:
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MR. BARKET:
Okay.
Sub two?
Same section.
So here's for Ms. Angulas, Terry
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