RULE 131: Record of the proceedings transmitted by the Pre-
Trial Chamber THE REGISTRAR - shall maintain the record of the proceedings transmitted by the Pre-Trial The RECORD – may be consulted by: a. the Prosecutor b. the Defense c. the Representatives of States when they participate in the proceedings; and d. the Victims or their legal representatives participating in the proceedings TRIAL PROCEDURE RULE 132: Status Conferences The TRIAL CHAMBER – shall hold a status conference in order to set the date of the trial. It may: - postpone the date of the trial, but it shall: a. notify the trial date to all those participating in the proceedings; and b. shall ensure that this date and any postponements are made PUBLIC - confer with the parties by holding status conferences as necessary TRIAL PROCEDURE RULE 133: Motions challenging admissibility or jurisdiction It involves: Challenges to the jurisdiction of the Court or the admissibility of the case at the commencement of the trial; or Subsequently with the leave of the Court It shall be dealt with by the Presiding Judge and the Trial Chamber ( in accordance with Rule 58 ) TRIAL PROCEDURE RULE 134: Motions relating to the trial proceedings I. Prior to the commencement of the trial -ruling by the Trial Chamber on any issue concerning the conduct of the proceedings. I. At the commencement of the trial -asking by the Trial Chamber of any objections or observations concerning the conduct of the proceedings which have arisen since the confirmation hearings. I. After the commencement of the trial - ruling by the TC on issues that arise during the course of the trial TRIAL PROCEDURE RULE 135: Medical examination of the accused The Trial Chamber may order a medical, psychiatric or psychological examination of the accused under the conditions set forth in rule 113. Reasons From the list of experts approved by the Registrar or an expert approved by the TC ( at the request of a party ) If TC is satisfied that the accused is unfit to stand trial…….. TRIAL PROCEDURE RULE 136: Joint and Separate Trials Generally: Persons accused jointly shall be tried together unless: - to avoid serious prejudice to the accused - to protect the interests of justice or - because a person jointly accused has made an admission of guilt and can be proceeded against in accordance with Art. 65, par. 2.
In joint trials, each accused shall be accorded the same rights as if
such accused were being tried separately. TRIAL PROCEDURE RULE 137: Record of the Trial Proceedings The Registrar – to make and preserve a full and accurate: a. record of all proceedings b. transcripts c. audio- d. video- recordings e. other means of capturing sound or image. Disclosure Other authorized persons TRIAL PROCEDURE RULE 138: Custody of Evidence The Registrar:
the Retention and Preservation………
...............subject to any order of the Trial Chamber. TRIAL PROCEDURE RULE 139: Decision on admission of Guilt
The Trial Chamber may:
- invite the views of the Prosecutor and the defence; then - make its decision on the admission of guilt; and shall - give reasons for this decision ( which shall be placed on the record ) TRIAL PROCEDURE RULE 140: Directions for the conduct of the proceedings and testimony I. The Presiding Judge not giving directions – agreement of the Prosecutor and the Defence. II. If No agreement – the Presiding Judge III. How a Witness may be questioned: a. by a party submitting evidence, by way of a witness b. the Prosecution and the Defence c. the Trial Chamber c. the Defence TRIAL PROCEDURE RULE 140: Directions for the conduct of the proceedings and testimony IV. A witness shall not be present when the testimony of another witness is given. TRIAL PROCEDURE RULE 141: Closure of evidence and closing statements The Presiding Judge shall: a. declare when the submission of evidence is closed. b. invite the Prosecutor and the Defence to make their closing statements; and c. the defence shall always have the opportunity to speak last. TRIAL PROCEDURE RULE 142: Deliberations The Trial Chamber shall: a. retire to deliberate ( in Camera ) b. inform all those who participated in the proceedings of the date on which the Trial Chamber will pronounce its decision. c. when there is more than one charge: the TC decide separately on each charge d. when there is more than one accused: the TC decide separately on the charges against each accused. TRIAL PROCEDURE RULE 143: Additional hearings on matters related to sentence or reparation Who will set the hearing: - the Presiding judge Purpose: for holding a further hearing on matters related to sentence and if applicable, reparations Who can postpone the hearing: in exceptional circumstances a. by the Trial Chamber; or b. at the request of the Prosecutor; or c. the defence; or d. the legal representatives of the victims participating in the proceedings; and TRIAL PROCEDURE RULE 143: Additional hearings on matters related to sentence or reparation e. in respect of reparations hearings, those victims who have made a request under Rule 94. TRIAL PROCEDURE RULE 144: Delivery of the decisions of the Trial Chamber Those which shall be announced in public are: a. Decisions of the Trial Chamber ( concerning the admissibility of a case ) b. The Jurisdiction of the Court c. Criminal responsibility of the accused d. Sentence and Reparations In the presence of: a. The Accused b. The Prosecutor TRIAL PROCEDURE RULE 144: Delivery of the decisions of the Trial Chamber c. The Victims or the Legal Representatives of the victims participating in the proceedings; and d. The Representatives of the States which have participated in the proceedings. Copies of the decisions shall be provided to: a. All those who participated in the proceedings ( in a working language of the Court ) b. The accused ( in a language he/she fully understands or speaks
Russell Carlson Testimony for Judge Peter McBrien Defense Team: Code of Judicial Ethics Violations Prosecution by the Commission on Judicial Performance – Character Witness Testimony by Judge Pro Tem Attorney Russell W. Carlson of Carlson & Gevelinger Law Firm – Sacramento Superior Court Corruption-Racketeering Allegations Evidence Catalog: 18 USC 1962 RICO Racketeering – 18 USC 1346 Honest Services Fraud – 18 USC 371 Conspiracy to Defraud United States – 18 USC 666 Theft-Bribery Concerning Programs Receiving Federal Funds – 18 USC 1341 Mail Fraud – 18 USC Wire Fraud – California Supreme Court Justice Tani Cantil-Sakauye, Justice Goodwin Liu, Justice Carol Corrigan, Justice Leondra Kruger, Justice Ming Chin, Justice Mariano-Florentino Cuellar, Kathryn Werdegar Supreme Court of California
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