Day 17 of Oath Keepers Trial - Oct 31
I stayed up all night reviewing Dunn’s many sworn testimonies, interviews, podcasts, and lots of video evidence. I’m certain the defense will not attack him in their cross-exams today . . . but Dunn has many glaring holes, contradictions, and changes in his story about his interactions(s)(?) with the Oath Keepers on J6. It’ll be very interesting to see where the government lead his narrative during direct questioning, because his story(s) are not all the same.
Judge Mehta takes the bench at 9:32am . . . after some quick welcomes and Halloween chuckles, Mehta goes straight to a long sidebar.
——
After coming out the long sidebar, there has now been a long period of silence before the jury is brought into the room, at 9:41. Very different beginning from previous trial days.
Stewart Rhodes is BACK in the courtroom today.
The government calls USPC Officer Harry Dunn . . . then Mehta asks the jury if any of them need to get home early today for Halloween. (Can’t hear their response, but there was laughter in the courtroom.)
——
Dunn has been with the USCP for 15 years. Describes his various positions over the years with USCP. Reported for duty at 6:45am, got off just after midnight on J6
Prosecutor then takes Dunn directly to a photo of OKs standing in front of him as he stands in from of the stairwell leading down to the Crypt.
He is then showed a video of when Dunn first encounters Ken Harrelson at that stairwell. He is telling Harrelson: “We have dozens of officers down. They are taking them out on stretchers…”
2nd video shows more protestors showing up in his area. They are now focusing on identifying Ken Harrelson, and Dunn is asked if Harrelson ever offered to assist him: “No.”
Another video is shown in which he claims to have said, “I’m not allowing you to come this way.”
——
Now, the Stephen Horn video is being shown. They isolate on Kelly Meggs in next video screen shots, and ask Dunn if Meggs offered assistance: “No.”
He now talks about Ofc. Lazarus (plainclothes) being accosted and yelled at by rioters. He said he intervened in that situation and another officer being accosted, by imposing his “large voice, and large presence” between them and the rioters.
“What would have helped you and your other law enforcement officers that day?”
“If they’d left the building.”
No further questions . . .
——
Juli Haller - for Meggs - takes the first cross-exam (Woodward is obviously not back.)
She returns to the photo of OKs where they are standing in front of him, and she brings up the original May 2021 FBI interview in which he made a statement to the FBI that he allowed them to protect him from protestors. He claims this photo is not representative of the “other” event when “other” OKs were allowed to assist him.
No further questions . . .
——
Geyer - for Harrelson - takes over cross, and begins addressing Dunn with questions from his first FBI interview (which has been under seal) - and Mehta calls a sidebar, preventing Geyer from going forward with that line of questioning. Clearly Mehta is not going to allow this evidence to be presented, (the source of early courtroom controversies with former J6 Atty Moseley).
Geyer enters a video of Dunn in the Crypt, yelling and cursing at protestors. USCP officers were not wearing body cams, but this event was captured by a Metro PD body cam. Geyer asks if any OKs were there in the crypt at this time. Dunn can’t say whether they are or not. He then shows another USCP officer trying to calm Dunn down. Dunn recalls the Cpt. asking him: “Are you okay?”
Dunn now asked about his previous encounter with OKs in the Crypt, where he told FBI that he ‘allowed’ OKs to stand between him and protestors. Geyer is attempting to show Dunn that he may have these two “incidents” mixed up. Tries to enter another video, and gov objects . . . <sidebar> . . .
Geyer got video approved . . . it is Harrelson’s first interaction with Dunn, in which Dunn is explaining to Harrelson about injured officers downstair. Dunn acknowledges Harrelson’s reaction, “REALLY?”
Geyer now shows screenshot showing Harrelson holding his arms up to protesters, as he stands between Dunn and protestors.
——
Geyer begins another line of questioning that leads to asking Dunn if it was possible his recollection of events could have been affected by the confusion and chaos of the moment, and may have conflated the “two” alleged encounters with OKs (or other type militia). Dunn admits that this can happen to eye witness accounts of such events on occasion.
Geyer now goes back to showing him the line of OKs in front of him, with an additional character of a guy wearing a coon skin hat. Mehta shuts this down .. .
No further questions . . .
Crisp - for Watkins - takes over cross exam . . .
Crisp once again gets Dunn to acknowledge he remembers sayind to FBI he remembers two separate incidents where OKs took up line between himself and OKs.
No further questions . . .
Fischer - for Caldwell - takes cross
——
Fischer goes back to same line of questioning from original FBI interview. Fischer continues to try and get Dunn to differentiate between location and circumstances between the TWO alleged occurrences previously referenced. Dunn does admit that in his first FBI interview, he DID tell FBI that OKs offered and he accepted their assistance.
No further questions . . .
Gov begins redirect with another video from January 5th that Dunn took himself at the Supreme Court building, at a rally there, with a department-issued cellphone, in which he asks another officer “What the f-ck are the Oath Keepers.”
Then, gov begins clarifying his original FBI testimony, to prove he had that experience with original OKs in The Crypt. He describes he ‘didn’t need their help,’ but allowed it. He says there was 3-4 of them, but doesn’t recall them identifying themselves as Oath Keepers or wearing OK patches.
Gov takes him back to the Rotunda area video, in which he said he refused to allow anyone to go down those stairs.
No further questions . . .
——
One of Rhodes attorneys apparently challenges something in the redirect . . . <sidebar> . . . and Officer Dunn is dismissed.
The Government calls USCP Special Agent David Lazarus . . . assigned to Speaker Pelosi’s protective detail.
——
Lazarus describes how and when his J6 day began, and how he became the crowd outside was growing larger and more unruly, and eventually heard of the pipe bomb report, and the orders to begin “hardening up of the Senate chamber.” Including evacuation of Senators through tunnels . . . and then he heard “shots fired,” which prompted him to turn and run back to the Capitol - where he had to help an individual Senator who was having problems evacuating due to stress, anxiety, health. Describes how he navigated and avoided the crowds with his intimate knowledge of the building in moving from one area to the other, eventually going to the Speaker’s office. In case people were trapped in Speaker’s office and a situation if some or fire broke out, he could help them evacuate. Pelosi was evacuated at first breach, but he was looking for additional staff. He joined a stack of riot police as they checked the various rooms of Speaker’s offices and conference rooms, where they did find staffers locked in conference room, and cleared way for their evacuation. He began looking for other uniform officers to assist in his efforts.
——
During this evacuation effort, he encounters Officer Dunn. Same video previously shown of OKs first interaction with Dunn, when Dunn was standing at top of those stairs. Lazarus is coming up the stairs from being Dunn, and stood next to him for a moment, while he figures out how to get past protestors and get to the Speaker’s office, and he notices the placard above the Speaker’s entrance was missing. He managed to get around and through the crowd to get back to Speaker’s office after some protestors asked about his own identity.
He then came back out to check on Dunn, and saw him three or four times. He is asked to describe his observation of the interactions of protestors and OKs with Dunn. He claims each time those interactions and conversations were always antagonistic between the OKs and Dunn.
For his efforts, he was nominated for a Medal of Valor.
No further questions . . . Mehta calls for moving break.
——
SPECIAL NOTE: Why didn’t ANYONE ask Dunn why there is no video evidence of this alleged “other” interaction between himself and either OKs or others who dressed like them? (You do realize that it’s impossible there was no video of such a prolonged event in that area filled with people swinging cellphone cameras around in every direction, all day long, hmmm?)
——
Mehta is back on bench at 11:32 . . . jury seated at 11:35 . . .
Haller - for Meggs - begins cross of SA Lazarus. She asks Lazarus about his 3 to 4 times revisiting Dunn, about what time it was. He doesn’t recall. He says he’d never heard of the OKs until that day.
No further questions . . . no further crosses . . . no redirect. Lazarus is dismissed
——
Untied States calls Edgar Tippett - district manager for Safeway. (43 years with company)
AUSA Nestler begins direct of Tippett, and has him describe his job position, how many Safeway’s there are in DC. Now reading an email which orders all Safeway’s to close at 4pm, in advance of the Mayor’s curfew order. He participated in the decision for all the stores’ early closure, at 4pm, so their employees could get their transportation home before trains and such closed at 6pm.
Nestler is asking Tippett about daily earnings reports and associated bonuses for a manager like himself.
<objection . . . sidebar . . . overruled>
——
Gov enters Safeway earnings report for J6 into evidence, with the total earnings numbers redacted. Tippett explains the various columns on the report: projections and actual realized earnings on J6, showing obvious steep failures to hit projections.
Because of curfew, shipments from Lancaster PA warehouses were not allowed to roll, and none of the Safeways could be restocked on the evening of J6, causing many perishable items be discarded, and undersupplied stores.
No further questions . . .
——
***NOTE . . . obviously, the government is simply letting the jury know the reason they couldn’t get groceries on the 7th, is because the OKs were the cause and ‘leaders’ of the insurrection?***
——
Crisp - for Watkins - begins cross. Asking questions about the basis for their financial projections . . . <yawn> . . . Crisp asks about P&Ls . . . how COVID affected profits . . . weather . . . <did I mention. YAWN?> . . . Tippett mentions how COVID’s restaurant closures made them experience record sales, and that also, record inflation is helping all the stores show additional increases in revenues because of much higher cost of their items in the store.
Crisp goes back to the government’s exhibition of projections and realized earnings . . . argues that projections were exceeded by earning on 5th . . . no unusual damage at stores during closure . . . no trucks hijacked . . . etc.
No further questions . . .
——
Nestler begins redirect . . .
Nestler: “On January 6th, did you make as much money as you thought you’d make.
Tippett: “No sir.”
No further questions. Tippett dismissed.
——
The government calls Graydon Young. From Inglewood, FL. (west coast) 57 years old. Army reserves at 18, but had car accident and then was released. Ultimately served 11 years in the Navy reserves as IT tech. Currently software developer.
Nestler asks him if he had a CCW permit in the fall of 2020, and how many guns he had: “10-ish.” How many ARs? “2.” In fall of 2020 he was just managing his rental properties - not doing IT work.
Asked if he followed the presidential election that year. He supported Trump as a “special, non-establishment candidate.” He considered it a better than 50% chance there was fraud. He was spending between 2-6 hours per day on YouTube and Facebook, watching videos about claims of election fraud, and got emotionally invested, this clouded his judgment, and began neglecting his family. He eventually attended a freedom rally in DC, and felt it accomplished nothing.
Gov submits into evidence some Signal chats in which Young participated. More rah-rah tolk, and eventually Young says all other efforts (marches and protests) are ignored (about fraud), and “something more is required.”
——
Young signed up with OKs because he thought their website description represented his own ideals. He got involved with Signal chats, and attended no live OK meetings. Eventually was vetted and able to attend closed chats. He knew Rhodes was national leader, and Meggs was FL leader.
He was asked to attend a meeting with OKs helping Roger Stone. [Media chuckles multiple times.] He had low opinion of Stone after seeing him for the first time. Nestler asks why he agreed to provide personal security for Stone when he had no experience in working PSDs. (“Good question.”)
Nestler shows photo of OKs posing with Stone, and a firearms trainer, who he was excited to meet and get more firearms training. Encrypted email introduced into evidence from “John Willow” - about recruiting new OKs and growing the organization.
Now bringing a Facebook post into evidence, in which Young made a public recruitment effort, but he received no responses. He was then asked about his knowledge of The Proud Boys - and said he understood they were similar, but more “offensive” in their activities. He reached out to Meggs and presented the idea they might want to recruit Proud Boys. Meggs explained to him that he already had personal connections with PBs at a higher level.
Nestler takes us back to firearms training communications between himself and a trainer who never responded back. . . .
Mehta interrupts and calls for lunch break, at 12:32 . . .
Nestler advises court that due to scheduling problems from previous week, they may not have another witness available today . . . and depending upon how long cross exams go . . . he recommended early recess for “trick or treating.”
——
***Lunchtime Note: We now have two claims made by USCP Officer Harry Dunn for which there is no video evidence, either from Capitol CCTV cameras or the hundreds of cellphone cameras and dozens of journalists in the building on J6. The first, being that somewhere between “20 to 50” people were actively calling him the “N-word,” and now, the mythical “other” encounter with either Oath Keepers or OK lookalikes who, from exit quotes taken from his first FBI interview in May of 2021, he said . . . according to two FBI agents: he was “guarding the stairs where officers were being decontaminated.” And while guarding the stairs, “some Oath Keepers wandered over.” While he was guarding those stairs, he informed all protestors - and I quote: “they need to leave and told the Oath Keepers that the protestors were fighting officers.” Then, he told the Agents, the Oath Keepers advised, “they would help keep the protestors from the lower west terrace area.” The Agents also wrote in their report that Dunn - and I quote: “allowed them to stand in front” of him, “to help keep the protestors from getting down the stairs?” Today Dunn further insists that this is NOT the scene presented as evidence, and is captured on camera, showing the actual OKs doing that exact thing he described as having happened in The Crypt. Today, the government presented NO VIDEO EVIDENCE of that other alleged encounter. Only Dunn’s testimony that it happened, and a testimony which he openly contradicts in his second FBI interview in August of 2021 with two different FBI agents. Unfortunately, Atty Geyer was not allowed by Judge Mehta to continue pursuing that line of questioning that would have ultimately showed the contradicting version of events Dunn gave in two different FBI interviews.***
——
Court resumes at 1:45pm with Nestler showing more inflammatory Signal chats from FL OKs, Meggs and Dolan, talking about “standing against tyranny.” Young is explaining what his ideas were of the tyrannies they may need to respond to.
Young posted, “The real enemy is going to be much smarter than ANTIFA.” Young explains the government will have much greater resources than Antifa.
More Signal chats - one in which he mentions in chat that the “FBI and ATF target patriots.” Explains that “at the time” he thought the apparatus of the government was being used to target patriots.
Another Signal post: “I think ANTIFA and BLM are distractions.” Explains he thinks they were a distraction against election corruption, which would be by people with much more power.
Another post: “We need MUCH larger numbers PDQ.” Explains he knew they need more numbers to go up against the government. More OKs respond to this with positive comments.
——
More chats. more chats. More chats. Young explains that he believed election fraud had been committed, and there was no hope of preventing the change of power to Biden. More chats. more chats. More chats. Including Rhodes having jumped into the OK FL chat group, and Young’s personal chat interaction with Rhodes, asking for more encouragement that they had some chance to overcome Trump’s “dithering.” Rhodes responds that he has been advised for OKs to take no action until they see what Trump does on J6. More chats. more chats. More chats. Between Rhodes and other FL OKs. Young is impressed by Rhodes’ personal interaction with him, and Rhodes responses, and that Rhodes might have some special inroads to Trump’s ear.
On January 1st . . .
Young: “Hey Boss, while you’re here…any intel on Trump DOING anything?”
Rhodes: “Not Yet. Keep your fingers crossed.”
——
At this point Young made the decision to go to DC. Decided to fly, so wouldn’t be bringing a weapon, so Meggs told him he would bring an AR for him. Other gear needed, for PSDs: vests, helmets, flashlights, etc. He flew to meet his sister in NC, then they rode together in a car from there to DC, and brought two handguns. His sister is a former LEO. They went to the hotel in VA, where he met Meggs.
Morning of J6, echoes previous testimonies about OK activities that morning. Initially told they’d be escorting a VIP to Capitol, until he was told by Meggs that the situation had changed after first barricade breaches. Young and his sister were escorting an overweight middle-age lady, and Meggs told him they needed to pick up the pace. Young said the reason why was “self-evident.”
He was told by Meggs that there was a medical emergency being attended to by an OK with med training, and that the Capitol had also been breached. Young felt this was an historic moment on the level of the French Revolution, and he felt he was integral to an important day. Also felt the other OKs felt the same way.
As they approached the steps, the crowd parted and began chanting “Oath Keepers” as they moved up the steps. This made him feel good and important. When he was initially in the Capitol, he was closest to “Kenny” (Harrelson) inside the Capitol, before getting separated. Said that he probably could NOT identify “Kenny” in this courtroom. Photo entered which shows he and Kenny inside the Rotunda, with his hand on Kenny’s shoulder.
——
New video presented showing Young of heading toward “wherever the people in Congress were approving the vote.” He admits to pushing his way toward the House chambers, until tear gas was released while he was pushing his way forward. He was so far back, he couldn’t see who released the tear gas, but moved with the crowd back and away from the House chamber, where he eventually gathered outside the building with other OKs.
Outside he had a conversation with Kenny about the level of protection the police had, and that Kenny didn’t think their body armor would be very effective against firearms. At the moment of that conversation they were all “pretty amped,” and he and his sister - former LEO - began to realize they had been involved in an illegal activity. Young was “coming down” from being amped up.
While outside the Capitol, Young posted to Facebook, “We stormed and got inside.” Explained he used the word “stormed” because they had to overcome resistance and he was “bragging.”
He and his sister drove back to NC that evening. The next day they burned their helmets, vests, equipment, and OK shirt in a burn pile, because by then they were “freaking out” at what they had done. (His sister’s husband is also an LEO.) He saw a photo of himself inside the national media. He deleted his FB and Signal accounts. He was arrested on February 15th. He pled guilty in front of Judge Mehta to “conspiracy to obstruct Congress.” Has not yet been sentenced, but that will be by Mehta. He hopes the government will take into account he’s really sorry for his actions. <He breaks down crying.> Explains how embarrassed and sorry he is. He pleaded guilty because he felt to be fully forgiven he needed to confess.
No further questions . . .
——
Bright - for Rhodes - begins cross-exam . . . Young explains his only interactions with OKs was via chats and phone before J6, and only in person interactions was on J6.
Bright asks him how many meetings he had in preparation for his plea agreement. (4-7?) He went into the plea agreement voluntary. Explains he understands conspiracy is an “agreement” to commit a crime. He never had such a conversation with anyone else, but he assumed it was an “implicit” agreement with others. He agrees he is aware of the potentiality of getting a reduced sentence and more leniency - actual said so under oath in a previous hearing - if he cooperated with government.
Questioning shifts to Young’s initiation to the OKs. It was actually his sister who introduced him to who the OKs were. And he had only been a member of the OKs for about a month before J6. So, his Signal chats and interactions that day were his only contacts with other OKs. On the night of the 5th, his sister and high school friends went into the city to “get a lay of the land.” Not a “recon,” more sightseeing, because they’d never been to DC before. At the time he had no plans to enter the Capitol Building the next day.
Young knew that there were explicit instructions from OK leadership NOT to bring firearms into DC. He did not bring his. He did not witness any other OK bringing firearms into DC.
Young agreed that he had previously testified the reason he went to the Capitol is because Trump had told them to go up there. Young says Meggs also encouraged them to go to the Capitol.
Young agrees he was with only 6 to 12 OKs as they approached the Capitol. Bright asks him why they chose to approach the Capitol in the so-called ’stack’ fashion. <objection . . . sidebar . . . overruled> Young agreed there was nothing by definition that this was a strictly “militaristic” formation.
Young agrees Meggs never explicitly stated they were going into the Capitol, and that any effort he personally made to push through the crowd into the Capitol was a decision of his own, and not an order he received from Meggs. Young was reminded that in a previous sworn testimony he stated it was a spontaneous “stupid” decision to go into the Capitol, by the whole group, with no prior planning or discussion. <Nestler objected . . . overruled.>
No further questions . . .
Mehta announces afternoon break before further cross-exams.
——
Mehta steps back in (3:16) to instruct defense on his preferences for cross exam questioning. Jury reseated. Young retakes stand.
Haller - for Meggs - begins cross.
“Would it be fair to stay you really went to DC just as a protester to be heard?”
“Yes.”
“You didn’t harm any one, did you?”
“Correct.”
“You even told people not to damage any property while inside?”
“Yes ma’am.”
“You never interacted with Meggs inside Capitol?”
“Yes ma’am.”
“Hadn’t you also said you really wanted to protect protestors from violence, correct?”
“Yes ma’am.”
“Hadn’t you indicated you wanted to participate with OKs in disaster relief?”
“Yes ma’am.”
Haller shows Young the photo of them in the VIP area. And he confirms being allowed into VIP section because he understood they had a role to play that day.
No further questions . . .
——
Geyer - for Harrelson - takes over cross . . .
“Did you see Mr. Harrelson at the security event you did for Roger Stone?”
“No.”
“You never heard one bloviated comment or chat made by Mr. Harrelson during your time with him?”
“yYes. That’s true.”
Geyer enters Facebook posts into evidence, which includes insults to different public officials and other types of groups.
Geyer asks Young if that reflects an unsettled state of mind at the time for him. Young agrees. Geyer has Young agree that he’d never met or talked to Ken Harrelson before J6, and that Young was unaware that Harrelson had already escorted a group of VIPS to the Capitol before he left the Ellipse himself. Geyer expresses his skepticism that Young could have interpreted Harrelson’s intentions about ineffective police body armor as being a desire for Harrelson to WANT to attack LEOs.
No more questions . . .
——
Crisp - for Watkins - takes over cross. Young confirms that his group of “6-12” people waking to Capitol included those people they were escorting, as well as Crisp’s client Jessica Watkins. Young learned only the morning of the 6th who’d be escorting that day, but was unsure of the timelines in which he’d do his assigned duties.
Crisp begins to show video of Young’s group walking toward Capitol, and has him identify himself in that video. Young agrees he went into the Capitol, and clarifies that he did some pushing and also got pushed into the building.
Crisp reminds him of his interview with Special Agents Palian and Drew. Young explains that he may not have been as truthful in earliest interviews as he was in later interviews, as he became more honest with himself. Crisp reminds him he couldn’t lie in ANY of those interviews without possible penalties. Then reminds him that in the first interview he described the entrance into the Capitol as both himself and other OKs being “pushed’ through the doors. He also reminded him of saying they were just a bunch of “morons” for going up those steps.
Crisp asks a couple state of mind questions about ‘the stack’ which Nestler vigorously objects to, twice. Crisp argues . . . <sidebar> . . . Crisp rephrases, and Young answers that the stack idea is a logical thing to do even when with your family at a crowded sporting event.
Crisp asks Young if he was aware that in his own sister’s FBI interview that she stated he’d misled her? . . . <OBJECTION! . . . Crisps argues . . . sidebar> (Seriously . . . I think Crisp could take Nestler. HA!) Apparently “sustained.” Crisp returns with another question.
Questions about Young also meeting Watkins for the first time on J6, (along with a few other OKs also being first time.) Young emphatically agrees there was no “GROUP” effort or decision made to seek out the House of Representatives. Young agrees it was never said they were looking for a “politician” or going down that hallway with ANY other OKs. And he couldn’t see any police at the end of that hallway.
No further questions . . .
——
<sidebar called>
Nestler begins redirect . . .
Nestler asks Young to expound upon who he thought would be down that hallway. Common sense says there would be politicians somewhere given that was “the purpose of the building.”
Nestler takes Young back to a review of those boisterous Signal chats leading up to J6. Young said there was never an explicit call to violent action, but that it was “Implicit.” Nestler has him define the words “implicit” and “conspiracy.” Young believes their implicit conspiracy was to obstruct Congress in those chats before J6.
“When you’re at a sporting event is there tear gas, alarm bells, police trying to keep you out.”
“No.”
Young confirms he couldn’t identify the person by name he was assigned to escort to the Capitol from the Ellipse that day.
“Did you touch anyone aggressively when entering the building.”
“I was pushing forward.”
“In that hallway?”
“I was pushing forward.”
“Do you know Ken Harrelson’s Signal chat handle?”
“No.”
(NOTE: Young was shown no inflammatory chats from Harrelson.)
“How did you know where you were going if no one explained or said to you that you were all going in the Capitol?”
“Common sense just made me think that’s what we were going to do. That was the purpose of the day.”
“Were there Signal messages about taking weapons and where they would be?” . . . yes
“How were you going to access?” . . . yes
“Who was bringing an extra gun?” . . . yes
About the comments made by Kenny after you left the Capitol building: (rapid fire)
What was Kenny’s demeanor like? . . . we were all amped up
Was he talking directly to you? . . . no
How many people were there? . . . maybe 30
Kenny talked about the lack of effectiveness of LEO’s plastic armor? . . . yes
Kenny also said that if they’d had gas masks they’d have been more effective? . . . yes
What kind of success were you looking for? . . . . Hoping the fraud would be exposed.
What was your understanding about Rhodes and Meggs were asking you to do when you went to DC? . . . .Going to look for an opportunity to do something about the election fraud.
Who was the enemy you were going to fight against? . . . The corrupt elements of the government that were causing the election fraud.
How do you feel now, almost two years later? . . . I feel like I was acting like a traitor against my own government.
No further questions . . .
——
Mehta announces that we are in recess for the day, (at 4:16), tells the jury to have a Happy Halloween and not to “eat too much candy.”
Crisp has some objections about future evidence. Nestler has three more witnesses tomorrow, and expects to rest the government’s case by Wednesday.
Linder mentions the Rule 29 hearing. Asks for the beginning of Defense’s case to be Monday. Mehta feels like there’s no way he can ask the jury to take a couple more days extension in light of what’s already transpired scheduling wise. Linder explains that same problem has made it impossible to know when to schedule travel for their own witnesses. Basically, Mehta nicely tells Linder and the rest of the defense teams to suck it up. Looks like the two defense deferred openings will be on Thursday.
Nestler defends his intention to bring video of police riot shield stolen and passed in the direction of Caldwell, and though Caldwell obviously didn’t participate, he’d seemed to celebrate it. Now playing that for Mehta. Mehta decides to boot that argument til later.
Court in recess at 4:25pm.
