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- 2026-10-22 20:42
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We have been in I've been in a meeting with council um on another matter since 8:30. So I apologize for the delay, but we have been working on a on another matter. Um let's just start Mr. Barry. Let's go to Mr. Barry and then Mr. Well, actually, let's do Mr. Williams first because I said I was going to call that first, then we'll do Mr. Barry. Let's do state versus Ellis case number 2411000884. Right. Do we have Mr. Ellis? Um would you bring him out, please? They're going to bring him out. Everybody's live today because I have a live sentencing council. So, Mr. Williams, your client will be brought out. Mr. Ellis, if you'll come out and stand at the lectern there, please. Your attorney's online and present. Those are the prosecutors. We have a hybrid session today. So, this is a status hearing. Um, let me hear first from the state to see if there's anything directly they need to bring up. I did read the state's proposed supplemental um jury questions and I'll get to those in a minute minute. But outside of that, >> Mr. Oh, >> sorry. Your honor, other than the jury question, um, which Mr. Watab can answer, uh, the state does not believe we have anything to discuss today. >> All right. Thank you. How about you, Mr. Williams? >> Agreed. All right. So, um, is Mr. Watabi live or online? >> He is online. >> He's in Hawaii, I hear. All right. So, I have read through the the proposed questions. Many of them are redundant with the questionnaire. Um, and so I'm not going to I'm not going to use those. I did tell everybody I was looking at two or three or four. Instead, I I get 11 or 12, which wasn't what I had ordered. I have looked at it and there's four or five that I'll allow. I'm going to read through it a little bit more, but I'm inclined to allow five, six, 8, 10, and 11. I might combine one or two of those to narrow it down a little bit. Um, I'm going to invite council to look at those five and see if they can tighten them up and come back with maybe three or four based on those. But many of the proposed questions you're asking are questions that I already order. You're to comply with my order, for instance, as to not um doing any research about the case, forming an opinion about the case, talking about the case, things of that nature. That's already inherent. We're not going to do it twice. Um several of the questions um are asking about people you know that's what we already do as as many of you have tried cases with me before you know that I require council to stand up and identify parties witnesses key members of their team etc. So, those are already covered, so we don't need to do those. But, I've narrowed these five down roughly as five that would be unique and helpful. And these are dealing with um perhaps research already into this case or dealing with people that may watch true crime shows or have watched um med media coverage of this matter. So, I'm going to invite council to work on that. Um on the I'm going to invite council to be to the court on the first day of trial by 8:15 a.m. so that we can discuss any last minute matters and of course then go over these last minute jury questions that we need that we need to utilize. If you want to chat with me before then get a hold of FA and we'll do a special set hearing. Remind everybody we're going to do jury selection via WebEx. I've got two panels of 60. 60 on the first day of jury selection and 60 on the second day of jury selection. My notes indicate the parties wish to um utilize um the 3-day weekend to prepare for opening and so it seemed most appropriate to just split our our days in two. So that's the process we'll start with as well. That should make it easier to handle as well. Um when we discussed um jury selection last time you remind everybody that when we are doing vladier it would be similar as if we were in chambers so it will be closed um that will be the private communications that will be on the record ultimately but those will be the private communications with council so we'll have an empty courtroom except for council the defendant um and the attorneys um that would also include that we won't be broadcasting on WebEx the jury selection process as well. Any concerns with that, Mr. Pomeroy? >> None. >> Mr. Williams? >> No, your honor. There was one thing I forgot to ask. I'm sorry. Um, I had said I've been trying to schedule a sort of important sentencing with Judge Johnson, and she had said if I could, she would take the case first on the morning of the 15th on her 8:30 counter, maybe even a little l earlier. Um, would it be agreeable to the parties in the court to see if I could slip over to Judge Johnson's and do a sentence? >> I'm I'm fine with that. Um, or she said she could, but I just >> The only concern is is I do want to chat with you about because I'm I'm going to have Mr. Watabi get with you and try and condense down these five questions numbers that I indicated into. We >> We've already done that, Judge. So, that'll be easy. All right. So, as as you as you may have forgotten, um because we we've got a large jury panel for each day, it'll take a while for get them all logged in to make sure they're all there, get them sworn in and watch the video. So, if you could even start it a little bit earlier. I actually don't anticipate that being a problem at all. >> Great. I'll contact her. And again, I had told her about this circumstance and she was agreeable. So, I appreciate you and Judge Johnson in that regard and council. Thank you. No, I I I see no reason not to assist you there. All right. Nothing else. Then just as a reminder, I will not call off the jury unless and if uh a plea has been entered. So if there is a last minute plea negotiation, the plea will have to be entered into the record before I will call off the jury. There's nothing else. I'll see everybody approximately 8:15. Now, if you're starting your um sentencing of Judge Johnson at 8:15, would you just let Mr. Pomeroy or Mr. Watabi know that you're immediately at Judge Johnson's courtroom. We'll just wait for you to come in. >> Thank you. >> All right. All right. I'll see everybody in a couple weeks then. Thank you. >> Mr. Ellis. >> All right. Let's go to Mr. Barry. Oh, are you ready? Well, let me do Mr. Barry and let me let me do yours. Mr. Barry, what matter are you here on? >> Garner. G A R N E R. He's an inmate. >> You said Gardner or Garner? G A R N E R. >> All right. Thank you. Let me not see that. Which one? >> It's number three on the American calendar. >> State versus Rodney Gardner. Case number 2411000996. It's a second order to show cause for Mr. Gardner. Good morning, Mr. Gardner. >> Good morning, Judge Griffin. >> We're in a hybrid scenario today. Your attorney is online. You're are live. Thank you. My computer to work again. There we go. All right. Are you prepared to proceed forward with admissions or do we need to set an evidentiary hearing? >> Yeah. Mr. uh Perkins and I have had discussions about this matter and we are and Mr. Garner has not been served with the order of Joe
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