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- Language
- en
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- text
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- scrappa
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- 2026-10-22 20:42
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Her term happened to be gone during that day, they agreed to let him testify at the 11th. Okay. That's the dates of the trial. I need Oh, no, we're good. Okay. Oh, Your Honor, may I on motions? Yeah. We will be filing a 412 motion. And we will be filing potentially a motion to suppress the search of his phone. And I can get those in quickly. What's the basis of suppression suppressing the phone? How they got his passcode. And it does not involve this detective. Okay. Do you want to respond to us, by the way? Sergeant? Is that going to be a fruitful motion? Well, if the sergeant would respond to me and let me know what his interpretation of how he got the passcode, I would know. Nothing was in the police report, and he did not use body cam. So, what I have is my client's version of how they got his passcode. But even then, what are you suppressing from the phone? A text message where he says the the the victim the alleged victim can testify about anyways, and that's already been It's the cracked all the text messages about cracking. And then the state just calls Kel, and he testifies about it. I'm just asking if it's going to be fruitful. I don't know the answer to that. That's a fair inquiry. Okay. And we will try to get expert notices out as quickly as possible. Same. Let's do motions due by I mean, this is fast. >> Yes, fast. Your honor, I'm agreeable if the state is if we have a week for expert notices. That would be outside the 30 days. I can tell you right now who mine are going to be. Besides. So, Chris Bertram and Jean Lee are our experts. So, that's who we would use. So, that's who we would use. May 18th, can we do everything on May 18th? That's a week before 8 days before trial. All motions due and briefed before the 18th. Are you willing to let us appear via Webex? I get home from Europe late the night before. Should fly into St. George. I wish I could. I can't get you a birthday cake, but I can direct you to Salt Lake City to SGU at 11:59 on the 17th of May. I don't know what time. Do you really want me to be here? I'll make this work. >> It's so much easier. Okay. But, you can appear via Webex on the 18th at 9:00 a.m. to argue motions. Do I have mental health court on the 18th? I do. Okay. Yeah, at 9:00. I was going to try to move it to the afternoon, but I have mental health court. I'll be bright-eyed and bushy-tailed. Okay. 9:00 to argue any motions. Motions need to be fully briefed before then. Uh I want counsel to work on a stipulated jury questionnaire in the next week. Okay. I need that by next Monday. I'll send you our standard one, but I think you're going to have other questions that you want to ask. For example, are you a college sports fan, and if so, which team do you root for? I think you need to add in some of those questions. You two can determine what to add. And then get it back to me next week. We'll email you a copy of what we have now. And I also need stipulated jury instructions. Shouldn't be complicated. You all both have tried multiple rape cases. So, stipulated jury instructions, we'll send you our standard jury instructions so you can follow the same form and format, and then a stipulated verdict form. And the court I have historically done the charge. You're going to ask any lesser included you need to ask for by the 18th. Okay. The charge, and then not guilty or guilty. Mhm. Okay. In that order. There's a presumption of innocence, and I think that needs to be reflected in the document. Perfect. Anything else? Nothing, Mr. Okay. So, questionnaire within a week, jury instructions, verdict form by that date that I said, the 18th, as well as all motions fully briefed before then as agreed to by the parties. So, get your motions to him as quickly as possible. >> Mr. Shaw. Anything that I need to do further? Mr. Shaw. >> No. Ms. Tangaro. >> No, your honor. I appreciate both counsels' professionalism, collegiality, ability to work together, and to present a difficult case in a efficient way. I appreciate everybody who's in court today following my orders on a sensitive case that's going quickly. Thank you very much. That's all. Thank you, your honor.
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