140107041959_transcript From Dunn_public Records Motion

8/13/2019 140107041959_transcript From Dunn_public Records Motion

1/85

DISTRICT COURT OF APPEAL

FIRST DISTRICT

CASE NO.: 1D13-5721

L.T. NO.: 16-20012-CF-011572-AX

MORRIS PUBLISHING GROUP, LLC

d/b/a THE FLORIDA TIMES-UNION,

MULTIMEDIA HOLDINGS

CORPORATION and GANNETT RIVER

STATES PUBLISHING CORPORATION

d/b/a WTLV/WJXX First Coast News,

Petitioners,

v.

STATE OF FLORIDA and

MICHAEL D. DUNN,

Respondents

/

PETITIONERS SUPPLEMENTAL APPENDIX

HOLLAND & KNIGHT, LLP

George D. Gabel, Jr. (FBN 027220)

Timothy J. Conner (FBN 767580)

Jennifer A. Mansfield (FBN 0186724)

50 North Laura Street, Suite 3900

Jacksonville, Florida 32202

Telephone: (904) 353-2000

Facsimile: (904) 358-1872

Attorneys for Petitioners


2/85

2#26813212_v1

INDEX TO SUPPLEMENTAL APPENDIXTab Description

A Transcript of Proceedings before the Honorable Russell Healey in the

Circuit Court of the Fourth Judicial Circuit, in and for Duval County,

Florida, Case No. 2012-CF-11572-AXXX-MA.


3/85

Appendix A


4/85


5/85

1 APPEARANCES:2 ANGE LA B. COREY, Esqui re,State Attorney,3 App eari ng on behalf of the State of Florida.

5 JOHN GUY, ERIN WOLFSON and LISA DIFRANZA, Esq uir es,6 Assista nt State Attorne ys,Ap pe ar in g on behalf of the State of Flor ida.7

9 COREY S TROLLA, E squi re,

10 Ap pe ar ing on behal f of the Def enda nt111213

1516171819202122232425


6/85

PROCEEDINGS2 PROCEEDING3 Pretrial..4567

PAGE..4

910111213141516171819202122232425


7/85

123456789

10111213141516171819202122232425

THE COU RT: All rig ht. Whe re are we on ourdiscovery depos?

MR. GUY: Judge , we've got deposit ions this well, today and tomorrow.

THE COUR T: Good.MR. GUY : So --MS. COR EY: And then I'll upda te the

spr eads heet and send it to you. I haven' t up date dit recently, but I'll get it soon.

MR. GUY: Plugg ing along in that vei n.THE CO UR T: Are we going to be able to set it

for trial today?MR. STRO LLA: I think we talk ed about sett ing

it previously.MR. GUY: Blocke d off some da te s.MR. STROL LA: We've obv iou sly had some

wit nes ses fall off. I was hopi ng to haveeve ryt hing down by the next time we'r e her e. Soas long as ever ythi ng stays on tra ck. We haveseven of 11 for today and then two of five fortom orr ow. So there is some issu es with gettingsome witne sses in for whate ver reason .

THE COUR T: Okay. Well, if that becomes aproble m, let me know. I'll get them in here.

We're going to set it for February 3rd.


8/85

1 MR. GUY : Oka y. The 3rd and the 10th?2 THE COU RT: Well, the 3rd and as long as it's3 goin g to take.4 MR. GUY: Righ t. Righ t.5 THE CO UR T: So we'll go to June if we have6 to. We'l l do it in cour troo m 406 .7 MR. GUY: Okay .8 THE COUR T: Which is one of two cere mon ials .9 It's the one I guess on the --

10 MR. GUY: Wes tsi de.11 THE CO URT : -- wes tsid e of the bui ldi ng. For12 now I thin k we'l l just keep trot ting along in13 Cour troo m 303 . It doesn 't seem to be a pro ble m.14 The first rne year we might be in 305 a little bit15 becau se I may just set this dur ing my 16 CLEA NING PERS ON: I'm sorry.17 THE CO UR T: That' s okay.18 It's amaz ing court repo rte rs don't have cards19 to get in those do or s, but other peop le do.20 Any way , I may just start settin g this during21 one of my felony we ek s.22 MR. GUY : Is that going to be your cour troo m23 now?24 THE COU RT : Yeah , we're going to move to 305 .25 Judge Nor ton 's div isi on. I guess she's in 505.


9/85

123456789

10111213141516171819202122232425

MR. GUY: Righ t.THE CO URT : We are going to mov e to 305. One

week it's Cofer, one week it's m e. There are someweeks, though, where he can't do it for J-i,traf fic court re aso ns so I migh t be there threeweek s in a row. The same might happ en with him.But -- let me thi nk. Let me see he re . The firstweek I'll be in there will be the week of January13. Actu all y I'll be in there Janu ary 20th, I'll

be there January 27t h. So it wil l be Janua ry willbe in 305 . But I'll be in ther e doi ng felo nystuff and some mis deme ano r county court stuf f.

We've got the med ia this mor nin g want ing totheir mot

could do that.MR. GUY: Um-hum.THE COU RT: I don't know what pos iti on you

guys have on all that bu si ne ss. But we'll seewhat they have to say.

MS. COREY : All right, Judge . Just so you'llknow, I mean out sid e the courtro om I'm fighti ngthis battle as pub lic ly and as muc h as I can. Ithink it's very dam agi ng to both the State and thedef end ant' s r ight to a fair trial to have themed ia give so muc h expo sure to a ca se. It's not


10/85

1 like it was when we star ted and the medi a came2 into court for sometim es motion hea rin gs, but3 hard ly ever , but then they would report this4 witn ess said this, you know, they would report the5 tr ia l, and now it's all a race to see who can --6 THE COURT : Yeah.7 MS. COREY: It's a race to see who can get8 the most --9 Judge , have you met Lisa Difr anz a?

10 THE COU RT: Yes .11 MS . DIFRANZA: Ye s.12 MS . COR EY: Lisa Difr anza is our ded icat ed13 pub lic records lawyer bec aus e it's beco me so14 vol umi nou s. You know, we've dealt with it in15 other cas es. So our pos iti on is to extent that we16 are allowed to contr ol this, we are asking that17 you control it.18 I think my mis tak e and I apo log ize for not19 bei ng here last tim e, I was out of the off ice . Is20 when I send copies of the dis cov ery res pon se,21 anyt hing we list on dis cov er y, once we can find22 any --23 It's called an ex cep tio n or an exe mpt ion ?24 MS . DIFRANZA: Exe mpt ion .25 MS . CORE Y: An yt im e we can exempt it we


11/85

123456789

10111213141516171819202122232425

exe mpt it, but all of it is bein g su bject to beingreleased to the media.

THE CO URT : Rig ht. We'l l talk about it whenwe get down ther e. The pro ble m I have is once youdo th at , as I read some of the se c as es , it'stech nical ly public record and if they're faster --I mean theoretically if they 're f aster going downthere getting it than Mr. Strolla is, it's gone.They'll be able to go through it faster than he

ever will, I suspect, because they've got morepeople, mor e out let s. Once it's out there it'sdone. No pun intended the re.

MS. CORE Y: Lisa will do a full reviewprocess before, so Mr. Stroii a gets it way beforethey do. She has to review ever yth ing and red act .

THE COU RT: He's gett ing it way befor e youlist it as discovery?

MR. STROL LA: No.MS. COREY: No, sir. Well, he's got it all

in pap er form, I mean pol ice repor ts and all that.When I finaliz e it on those spre ads heet s I'msending, you get the spreadsheets, we all get thespr ead she ets so he knows there' s X number of phonecalls, and at the time we give him that we turnthe disk over to him.


12/85

123456789

10111213141516171819202122232425

THE CO URT : Rig ht. But what I'm saying, hehasn't listened to them.

MS. CORE Y: He hasn't had time to listen tothem,

THE COU RT : Rig ht. They get the disk at thesame time . They've got a thousand out lets .The y're list enin g to all this stu ff. He can'tlisten to 180 hour s worth of taped con ve rsa ti ons .What you might t hink is exemp t or you might thinkis objectionable is one thing.

MS. COREY : Yes , sir.THE CO UR T: He might think somethi ng else is

obje cti onab le, and quite frankly, in my opinion,what you might think is okay to go out and what hemigh t think is okay to go out I might think is notokay, quite frank ly. I mean ther e's a lot ofreas ons why peop le might say let it go. And I getthat. But they would be re as on s, and if I were inyour sh oes , I migh t do the same thin g, but I'm notin your s ho es , I'm in my own sho es , and I'm say ingfrom the Court' s pers pec tiv e it mig ht not be okay.

MS. COR EY: Jud ge, I wish we could not do anyof it. So to the exte nt that we can support thatpos itio n, I mean I won't speak for Mr. Strolla,but the State is fine with leg ally prote ctin g


13/85

10123456789

10111213141516171819202122232425

anything the law allows us to legally protect.And the reason we brou ght Lisa today is to furn ishany answers to questions about public records.

THE CO UR T: In case some thin g comes up?MS. CORE Y: Yes , sir.MR. STROLL A: And clearly the defense hasn't

filed any obj ect ion s to your prio r order so Ithink you know where we stand as well.

THE CO UR T: Rig ht. One thing I think they

may argue a lit tle bit about is I stuck my nose inbefore anybody else did. You didn 't file anobjec tion to any thi ng, but I kind of did. But I'mnot worri ed about tha t. I feel good about beingon solid ground being able to do that.

Buffy is here from the Cle rk' s Office bec aus eI think they were asking to see docume nt 51, whichwas your mot ion to declare some t hing sconf iden tial or wh ate ve r. I've forg otte n how youtermed it.

MR. STROLL A: Okay.THE CO UR T: She may know. But it's -- I

don't know the word you use . It's blo cke d. Ifyou try and look at it through CORE as a lawyer,you're not goi ng to see it. Wha t do you callthat?


14/85

11123456789

10111213141516171819202122232425

THE CLERK: Well, we secure the document.And the only ques tio n tha t we have is now that theFlorida Times-Union and their attorney areque stio nin g i t, we just want ed to make sure thatour response was in line with what would be properfor the case.

THE COU RT: They just want to see the mo ti on .THE CLERK: Co rr ec t. And we have it secu red

so we told them it's not avail able and they wa nte dto know the reason why.

THE COURT : They called my office yes terda yand I told them we would deal with it in thecou rtro om. Frankly I don't know why they can'tsee the motion and see the ord er. I'm not surethey haven't seen it.

MR. STROL LA: I'm not sure whic h mo ti on .THE COU RT: It's the one that bloc ks the

witnesses' names and addresses and things likethat.

MR. STROLLA: And I think that was acarr yove r from -- that was a carr yove r from JudgeBass .

THE COURT : Yeah.MR. STROLLA: I wante d to make sure. Rig ht,

because there's also other wit nesses I plan on


15/85

121 filin g as well and part of what I told those2 wit nes ses are your name and addr ess will be3 pro tec ted until we go to court bec ause ther e's an4 order.5 THE COUR T: No, no, no.6 MR. STROL LA: Okay . I wasn 't sure if there7 was a separate moti on. Okay.8 THE COU RT: No , you filed this motion eons9 ago . Ther e was an order that Judge Bass ent ered

10 that had atime frame on it. I exte nded that11 ord er. So that' s what we're talk ing abo ut. All12 they 've asked for is the motion.13 THE CLER K: All they 've asked for is the14 mo ti on , but there 's a couple of other thin gs th at ,15 you know, base d on what you said earlier that16 you've said that you don't want out there that we17 have protect ed that info rmat ion. So whateve r18 resp onse we give, we lust want to make sure it s19 in line with, you know, doing what's best for the20 case.21 THE COU RT: Okay.22 THE CLER K: So our med ia outlet per son , I23 told her that we'd be communicating with you24 befo re we gave them a formal res pon se.25 MS . COR EY: And , Jud ge, the most recent issu e


16/85

13123456789

10111213141516171819202122232425

we had in the Tadros cas e, which is a veryhigh -p rofi le case as well, is that lawyers h avedifferen t -- lawyers in gen era l, I'm assumin g,have differen t access than a reporter could.

THE COUR T: Right.MS. COREY : And, you know, we argued the

issue that it's not fair for somebody to use thei rstatus as a member of the court what do youcall it? Off ice r of the court to be able toaccess these documents --

THE COURT: And disse minat e.MS. CORE Y: And turn them over to their

clien ts that pay them to rep res ent them. So Idon't know if that's goin g to bec ome an issue inthis case , but we've alre ady ar gued that and JudgeSoud has ruled on that in case you want to get acopy of his ruling on that iss ue .

THE COUR T: Yeah, I remem ber seeing somethi nglike tha t. And the clerk has brou ght it to myatt ent ion that that is a gli tch . And a lot ofthis is so new I guess it's kind of a learn as yougo, unfor tunate ly, and probably nobody anticipatedthat a me mb er of the Bar would be able to see it,but then would turn it over to a medi a ou tle t,which would not on their own be able to see it.


17/85

14123456789

10111213-114

1516171819202122232425

MS. COREY: Yes, sir.THE COU RT: So I trust that --MR. STROLL A: It wou ldn 't be too far of a

stretcn in this case,oasea on previ ous officersof the court doing things, releasing it in themedia.

THE CO URT : The good thing is after ourhearing the last time, I noti ced that from what Isaw, everybody said no com men t. That would be

you, you, Mr. Phillips, everybody said no comment.So that was goo d. I'd just like everybody to godo their work, be quiet and we'll all have anicetime when we get here on the 3rd to try the caseand then they could put whatevex they want outthere.

THE CLE RK: And also to mak e you aware thathe's in this case now the attorney that you'retalking about, correct?

MS. COREY : He represe nts Channel 4.THE COU RT: Ed Bur ke. Yea h, I know him.

He's a good guy. I suspect ther e was nodel ibe rat e there of tha t. But I mea n -- anyw ay, Idon't need to comment on it.

Okay . What else we need to talk about?Any th ing ? I don't know how long they 're going to


18/85

15123456789

10111213141516171819202122232425

take. I hav en't spo ken to -- they 've called theoffice and I suspec t said get with eve ryb ody , ifit's okay with every bod y, we'll hear it toda y. Ifnot we'll just set aside time. Ever ybod y said itwas okay to do it

MS. COREY : What time is our first depo?MR. STROLLA: 10.MR. GUY: 10.MR. STROLLA : But they're inma tes. They'r e

not going anywhere.THE COURT: Well, that's opti mist ic. I don't

think they're going to be done I don't k now.I've neve r seen this show, but I don' t t hinkthey're going to be done by 10:00.

MR. STRO LLA: I don't think there 's going tobe much arg umen t by the State or defense. Judge.

MS. COR EY: If we handle Cory 's --Mr. Strolla's part first and it's just us stayingto moni tor what' s going on with the me di a. We canstay and they can go start the depo.

THE CO URT : I think he mig ht want to bethere.

MR. STROLLA: Yes . Especia lly if Your Honoris going to mak e a ruling toda y.

MS. COR EY: Okay . Guess what? The good


19/85

16123456789

10111213141516171819202122232425

thing about the inmate depos --THE COU RT: He's not going anyw here ?MS. CORE Y: Rig ht. He'll be at our office

and he's not going anywhere.Judge, are you bri ngi ng in extra jurors? You

menti oned that last pret rial ? Have you ordered aspecial amount of jurors?

THE COUR T: Yea h, I'm talking to the clerkabout it. We'll have a larger num ber .

And I think I asked you, Mr. Guy, do youremem ber, maybe you'd k now, Ms . Corey, how manyjurors were kind of segregated out for, likeTra yvo n Marti n case? I mean did they start with ahundred?

MR. GUY: We had 500 .THE COU RT: Ded icat ed to that case?MR. GUY: Dedi cate d to that cas e. But I

don't think we ever got past 250 . We got thejurors really with in that numb er. It was nearl yas tro uble som e as we thoug ht it was going to be .

MS. CORE Y: They don' t pick juries the way wedo, Jud ge. We much prefer our method up her e.

THE COUR T: Okay . I mean I don't know howmany we normal ly have come down. It's in the 400range. I'm sure the y'r e going to beef that numbe r


20/85

17123456789

10111213141516171819202122232425

up. We never need the 40 0.MR. GUY: Right .THE COU RT: So even if they went to five or

six, and that's the other thing, we'll ultimatelyneed to talk about . I don't know how many I couldput in that court room at a tim e. I'm thin king ahun dre d max and it mig ht not be a hundr ed that Ican get in there at a ti me . Of cou rse , they 'll besome individual voir dire obviously, but once

again we get talking -- if we do talk to folks asa gro up, I don't think I can get more t han ahun dre d peop le in there at a tim e. I'm not sure Iwant to do it that way anyway . Tha t's a lot ofpeople to talk to.

MS. CORE Y: I thin k we --THE COU RT: We mig ht have to go thro ugh some

stages.MS. COREY: We proba bly will, Judge, but

we' ll have to in a sense e xpe dite it with usalready having decided not to seek the deathpen alt y. We're going to ask you to make thatannoun cement at the beg inn ing , don't you think,John?

THE COURT: Right.MS. COR EY: Just that the death pena lty is


21/85

123456789

10111213141516171819202122232425

not an issu e here. That knock s out a lot of thequesti ons and public ity -- individual voir dire onthe pub lici ty would be impo rtan t. We do have amethod of reviewing ju rors ' criminal records andsince Mr. Strolla does not have access to the lawenforcement database wewill provide what we get,but it s on a disk. We do not print it out,Mr. Strolla.

MR. STR OLL A: What soft ware do you use toopen it? Don't say it just --

MS. CO REY : It's a PDF.MR. STROLLA: That's fine. If it s a PDF

we're okay . As long as it s not propri etarysoftware.

MS. CORE Y: It's not prop riet ary and we'llfurnish that to him. When is the earliest we canfurnish it?

THE CO UR T: The other thing I though t of andit s just a thoug ht. When Idid a three-weektobac co trial we -- I say we . It had alrea dy be enkind of somet hing that was desi gne d before I camealong to try the case . They actua lly had awritten questionnaire that they gave the jurors,kind of tailored to these tobacco kind of issues,you know, to kind of get a feel for how


22/85


23/85

20123456789

10111213141516171819202122232425

wasting our time questioning.MR. STRO LLA : And also taint the jury.MR. GUY: Yeah, that .THE COU RT: We'r e not going to have that

beca use I suspect we'r e going to do all thatind ivi dua lly . I'm not going to have peop le outthere as Judge Washington said we're going totaint the whol e pa ne l. We're not going to havethat. But it mig ht pare things dow n, then youmigh t get -- maybe you get down to a gro up, youknow, mayb e you give that questionnaire to 200peop le and I can't imagin e you'd knock out ahundred of them, but let's just pretend youknocked out a hund red of them, at least you 've gota hundre d peopl e that you think are pre tty goodthat are going to you might not ulti mat elylike, but publici ty is not going to be, hop eful ly,the issue . And out of that are may be we' re goi ngto get where we want to go.

MR. STRO LLA: It will defi nit ely exp edi te theprocess for sure.

THE COU RT: Start think ing about it andmaybe, you know, seeing how we could come up withsome questions that we could put on there thatwould be relatively quick for them to look at.


24/85

21123456789

10111213141516171819202122232425

ans wer and get -- and get back and the way theydid it, of course, toba cco , obviously the defensehad lawyers coming out of their ears. Even thepla int iff had a staff . And so they were goingthrough this stuff pre tty quickl y. It's going tobe a little bit more dif fic ult for you if you'reby yours elf. But, anyw ay. Think about that .

MR. GUY: Absol utely .THE COU RT: All ri gh t. So I'll see you all

down there.Yes .THE CLERK: This is Charle s Broward

(phonetically) and that will be the in divid ualthat will oe releasing the information on behal fof the Cler k's Offic e as far as what goes on withthe ruling. And that's really some doc ume nts .He'l l be making the offic ial statem ent to theFlorida Times-Union or whoever.

THE COUR T: Okay. Let me back up. Thatremi nds me . The only thin g that I know that' skind of hanging out there are these phone calls.

MS. COREY: Yes, sir.THE COUR T: And I see that there had alr eady

been some correspondence back and forth betweenyou guys and the me di a, but it was mone y that was


25/85

221 hol din g them up, it looke d like to me , beca use2 it's exp ens ive.3 MS . COREY: Yes, sir.4 MS . DIFRANZA: That's corr ect, Your Honor.5 THE COU RT: So have you all gone thro ugh all6 180 hour s of these call s?7 MS . DIFRANZA: No, we haven't --8 MS . COREY: She has n't . We have .9 MS . DIFRANZA: Sorry.

10 MS . COR EY: You mea n for publ ic reco rds?11 THE COU RT: Act ual ly bot h. So you have for12 discovery purposes --13 MS . COREY: Yes , sir.14 THE COU RT: -- you' ve liste ned to them ail?15 MS . COREY: Well --16 THE COURT : Your peo ple .17 MS . COR EY: My inte rn has liste ned to all of18 them and given me a bri efi ng on them.19 THE COU RT: A syn opsi s of what' s on these20 calls?21 MS . COREY : Yes , sir.22 THE COU RT: And you have n't heard any of23 them?24 MR. STR OLLA: I've started to listen to some25 of them , but that was whe n we talked about about


26/85

23123456789

10111213141516171819202122232425

two months ago that it was going to take days andthen Ms . Corey said they were going to narrow itdown for trial purpose.

THE CO UR T: To try and poi nt you in the rightdirection?

MR. STROLLA: Right .THE CO UR T: But you guys have not started

looking at it in terms of MS. COREY: Redaction, correct.THE CO UR T: Okay. And that's where all that

money and time came in.MS. CORE Y: Ye s, Your Hon or, it's six and a

half wee ks , 40 hours a week s traig ht work.MS. COREY : And they have to pay for that in

adv anc e of us doing it so unles s and until themedia pays for that I'm not going to dedicate alawyer to list en to that becau se we don't justturn them all over . They have to be redac ted.The letters were --

Lisa, have you alre ady revi ewed the let ters?MS. DIFRANZ A: We reviewed and redacted

extensively.MS. COR EY: Those were easy , fairly easy to

do, but the calls would not be.THE COU RT: Did you get a ver sion of the


27/85

24123456789

10111213141516171819202122232425

redacted letter?MR. STROLLA: No , we got the le tt er s, we got

the supplemental discovery with the letters andthen I don't beli eve -- I haven' t even s een whatwas relea sed to the med ia beca use I didn' t go onMr. P hilli ps' Twitter page and Facebook page tosee what he pos ted . He just knew they werepos ted . But I knew what the lette rs con tai ned .When all of a sudde n this th ing came o ut, thelette rs were in the me di a, I knew what was inthose letters.

THE COURT : Okay. Well, I'm just -- I justwonder if they're going to try and make anargu ment that these thing s are pub lic recor dalready because he's got them.

MS. COREY: No, they do make that arg ume nt,Judge, but what we do is we follow the p ubli crec ord s law to a T and we are all owe d to say we'renot turning this over until we've spent the timeto pro per ly redac t. That' s the one thing thatpubl ic rec ords law pro tec ts us on, is not turni ngover anything that basically would involve anyadmiss ions of his cli ent. There's a few otherthings.

THE COUR T: Rig ht.


28/85

25123456789

10111213141516171819202122232425

MS. COREY: But admis sions is the biggestthing because it's phone calls and letters writtenby the defendant.

THE COU RT: In readi ng some of these ca se s,the other thing that po ps to my atten tio n is anycomments that there may be about victims orwitnesses. Ther e's some cases that talk aboutthat and not putt ing c omm ent s out there that w ouldcall their character into question or disparagethem or somethin g like tha t. I've for got ten theexac t language of the case. I don't know if anyof that is in there or no t. So, you know, it'swid er than I guess just him saying some t hing sthat could be con sid ere d to be him saying aconfession, of sorts.

MR. STROLLA: And I think to be cand id, Ibelieve Mr. Phillips specifically went out of hisway to try to use one of the letters to hisfiancee that was released and published to try tothen make accus ati ons that Mr. Dunn was lying towitnesses, trying to coerce witnesses to changethei r story. So thos e leaps of faith ,unfortunately, are being taken by certain peopleanyway.

THE COURT: Well, I mea n what happ ened --


29/85

26123456789

10111213141516171819202122232425

that' s the pro ble m. What peo ple -- the spin theyput on it themselves after it's out there, there'snothing really you can do to control that toomuch, ma ybe , unless they're a member of the Barand even thou gh I don't know yet. But I'm loo kin ginto that.

An yw ay , I'm just try ing to figure out how Ican be involved in this, assuming they say theywant you to do this, how I get involv ed in it,

because, you kno w, again , the way I see this islet's say you do it, I'm thinking he's going towant to look at it before they get it to obj ect ornot. I want to look at it befor e they get it tomay be say I have a pro ble m with i t, even t houg hyou all do n't , and I don't know how that' s goingto work.

MS. COREY: Judge, it would take you fore ver.I mea n that 's why this law needs to be ch ang ed.It would stop our pro ces s of tryin g to get a cleancase to trial with all due process rights given.It would stop us for the nex t two or three mo nt hsto litigate the issue or to have you be able toreview this. It's vo lum ino us. I mean there are-- how many calls are there total listed on thelast discov ery respons e?


30/85

271 MR. STROLLA: Six, seven.2 MS . COREY: What?3 MR. STR OLLA : I bel iev e it was over 600 .4 MS . COR EY: I bel iev e it was over 700 . It5 was 725 call s and that was only as the date I6 finished that discover y resp onse.7 THE COU RT: Right.8 MS . COR EY: I have n't even starte d on the9 next batc h and that's why , I know we're on the

10 reco rd, but we , quite fra nkly , sent may be not so11 many call s or just talk about the weat her or12 som eth ing . We don't want to deal with this, but13 we have to.14 THE COUR T: Right. Yeah.15 MS . COR EY: So, Jud ge, the only thing I can16 think we can do is I can have Lisa give you a17 summ ary, give you a one -p age pro ced ura l sheet that18 she'll furnish to Mr. Str oll a, too , this is how we19 do it and thes e are the laws that appl y to the20 pro ces s and we're not bac kin g dow n.21 And here 's the other thin g, bec aus e we'v e had22 to deal with this bef or e. They can't go get it from23 the Sheriff 's Office becau se techn icall y they're the24 cus tod ian of that reco rd, but the Sheri ff will not25 relea se those to the med ia bec aus e obvi ousl y they


31/85

1 would have alr eady tried that and just paid for just2 the disk3 THE COURT : Right .4 MS. COREY: Witho ut the redact ion time, but5 they can't do it that way. Than k God .6 THE COU RT: Yeah . That's good to know.7 MR. STRO LLA: And , Judge --8 THE CO UR T: May be the way -- I know -- I'm9 just trying to think if we go that rou te.

10 MS . COR EY: Ye s, sir.11 THE COU RT: Mayb e somebod y could give me a12 summary -- may be I can see the summa ry -- he13 doesn 't need to see it nec ess ari ly. But the14 summary from your office as to what your peop le15 thi nk they found on ther e to beg in wit h and then16 what ever she finds in addi tio n. I'm not worr ied17 abou t what you all thin k ought to be red act ed .18 I'm worr ied abo ut what you thi nk mi gh t not need to19 be redacted that I think might need to be . That' s20 why I need to see the sum mar y.21 MS . COR EY: It's our work pr od uc t. We worked22 har d, but I'm hap py to furn ish that to you in23 camer a if you wou ld lik e.24 THE COU RT: That' s prob ably what I need to do25 to start loo kin g at it to see , you 're ri ght , he


32/85

291 was talking about the wea the r 90 perce nt of the2 time so who car es.3 MS . COREY: I'll go ahead and get that to you4 then.5 THE COU RT: Yea h, just sealed. That 'll come6 in pape r form or on a dis k?7 MS. COREY : No, sir, it's on a thumb dri ve.8 It's on a thumb dri ve.9 THE COU RT: Okay . We have techi e peop le that

10 will help me with tha t.11 MS. DIFRANZA: The statute is 119. 011,12 subs ecti on 3 where it talks -- subs ecti on 5 whe re13 it talks about the def ama tio n or the pot ent ial14 stat emen ts to --15 THE COURT: Wi tne ss, right. That's what I16 thought.17 MS. DIFR ANZA : Ri ght . It does say pur sua nt18 to court orde r. It doe sn' t say upon mot ion of any19 par ty. It says upon court orde r, the Court may20 order information conf ide nti al.21 THE COU RT: Well, that's what I say. I don' t22 know. I haven 't seen it. I haven 't really read23 those let ter s. There mig ht be thing s in there24 somebo dy might cons ide r to be defa mat ory about a25 wit nes s or a vict im.


33/85

30123456789

10111213141516171819202122232425

MS. COREY: Yes, sir.THE COU RT: And, you know, so all rig ht.MR. STROLLA : Judge -- sorry, Judg e. The

only oth er thing and I talke d to the Stat e,Mr. Guy about today, I cont acte d the She riff 'sOffic e to obviously try to review discov ery.There' s DVDs and sta teme nts . I can't bring anyele ctr oni cs into the jail and I called to see ifthey hav e some type of room I could bring my

clien t to to watch it. They didn't resp ond. Sowha t I was going to ask the Court is for an orderall owi ng me to bring in either a DVD player or alaptop, somethi ng wher e I could go over theevidence with my client.

MR. GUY: I know the PDs are able to do it.I don't know how they do it. But they ro utin elytake DVDs over and publish them to their clients.

THE COU RT: When you guys go out, ask themhow they think they're doing it?

MS. COREY: Yes , sir.THE CO URT: How they' re able to do it so

may be yo u'll have an answe r for me .MR. GUY: Yes, sir.THE COU RT: I hate tell ing the Sherif f what

to do, but you're ri ght , you need som ething over


34/85

31123456789

10111213141516171819202122232425

the re that you can play these thin gs for him. Ican't imagine they don't allow you to take alaptop in there.

MR. STRO LLA: I can't even bring my I-Pad ormy ph on e. I have to lock it up. Not hin g.

THE CO URT : That's at the jail ?MR. STROLLA: Yeah. Yeah.THE COU RT: If you run into some body , ask

them. We'll try and solve that this mor nin g, too .

I'll see you down there.(The following proceedings were had in

courtroom 303:)THE COURTMS. COREYTHE COURT

Good morning.Good morn ing. Your Honor .Need to get this computer going

here.I beli eve Mr . Strolla is tal kin g to Mr. Dunn.

So as soon as they're finished we'll have them comeout and we'll be ready to begin.

MR. STROLL A: My apol ogi es, Judge .THE CO URT : That's all rig ht. I know you

need time to talk to them.Do you want to bring Mr. Dunn on out then?BAILIFF : Yes , sir.(Defendant present.)


35/85

32123456789

10111213141516171819202122232425

THE COUR T: All right. Good morn ing.We're h ere on the case of Mich ael Dunn, case

No. 2012-CF-11572.There are a vari ety of thing s to handl e this

morning.First, Mr. Strolla, how you are we coming on

the discovery depos ition?MR. STROLLA: Fairly well, Judge . Obviousl y

with every case we were trying to get about 11

today. We thin k we've got seven and then tomor rowout of the five we' ve got abou t two. I know theState is still looking into contacting some of thelocal witnesses hopefully to try to get them intomor row. I know I do have another round ofdepositions set up for not only today andtomorrow, but the 21st and the 22nd of this month.So I'm extremely optimistic that we can get all ofthe witnesses that we don't get now that the Stateis wor kin g on getti ng her e in the next cou ple ofweeks.

THE CO URT : Okay. So are we ready to goahead and set and anno unc e a tri al date for th iscase

MR. GUY : Ye s, sir. I think we areTHE COUR T: Mr. Strolla?


36/85

33123456789

10111213141516171819202122232425

MR. STROLLA: Ye s, Your Honor.THE COUR T: All ri gh t. And we talke d about a

var iet y of dates in Janu ary or Febr uary . And forseveral reasons that don't really matter to a lotof folk s, what I'm goi ng to do is I'm going to setthis case for trial to commence on February the3rd and we will try the cas e, I be li ev e, at leastat this poin t, in cou rtr oom 306, whic h is one ofthe larger courtroom s in the cour thou se. So

that's probably all we need to know about that.MR. GUY: Jud ge, I beli eve it's 406 .THE COURT: It is . Did I say 3?MR. GUY: You did.THE COU RT: Than k you. It's 406 . So we' re

good there.So I guess then the only other th ing real ly,

unless you guys have something else to talk about,wou ld be to move on to Mor ris Publ ishi ng and I thinkone of the other media outl ets' motio n to interve neand to vacate a res tri cti ve order that I ent ered andfor continued access to public r eco rds.

So Mr. Strolla, before we get to that, anythingelse from your point of view?

MR. STROLLA : Jud ge , the only thing that I'dmen tio n is that I've cont acte d the jail.


37/85

34123456789

10111213141516171819202122232425

Obv iou sly ther e's some DVDs with my clien t'sstatements, the other witne sses stateme nts. Thejail won't let me bring any elect ron ic dev ices in.I've reached out to the jail. I just haven 't hadwor d back yet. What I'm going to try to do is I'mgoing to try to resolve that issue this time whenI'm up here so in two weeks that I can have thatevi den ce ready. So I may be subm itti ng an orderto Your Honor . If I don't need to involv e Your

Honor, I will not .THE COURT: Okay.MR. STROLL A: I think the State will help me

reso lve that issue with the jail so I can bringthat evi dence and review it to my cli ent .

THE COU RT: Are you able to talk to anybod y?MS. COREY: Ms.Wolfson went to find out

about it so she could report it to you andMr. Strolla.

THE COUR T: Here she is. Mayb e she know s.MS. WOLFSO N: Good morn ing. Your Honor.THE COURT: Good mor nin g.MS. WOLFSON : I actually texted with a Public

Defender and she advised she's just able to take alaptop to the jail so I'm not sure if it's astan ding order or not , but that' s what I found out


38/85

35123456789

10111213141516171819202122232425

from her.THE COURT: Well, it would seem to me they

would allow a laptop in there so that you couldshow certa in things to your cli ent . If thatbecomes a prob lem, just let me know and I'll enteran order.

MR. STROLL A: I was goin g to ask is itacceptable to the Court for an ex-parte order aslong as I talk to the State? I'm sure the y'r e not

going to obj ec t. Just submit that to Your Hon or.THE COU RT: Would there be any obj ecti on to

him just subm itti ng one to me ex part e?MS. COREY: No, sir, none at all .irinj c O u n r : nu pe xu xx y LiiaL Wu n L JJCct

pro ble m, but you might just men tio n yourund ers tan din g is that at least the PublicDefe nder 's Of fice is doing it so you should beallow ed to do it, too.

MR. STROLLA: Corre ct. Thank you. YourHonor.

THE COU RT: Okay. All right then . I guessthen we can mov e on to the mot ion to inte rve ne.Looks like Mr. Gable is here.

Good morning.MR. GA BL E: How are you? Good mor nin g.


39/85

36123

456789

10111213141516171819202122232425

THE COU RT: Good, thank you.MR. GAB LE : I'm Geor ge Gab le. I repre sent

Morris Communications and First Coast News,Times-Union and First Coast News.

THE COUR T: Yes , sir.MR. GABL E: I have some cases I was going to

give everybody.THE COU RT: Whil e we're doing that, are we

min us Mr. Burke ? Are you going to be hand ling itfor everybody?

MR. GABL E: Crystal is here.MS. BREYHA N: Your Honor, I'm Cryst al Breyhan

(phonetically) on behalf of Post Ne wsw eek .THE COU RT: All rig ht. Do you both want to

be heard or are you going to kind of defer toMr. Gable and see where we are or how is thatgoing to work?

MS. BREYHAN: At this time we're deferring toMr. Gable. I think he's more than capa ble.

THE COU RT: I agree with you.Go right ahead, Mr. Gable.MR. GAB LE: Thank you, Your Ho nor . We have

-- we're here about the order that Your Honorentered on October 24th, restrict ive order. Iguess the best way to say it is we have four


40/85

37123456789

10111213141516171819202122232425

issues with your order.THE COUR T: Okay.MR. GAB LE : The first one deal s with the

subst ance its elf . In para grap h 4 of the order you-- the Court s ays in the instant c ase and based onthe above law this Court finds that the futurerelease of any materials such as jail letters,videos, audio recordings , photograph s and witnessstatements would gravely risk defe ndan t's right to

a fair trial and could easily taint the jury pool.I've giv en you a coupl e of cases and als o

furnished cases to counsel talking about thesubsta nce of this kind of res tri cti ve ord er. Thefirst one is Mor ri s Communications Company v ersusState of Florid a and Stephen Lee Ed mo nd s. It's844 So. 2d 671. This is a case Your Honor mayremember.

THE CO URT : As a matt er of fact, I do.MR. GA BL E: The man was a deac on in the First

Baptis t Church and was accused of mol est ing someyoung men. And if you'll look at page 2 of theappellate deci sion from the First Distric t, thetrial court had granted Mr. Edm ond s' motio n forprotective enclosure order and it listed some ofthe doc ume nts . One was a search warr ant which is


41/85

3123456789

10111213141516171819202122232425

not an issue her e. Sec ondl y was nume rousprintouts of instant messages which could besimilar to the kind of thing that you're dealingwith here ana tne record ea telepnone conve rsatio nand basically the Court said -- the trial courthad ruled that these items are so graphic,shocking , damning and dist ress ing, as to page 3,so as to cause grave co nce rn that the def end antwill have any chance for receiving afair trial.

And the Court said that is not enough to show itwoul d be a serious and imminent threat toadministration of justice and directed the trialcourt to provi de peti ti one rs ac cess to thediscovery documents.

I have another one simil ar to tha t. Ther e areothers as well, but this one is Florida P ublish ingversus S h o r s t e m . Actually I don't know -- I don'thave the Southern Second cite for it. But it s 20Media Law Reporter 2102. This -- I've atta ched alsoas an appendix is attache d the trial court'sdecision.

But if you'll look at the trial cour t'sdec isi on on the third page dow n, there are var iou sitems that the trial cou rt liste d, one of which wasthe saturation of the northeas t Florida market with


42/85

391 stor ies about the case and dis tre ssin g and2 judic ially disrupti ve practi ce of publis hing3 arti cles just before jury selec tion. And here we4 even had conf essi ons. Of cour se, that confessio n5 as you saw from our mo ti on , have now been excl uded6 unde r the publ ic reco rds law.7 So I guess my first point is that substantively8 it's diffic ult to find almost anyth ing, especia lly9 in a count y the size of Duval Cou nty , that would

10 war ran t a pro tec tiv e order beca use of the fact that11 juror s are dra wn, they don't read the new spap er12 an ym or e, and if they did they 've forg otte n what it13 was about.14 THE COU RT: Yeah , that was an inte rest ing15 comme nt that you cited in your me mor and um of law.16 And you cited a case whe re a court found tha t.17 That struck me as a litt le un usu al . I'm won der ing18 how that court det erm ine d that peop le don't read19 ne ws pa pe rs . And that was an older cas e. This is20 -- a lot of these cases are way older than what21 we'r e deal ing with as far as medi a today and how22 peop le comm uni cate and get news and such. But I23 was puz zled as to how the Court coul d find that 24 or say that peopl e don't read the pap er, they25 don't wat ch TV and even if they do , they don't


43/85

40123456789

10111213141516171819202122232425

retain anythi ng they saw. I won der about that . Ithi nk a lot of pe op le reta in a lot of thin gs th eysee and read.

MR. GAB LE: That could be right . Your Hon or.There is another case which I didn' t bring wi th methat Judge Santora ruled, that was back when wehad 600,000 and he said the same thin g. It' s, youknow, perhaps -- well, that leads me actually intothe second po in t, legal issue here is that there 's

been no evide ntiar y hearing. All of the cases ,even the ones that Your Honor cited in your order,McCrary and others, there was an evidentiaryheari ng -- pard on me -- and in your case whereyou've asked the par tie s or dir ecte d the parti esto furnish you the documents ahead of time, itseems like it wou ld be dif fic ul t, it is cer tain lypos sib le for the Court to hold its own evi den tia ryhearing, issue subpoena s, cross- examine wit nesses ,but ordin aril y you rely on the pa rti es to filemot ion for pr ote cti ve order and tha t's the waywe've always been here before the Court in thepast.

THE COU RT: And , again -- I agre e with you,that's the way we' ve always done it, but thatdoesn't mean the way it's always going to be done


44/85

41123456789

10111213141516171819202122232425

as we mov e into the future and we deal with theway news is repo rted tod ay, which is so differ entthan it was repo rted in any of these cas es . But Ithin k -- and I don't mea n to inte rru pt, but Ithink perhaps there's amisunderstanding as towhat my order says and what it me an t. I have n'tclosed anyth ing. I don't intend to do thatwithou t a hearing . I under stand what the case lawis and, you're c orr ec t, I have to have a heari ngto dete rmin e whethe r or not somethin g shou ld beclosed, if you will.

MR. GABLE : Righ t.THE COU RT: My point in the order was I want

to make sure that both the Stat e, the defe nse andthe Court have ample time to review things beforethey get out to the med ia outlet and go acros s thecountry, seemingly, in this case, and to use, forinstance, the letters from the jail as an example,there were quite a numb er of them. And the wayI'm reading the law is that once the State kind ofdisclos es those, they're basicall y public record.

MR. GABLE : Exac tly.THE COU RT: And if you get down there at the

same time as Mr. Str oll a, the State hands t hosethings out simultaneously, you and all the other


45/85

42123456789

10111213141516171819202122232425

med ia out let s that there are with the resour cesthat you have, can disseminate those thingsins tan tan eou sly . Mr. Stro lla has to sit down andrevie w the items and he's r evie wing them all , buthe may say, you know wh at , I don't care . They 'reall good. He may say, wh oo ps , I want some thingsto be reviewed by the Court and maybe not to bedis sem ina ted . By that time , I think you used theterm, I loved it , the horse is out of the bar n.

The re' s no getting it bac k. It's over .And the case law the n is ver y, very bad from

the Cour t's point of vie w, you can't really get itbac k. And that's really what I am conc erne d aboutand want to try and pr ev en t. I want to make surethat everyb ody has an oppo rtun ity, when I sayeve ryb ody , I mean the Stat e, the defe nse and theCourt, has an opportunity to see these things tomake sure there's ample time to file whatevermoti on is deemed neces sary, if any. Maybe therewon' t be any. And at that point then we'd have ahearing like you suggest and like the lawrequires.

The only little di ffe ren ce I guess is I haveinter jecte d myse lf, which you're rig ht, I agree withyou is a bit unu sua l, but the re weren 't any


46/85

43123456789

10111213141516171819202122232425

objec tion s about the lette rs, the jail letters, and,you know, why the State didn't feel as thoughsomething might be objectionable, why the defensedidn' t feel that way, maybe they di dn't get to seeit fast enough before it all got out there and thenthey realized there was nothing they could do aboutit, I don 't know , and the way I look at it is theyhave their jobs to do and I have mi ne . Mine 's alittle diff ere nt. I've got to try and ensure we're

going to get a fair and imparti al jury seated herein Jac kso nvi lle . I've got to ensur e that we havethe proper administration of justice as it relatesto this case.

So my role is a little bit di ffe ren t thantheirs and there are strategy reasons why sometimesatt orn eys may or may not object to som eth ing . Butas hig h- pro fil e as some of these thin gs have becom enow, it seems incum bent upon me that the Court mayhave to step in to prev ent some of those thi ngs thatcould happen.

And, you're r ight, that case Judge McCau liehad, I remem ber the Edmon ds case. If there was onethat was going stop it , you would have thou ght thatmig ht have been it. Didn't seem to sway theappel late court. I'm not sure what they saw or knew


47/85

44123456789

10111213141516171819202122232425

about what the su bst anc e of all that was , but -- sowe may be talk ing a lot about someth ing that' s ne vergoing to hap pen , quit e frankl y. In ess enc e, I'mjust trying to put a buff er in the re .

MR. GABLE : I unders tand that, Judge, but.Your Hono r, that really leads to my third po intand that is the fact that this order cre ate swhat's called a judici al exc eption to the publi crec ord s law and I have given you a copy of theMcC rar y case whic h you cited in your ord er.

THE COURT : Ye s, sir.MR. GAB LE: On pag e 3 in the mid dle of

headnote one on the left side of the page, itrefer s to the Wei ght ca se. That was the -- thatcase involved an attor ney- clien t -- the Courtestablis hing an atto rney- clie nt priv ileg e in apublic records case and the Supreme Court says,well, there are no judicial exemptions under thepubl ic re cords law, and it says in Wei ght we he ldthat the judiciary should not create public policyexemptions beyond those specified by thelegis latur e. What the legislat ure has said hereis that once the State furni shes the doc umen ts tothe defend ant, they becom e public records . Andfor Your Honor to insert yourself into the picture


48/85

45123456789

10111213141516171819202122232425

at that point creates a judicial exception.I wou ld say that if Jud ge Healey were the one

handling all these cases, you may look at it for afew minutes and send it on and say nothing iswron g in my opini on, but to mak e it a gene ral ruleamong all circuit ju dg es , the misc hie f in thatcould be that a judge would take the doc ume nts andnever rule until the tr ia l. So the y'v e, ineffect, then stopped the opera tio n of the pub lic

records law.So I suggest that p erh aps there ought to be

some other method than for the judge to i nserthimself or herself

THE COURT: Well, I thin k -- I think you 'vemade that argument bef ore . I think Judge Coo per,as I und erst and it, had a simil ar s itua tion andentered an order that, in essence, did the samethi ng. I think it's in the Donald Smith cas e.Impo sing a time limit , and I think you sugg est edthat in your pap ers , and I bel ieve in hersit uat ion it was ten days that e veryb ody had anoppor tunit y to review these things before ac tuall yI guess the media would get them. So that any bod ywho had reason to file a mo ti on , could.

And I believe th ere's some other cases.


49/85

461 The re' s some cases that back that up. One of them2 is Media General Ope rat ion s, Inc., versus State at3 933 So. 2d 1199, which is a Second DCA case out of4 2006. I don't know the I'm sure you are5 pro bab ly famili ar with it. But I think there the6 Cour t did the same thi ng and just imposed a time7 lim it, if you will.8 MR. GA BLE : Rig ht. And ther e's no time limit9 in this.

10 THE COU RT: Rig ht. I agree with you . You'r e11 absol utely correct .12 MR. GA BL E: I'd like to add one oth er po in t.13 THE COU RT: Sure .14 MR. GA BL E: It look s like your order is not15 wor ki ng, beca use as you may have seen from the16 atta chmen ts we have, there has been a public17 reco rds reques t to the State for the jail hous e18 telep hone calls .19 THE COU RT: Yes , sir.20 MR. GA BL E: And they have neit her furnis hed21 those call s to you, as far as I know, unles s22 there's been some ex parte comm uni cati on.23 THE COU RT: They have not .24 MR. GA BLE : Nor to the me di a. So your order25 is not self-executing ap paren tly so I mean


50/85

471 somet hing needs to be don e. It seems to us .2 THE COU RT: And to be honest with you , that3 -- I knew those thin gs were out th er e. I -- you4 know, it's inte rest ing. The Court doesn't always5 get to know eve ryt hin g about the case until6 usu all y you get right befor e the tr ia l.7 MR. GAB LE: Righ t.8 THE COU RT: So, for ins tan ce, I didn' t know9 there were jail le tte rs. N obod y has any need to

10 nec ess ari ly incl ude me in tha t. Now I know. I11 also know there are also all thes e jail phone12 calls that have been record ed and I saw, I think13 atta ched to your do cu me nt s, that there had been14 corre spond ence betw een either your client or maybe15 Mr. Burke's or wha tev er, about obtai ning these16 di sk s, if you will, of phone call s.17 My und ers tan din g is there 's some 180 hours18 worth of phon e ca ll s, which ther ein lies the19 dil emm a. It would take at least 180 ho ur s,20 obv iou sly , for some body to listen to all those21 th in gs , to then be able to be in a po sit ion to22 either make an obj ect ion to some part of it or23 not.24 I don't know that they'v e even been turned over25 to the def ens e, quit e frank ly. I don't know wher e


51/85

48123456789

10111213141516171819202122232425

they are. You're righ t.MR. GAB LE: If they haven' t bee n turned over

to the defense, they're not public records yet.That's what makes them a public record.

THE COU RT: And may be Ms. Corey or one of herlawyers can speak to this. My unde rsta ndin g fromreading the documents there, though, is that theyare charged with complying with public records lawand so whi le her offic e look s at the se th ing s in

one way as far as evi den tia ry va lue for a tri al,they have to then look at it in a second way tosee where it falls within the public records lawand I und erst and they have peopl e in their officeto do it, and it's rather time con sum ing ,obvi ous ly, and costly , and so what I saw was theyindicated to either your client or one of theother media ou tlet s that it was going to cost inexcess of $6,000 for somebody to sit down, gothrou gh all that with the min dse t of I'm appl yingthe pub lic r eco rds law to these ca lls and I'mgoing to redact this, that or the other and thengive them to you.

So it sound s l ike it was a mo ne y issu e t hatkind of held that up, which was fo rt ui to us , quitefrank ly, beca use now I know about it and, you're


52/85

491234567

10111213141516171819202122232425

right, that pos es a dilemma as to how a nybo dy,including myself, could listen to that and eithersay they're fine, let them go, or this should notbe di ss e mm a te a , we need to have a hearing aboutit.

MR. GA BL E: Your Hono r, the part that Idisagree with the State Att orn ey on m that rega rdis it s not up to the State At tor ney to deci dewhat should be reda cte d. If they feel like

somethi ng need s to be reda cted , they file a motionwith the Court and we have an argument about it,we have a hea rin g about it. The State Atto rneycould redact all kinds of th in gs .

THE COU RT: True.MR. GAB LE: And it s not up to the State

Attorney to do it so that's another issue, may beissue No. 5in the way this is worki ng. They need if they want to prote ct part of it -- and I'llsay, you know, personal phone calls are not publicrecords so it may be that a lot of the se arepers onal phon e ca ll s. But that need s to bebrought to Your Honor and it s not a decision forthe State Att orn ey to mak e.

THE COURT: Well, two thi ngs . One, I hearyou about what they think ought to be red act ed.


53/85

50123456789

10111213141516171819202122232425

MR. GABL E: Righ t.THE COUR T: And tha t' s, again, a little bit

of why - - and I don't -- you know, I came up yea rsago and judges didn't really interject them selve smuch.

MR. GABLE : Right. More passive role.THE COU RT: Exa ctl y. That was kind of the

way I was schoo led. I'm sure you're famili ar withthat.

MR. GABL E: Right.THE COU RT: But when you becom e a judge

nowadays, and I becam e one in 1992 , they , at theschool s and the classes you go to prior to tak ingthe bench, they suggest to you that you reallyneed to rethink th at, par tic ula rly in this day andage and you migh t need to take a little bit mo reactive role sometimes.

MR. GABLE : Right .THE COU RT: And I alwa ys struggle with that

bec aus e it kind of came up a few years ago . Butthis is one of those instances where, again, Ifeel like I need to int erj ect my self p erh aps and Ihear you. What the State thin ks ought to beredacted, that's their opi nio n. What Mr. Strollathinks ought to be reda cted is someth ing el se,


54/85

511 what I think might be yet anot her third opin ion .2 But inte rest ingl y, the State already redacted3 thing s out of those jail letter s which appa rent ly4 nobo dy has objec ted to.5 MR. GABL E: Right .6 THE COU RT: Even the me di a, from what I7 gather.8 MR. GABL E: Well, they don't call us on every9 issue.

10 THE COUR T: I unde rstan d. I under stand. But11 I guess whe n you got them you coul d have looked at12 it and said we mig ht like to know what was on that13 page.14 MR. GA BL E: I was thin king of one poss ible15 sol utio n for an obje ctiv e look at the let ter s, and16 I don't know if that reso urce is avai labl e to the17 Cou rt, but I know you have judi cial clerks here18 that when they are furni shed that perh aps some19 time could be spent by per hap s an obje ctive thir d20 part y rather than the State or the def ens e.21 THE COU RT: Rig ht.22 MR. GA BL E: As to what is a pers onal call or23 wheth er there's persona l infor matio n that needs to24 be reda cte d. We und ers tand the re's some things25 that need to be red acted , but we sugg est it's not


55/85

52123456789

10111213141516171819202122232425

up to the State or the defense to do it.THE COURT: Well, the othe r point that I was

going to speak to is persona l cal ls. I suspe ct,don't know, but I suspe ct a lot of them areprobably personal calls.

MR. GAB LE: Probably.THE CO URT : And if ther e's a cons cious

concess ion that any personal calls are not publi crecord, that may make things a lot easier.

MR. GABLE: Well, the re's a case that saysthat.

THE COU RT: I underst and. But, however --and that goes back to the di le mm a. You wouldindicate, y es, we agree they're not public record,but the State is not going to say we're not goingto nec ess ari ly use it at tr ia l. He might havebeen having a persona l co nver satio n with someother person and, lord knows what was said, thatthey want to use during the course of the trial.Well, now all of a sudden I sus pec t the media isgoing to say you're right, it's not public recordbeca use it was a pers onal call, but, wait aminute, now the State thinks it's got all thisevidentiary value, we do want it and we want todisseminate that information.


56/85

531 MR. GAB LE: Well, you're righ t. But I mean a2 per son al call to his wife to disc uss family3 matters.4 THE COU RT: Well --5 MR. GABL E: Unless you're Zimme rman.6 THE COU RT: One pro ble m is he's not mar rie d7 but I get the ex amp le .8 MR. GA BL E: My apologies. Your Honor.9 THE COUR T: Because then you're talking about

10 mayb e it would be pri vil ege d and even the State11 couldn 't use it, but I don't know that the y'r e --12 we have that situ ati on unle ss he's tal king to a13 clergyman.14 MR. GA BL E: We have n't seen the calls eithe r15 so we don't know. We und ers tan d there are16 probably trans cript s which makes it move a little17 faster, too.18 THE COU RT: I don't bel ieve there are any19 transcripts.20 MR. GAB LE : There are no tra nsc rip t?21 THE COU RT: We'v e talked about and we' ve22 decided a lot of thin gs for the Sta te. Why don't23 we let Ms . Corey tell us what she thi nks abou t24 some of those pub lic recor ds iss ues .25 MS . CORE Y: Well, Judg e, Chap ter 119 clearly


57/85

54123456789

10111213141516171819202122232425

mak es it our obl iga tio n to file doc umen ts withexemp tions to protect the defend ant's due proce ssright s and to prot ect the State' s case so wecompletel y disagr ee with Mr. Gable about that.But the Court just touched on the crux of theissue, what Florida's overall broad public r ecordslaw. We have a filte r called the rules ofevi den ce that you as the pres idi ng Judge must workvery hard to impose on every aspect of this case

to make sure only that w hich is allo wed by ourrules of evidence goes to a jury.

We furnish hund reds of docume nts in dis cove rythat are similar to what you just ment ion ed,person al calls . They may never be rele vant , theymay not have anything that are of an evidentiaryvalue, but we're required by law to turn thoseover to the defense and then we all sort throughit and then we pre sen t it with you pr es idi ng ,mak ing the dec isi ons a bout what a jury should andshould not hear.

For exa mpl e, somet hin g that is turne d over tothe defense that we may thin k is perfe ctl yadmissible as evidence, you may decide that thepreju dice outweighs the probat ive valu e. Thereare none of those decisions being made by the


58/85

55123456789

10111213141516171819202122232425

media. They 're putting every bit of it out ther ethat they think will grab their readers or theirlisteners and they're getting it all out there andit can't be erased, we can't erase the internetand it s time for our public records law tochange. The crimi nal jus tice system does notbelo ng in that arena .

For example, if this case were in federalcourt, you wouldn't even be hearing this argum ent .

If it wer e in 45 or mor e of the other 50 stat es ,you woul d never hear this for two rea son s. On e,they don't have the broad pub lic records l aw.They also don't require the State to turn all ofthis evid ence over to the de fe ns e. So if it'sconstitutionally protected in those arenas, itshould be in the State of Florida as well. If adefe ndan t facing similar cha rge s in federal co urtisn't subj ect to having eve ry shred of evi den cerele ased prio r to a full and fair due proc ess jurytrial, why should it happ en in state court .

And I think the intent of the public reco rdslaw to have gove rnmen t in the su nsh ine , this wasnever conte mplat ed, Judge. It was nevercontemplated by our legislators that we should betrying cases in the med ia be for e we can get them in


59/85

56123456789

10111213141516171819202122232425

front of a jury, which is theconstitutional trierof fact. Not the pe op le , not the blo gg er s, not theopi nio ns of the me dia , but a jury of thisdefendant s pe er s. And so this -- this issue goesmuch dee per and much broader than what's beenmentioned here.

But in any case, we do believe we have thestatutory obligation to redact documents beforethe y'r e rel ease d. We are allo wed to charge the

reque ster and we do that app ropr iate ly. Judge . Ihave creat ed a public re cor ds unit whic h has neverexisted in the State Atto rne y's Office becaus e thedemands have been volum inous and because thing s werebeing released before that should never have beenreleased and now Ms . Difra nza, our public recordsattorney and her staff work diligently to comply andthe law is a very clear on how it has to be , howthese requests must be handled and complied with andwe'v e done it exact ly as we' re r equir ed to do inthis case.

The re' s nothing that says I have to turn thi slaw over to Mr. Gable and let him decide or argue toyou what should or should not be reda cte d. And sowe' re goin g to stick with our met hod of dealin g thepubli c r ecords law, we beli eve we're handling it


60/85

57123456789

10111213141516171819202122232425

corr ectl y and alt houg h I do und ers tan d that thesecases e xi st , we would love to see a change in thelaw that would allow this court and other courts toget a hig h- pro fil e case to trial and the pro ble m isyou never know what's going to become high -p rofi le.It just depen ds on what one aspect of a case themedia decides to jump on and we have a right torepre sent the peo ple of the State of Florida and geta fair trial from us and this defendant certainly

has a right to a fair trial and we bel iev e thoseconstitutional rights outweigh any interest of themedia or the public.

THE COU RT: Mr. Str oll a, you want to sayanything?

MR. STROLLA: Yeah, Your Hono r, brief ly. Ifit may plea se the Co urt .

Judge, just in respons e I do agree withMs. Corey in the aspect of my client d eser ves thatfair trial and mor e spec ific ally the first case, thepetit ioner s have cited was the Morr is Communicationon page 3 sub 4, it talks about the Su pre me Courtsaying if the re' s absent a show ing of wide spre adadver se pub lic ity and I think from day one of thiscase, at least my client will hold the stance, and Ispeak for him, there's been nothing but adverse


61/85

58123456789

10111213141516171819202122232425

widesp read publi city regardin g specifica llyMr. Dunn. Through all of the televisi on inter vie ws,both locally, nati onal ly, the parade s that have goneon, the mar che s that hav e gone on, we found outthrough depo sition s that members of the family havebeen camping out at the gas station where thishapp ened for the vic tim . So there is wid es pre adadverse publicity because the localmedias arecover ing it as they 're c over ing it in every hea rin g

that we had. As a mat ter of fact, I never had ahearin g befo re in my 16- year career for a mo ti on forcosts with 20 came ras t here to review a mo ti on forcosts, but it has been in this case since day one.

The second part of that same paragraph. Judge,it talked about that there had not been sub sta nti alhostile pretria l publi city and specifi cally thisissue came up after the le tter s were rel ease d and Idon't think anybod y could have fo rese en, be it theState or mys el f, that these letters were goi ng to besubmitted on civil attor ney s' Twitter page s,Facebo ok pag es , spread out to the local and t hencomm enta ry given on thos e letters and such s pec ifi ccommentary to say, well, Mr. Dunn is trying to swaywitnesses and trying to lie and get other witnessesto lie.


62/85

59123456789

10111213141516171819202122232425

Nobody could have for eseen that adverse hostilepu bl ic it y, but it hap pen ed and that led Your Hon orto bri ng up the issue abou t the order where theState did not obj ect, we did not obje ct, and it wasonly specific ally after very widespr ead p ubli citywas evident at that last pretrial, and if I'm notmis tak en, I believe it was right directly beforethat pretrial date.

So we came here tr ying to speak about a fair

trial and both sides got bombarded about what werein these letters and then commentary that waswidespread both nationally and locally by mediaoutlets and attorneys in this jurisdiction who usedthos e letter s to their ad van tag e to crea te an evenbroader widespread hostile environment.

So I think -- and I und erst and their c laim , butthe way this case has led down this road, not by theState and not by the de fe ns e, it's been ev ery bod y onthe outs ide , the med ia and the other p lay ersinvo lved on the civil side that have crea ted a needfor this ord er, and that' s why I stand by the order.Judge.

THE COURT: Mr. Gab le .MR. GABLE : Yes , Your Hono r.I think the key thi ng that Ms . Corey said was


63/85

60123456789

10111213141516171819202122232425

the pub lic record s law needs to be changed but thefact is that what the public record law says, whenthe State turns over the documents to the defense,they becom e public record s. There needs to be abalance, as Your Honor has pointed out, betweenthe defen dan t's right to a fair trial and thepub lic reco rds law. And so I know that' s whatYour Hono r is trying to figure out . What I'msugg esti ng is that the judi cial ex cept ion you have

proposed may not be the right one.THE COUR T: Crea tive , thou gh, wasn't it?MR. GABL E: It was cre ativ e, right.Thank you. Your Honor.THE COU RT: Thank you.Well, I appreciate the argume nt, Mr. Gabl e,

and the comments and arguments from the attorneys.And maybe you're right, Ms. Corey, maybe thepub lic record s law does need to be chang ed. Thepro ble m is we've got to deal with the one thatwe've got and, you're right, you don't knowwhether a case is going to be a high-profile,highly publi cized case. Quite frankly the onlyway we thin k we know this one is, and I say we,I'm talk ing about the cour t, is the media has to ldus that.


64/85

61123456789

10111213141516171819202122232425

MS. CORE Y: Yes, sir.THE COURT: Interestingly enou gh. The word

that we get is that, you know, this is the nextbig thing. I'm hoping that it's not. I'm hop ingwe just try this case like we'd try any other.And mayb e that 's what' s going to hap pen . Theprob lem is it's the unk now n. We just don't knowif this is going to rise to the level of the nextbig thing or not.

So someth ing has to be don e, which is whatI'm tryi ng to do, and I intend to do som eth ing . Iwill consider what Mr. Gable has said and try andbalance ever ythi ng, but this -- it is a diffi cultbalancing equation to try and come up withsomething that works for ever ybody . And that' s myinten tion. And I do agree with Mr. Gabl e,appr ecia te you saying if it was me , you know, I'mgoing to get on it and I'm going to look at it andget back out and if it's some body els e, that maynot happ en as quickl y and I hear you about t hat .I don't -- I think the ju dici ary here in theFourth Judic ial Cir cui t, I don't think you'd everhave that prob lem .

I think that we've got fantasti c judg es herethat are very, very con scie nti ous, parti cula rly


65/85

62123456789

10111213141516171819202122232425

when it gets to something like this and they wouldspend all the time they need to to get thedeci sion back out as quic kly as poss ible soeve ryb ody that has a stak e in this can do whatthey need to do as far as their position, theirjob or their whatever.

So what I int end to do is I've read a lot ofthes e cas es, I'll co nti nue to read a coup le of theother s that may be I had n't read and dige st thes e

arg ume nts and then I'll get a writ ten order out . Itmight be the first of the week, but it will bequick.

MS. COREY: May I menti on one other thing,Judge?

THE COU RT: I won 't sit on it.Yes, ma'am.MS. COREY : You know , there' s a real and

tan gib le cost to havi ng all of this inf orm ati onout and that would be you having to declare achang e of venue and it is costly to the tax pa ye rs ,it is unfair to the liti gan ts and to the Court andto the court personnel and it's unfair to thepeople of Duval County for us not to be able tohold a fair and impa rti al trial right here in ourcou nty. And I've heard it said in court be fore by


66/85

63123456789

10111213141516171819202122232425

a lawyer represent ing the med ia, well, the worstthat coul d happe n is a chan ge of ven ue.

Well, that's not a good thin g, Judg e. Infact, we think it's the worst thing that couldhap pen so we beli eve we have a right to try th iscase in Duval County, according to the rules ofevidence, and the way this Court rules and webel iev e that the media should not be allow ed tointerfere with the constitutional rights of the

defen dant and the State.THE COURT : I appre ciate that. It's

int ere sti ng that you say it bec ause it's easy forsomebody to say, well, you can just change venueand that will solve the pro ble m. And what I havelearne d since I inhe rite d this case is that thebehi nd the scenes thi ngs t hat go on with a case ofthis magn itu de or what se ems to be one tha t'sgoing to be of this ma gni tud e, is absolut ely mindbog glin g. And I know Ms . Corey, you'veexpe rien ced it in other cases. I have not.

It s unbeli eva ble to me the amount of beh indthe scenes things the Court has to do just to getready and be prep ared for this and have to packthat up and move it somewhere else is -- issomethin g obvi ously I don't think anybody wants to


67/85

64123456789

10111213141516171819202122232425

happen. That talks -- that gets back to theadministration of justice and that is somethingthat I'm g oin g to try and ma ke sure we don't hav eto do. Not to menti on the cost of that and, youknow, then you're going to have all the citizensof Jac kso nvi lle and anyw here els e in the State ofFlorida say ing , you know, what are they doi ng, whyare they spending all this money on this case, whycan't they just try it whe re it should have be en

tried in the first pla ce. So ther e's a lot ofdynamics going on.

It's just an interest ing day in where we areas far as how things are repor ted and I agree thatthe dif fic ult thing is som eti mes thi ngs get outthere that are never going to beco me re levan t inthe tri al. They're never going to be prese nted toa jury. But -- and I'm not sugge sti ng that yourclient would do it. It's mor e the -- the -- may beit's TV or news talking p rog ram s wher e all of asudden ever ybo dy starts to offer their opini ons oftheir -- th eir take on what t his meant or what wassaid and what the ramifications are of that andhow that might play out and it just spins andspins and spins out of contro l to where it takeson a whole nother mean ing and that gets


68/85

65123456789

10111213141516171819202122232425

saturated.It just it's just the ripple effect of it,

I guess, is so different today than it ever was inthe pas t. In the pa st , you' re right , all you hadwas TV and the new spa pe r. Now I und ers tan d, nowthat I've got people working on this, some ofthese things we're having millions of hits, I'mnot sure what all that means, on some of thesewebsites across the country about this, which,

again, you know, just kind of con foun ds me . Imean it's Jack sonv ille , just a regular town . Youknow, I don't under stand it . But for whateve rreason, it's garn ere d inter est . So it just mak esmy job a little bit more dif ficu lt in tryi ng tofashion so meth ing tha t's going to be -- tha t'sgoing to take into consideration everybody.

MR. GABL E: Righ t.THE COU RT: Whic h is what I'm trying to do.MR. GABL E: Sure. Your Honor , we appre ciat e

that. I'd like to say, first of al l, I'm not oneof the lawyers for the med ia who has ever said,well, we could just change the venue.

THE COUR T: Righ t.MR. GAB LE: In fact , the law is that yo u're

supposed to try to do everything you can short of


69/85

66123456789

10111213141516171819202122232425

chan ging ven ue. It's not conv enien t for the med iato go to Sanford or wherever it migh t betrans ferre d to, but I'd like to say it seems likethere's been quite abit of nega tive com ment aboutthe high-profile nature of this case and others.

What I think y ou'l l find and the SupremeCourt of the United States has said this often,that it s important -- pretri al proc eedin gs areimpo rtan t to be repo rted b ecau se so many cas es end

upwith a plea agr eeme nt and there is no trial.So it s very impo rtant for the pub lic to knowwhat's going on in a case before it would go totrial. And the ben efi t of that is the cred ibil ityit gives to the judici al system so that the pe op lein the community can see how well it is beinghandled.

I had -- I repre sent ed the media in theelection of President George W. Bush wherein therewere cameras m all the cour tro oms , people fromaround the world were seeing what was going on mthe State of Florida cour ts and I was m federalcourt m Miami before Judge Middlebrooks and therewere no cameras allowed m the courtroom mfederal court and Isaid to Judge Middlebrooks,you know, it s ironic for the election of the U.S.


70/85

67123456789

10111213141516171819202122232425

Presi dent that the media c an't -- there aren'tenough seats for all the media, much less thepublic to be here, that the election of the U.S.President you can't be there or know what'shappening in the U.S. court and he agreed, butthat 's the rule of the Sup reme Co urt . We have itwond erfu lly done in Flori da, the balancing thatgoes on and we know that Your Honor will handle itthe right way.

THE COURT: Well, last c omme nt I guess is theint ere sti ng thing about that chang e of venue ispeople, you know, talked about some of thesecases. The probl em is you' re not going to everknow whe the r you have to chan ge venue until you 'vemade the at tempt to pick the jury here in thefirst pl ac e. So we're going to go throug h thatexercise. I'm -- I beli eve we 'll be able to get ajury he re . But on the flip side of that you mayspend days, a wee k, who kn ows how long, trying toand it's not until five, six, seven days into ajury selection process that you say you know what,we' re not going to be able to ever get a juryhere. Now we've got to pack eve ryb ody up and gosomeplace else.

So it's interesting in reading these cases


71/85

68123456789

10111213141516171819202122232425

bec aus e I get the feel that s omet imes it's lost onhow pro ce dur all y you get to wher e you are , thatit's easy to say, well, you kn ow, mayb e you canhave a chan ge of ven ue, but , you know, peo pleforget what you have to go through before you everrealize that that's what you have to do and let'snot even talk about the funds to be expended hereand then expended again wherever else it is you'regoing to go.

It's just -- again , it's just a new day and anew age . But we'll get some thi ng out to you thathopefully will well, maybe it won't m akeeve ryb ody happy . Maybe that will mean I didpret ty muc h the right thi ng. I don't know. Atleast that's what my dad used to say. So we'l lsee.

We need to get ano the r I'll get this out toyou by mai l prior to the next pretr ial dat e. Butfor the attorneys and med ia, who ever , our nextpret rial date will be Novem ber the 21st, which istwo week s from today. I think that was the day wehad disc usse d. Correct?

MR. STROLLA: Yes , Your Honor .THE CO UR T: Is that still good with

everybody?


72/85

69123456789

10111213141516171819202122232425

MR. GUY : It is .MS. COREY : Yes , sir.THE COU RT: So Nov emb er 21 , 9:00 o'clock.

We'll still be here, I beli eve, in Courtroom 303.MS. COREY : Thank you. Your Honor.THE COU RT: All righ t. Thank you all very

much for your ti me . I appr ecia te it. It was niceseeing you all.

THE COUR T: Mr. Gabl e, I forgot . You hadasked to be able to see document 51.

MR. GAB LE: Oh, yes. Your Hon or. Iunderstand there was --

THE COU RT : It was a mo tio n. I'll releasethat.

MR. GABL E: Okay.THE COU RT : So you can see it. I didn' t know

it was even --MR. GABL E: Yeah.THE COU RT: Let me make sure nobo dy has a

problem with that.Mr. Strolla.MR. STROLLA: Yes , Your Hono r.THE COU RT: Come here real quic k. We can be

on the r ecord .Ms.Corey.


73/85

701 MS . CORE Y: Yes , sir.2 THE COU RT: I forgot Mr. Gable want ed to see3 docu ment 51, which is -- hold on.4 MR. GAB LE : It was filed --5 THE COUR T: Mr. Strol la's motion to dete rmin e6 confidentiality of court r ecord s and mot ion for7 prote ctive order sealing certain court records and8 limiting the discl osure of discover y ma te ri al s.9 This was filed a long time ago .

10 MR. GAB LE: Oh, we'v e seen that one . Is that11 the one Judge Bass ent ere d an orde r on?12 THE COU RT: Ye s.13 MR. GAB LE: That 's it.14 THE COU RT: You' ve seen that then?15 MR. GAB LE: I don' t know if we've seen the16 mo ti on , but we saw the ord er. If we could see the17 motion.18 THE COU RT: Sure . I got word from the cle rk19 that you wanted to see docu men t 51 and tha t's what20 that is .21 MR. GA BLE : We just had heard there was a22 motion filed under seal and we just wanted to know23 what it was.24 THE COU RT: That' s what -- I assume that 's25 what it is.


74/85

711 MR. GA BLE : So if we could have a copy, that2 woul d be gre at.3 THE COU RT: Sure . I'll have the clerk4 rele ase that to you.5 MR. STROLLA: That's fine.6 MR. GAB LE: Thank you, Your Hono r.7 THE COU RT: That did n't need to be seal ed.8 Might have been inad vert ent.9 MR. STROL LA: I don' t reca ll filing it unde r

10 seal either.11 THE COUR T: It was prob ably inad vert ent.12 I'll get that to you .13 MR. GA BLE : Thank you. Judge.14 (Thus the proce edin gs ended. )1516171819202122232425


75/85

72C E R T I F I C A T E

2 STATE OF FLORID A3 COUNT Y OF DUVAL

5 I, Faye M. Gay, CRR, RMR, RPR, CLVS, certify6 that I was aut hor ize d to and did stenographically report7 the foregoing proc eedi ngs and that the transcrip t is a8 true and comple te reco rd of my steno graph ic n ote s.9 DATED this ^f^clay of [Jj ,2013.

101112131415161718192021

A^h_^FA Y E M\ G A Y CRR RltfR R P R C L V S

22232425


76/85

$6,000 [1]-48 18

' no t he r [ i -64 25

110[2] -15 7, 15 810:0011]-15 1410th[1] -5 111 [2]-4 20, 32 91 1 9 [ i ] - 5 3 2 5119.011 [1]-2 9 111199 [ i ] -46 31 3 [ i ] - 6 916-year [ i ] -58 11180 [4]- 9 8, 22 6,

47 17, 47 191992[1] -50 12

2[ i ] - 3 7 2120 [ 2 i -38 18, 58 12200111-20 112006 [11-46 42 0 1[1] - 1 242012(11-1 132 0 1 2 - C F - 1 1 5 7 2 [ i ] -

32 32012-CF -11572-

AXXX-MA[1] -1 32 0 1 3 [ i i - 7 2 92 0 t h [ i ] - 6 921 [ i ] -69 32102 [ i i -38 1921st [2 ] -32 16 , 68 2022nd [1]-32 1624th [11-36 2 4250[11-16 182 7 t h [ i ] - 6 102d [21 - 3 7 16 , 46 3

3re 29 12 33 1238 7 44 12 57 21

303i3]-5 13 31 1269 4

305[4]-5 14 5 246 2 6 11

306[i]-33 832202(11-1 243rd [5]-4 25 5 1 5 2

14 13 33 7

4(31-14 19 37 457 21

40[11-23 13400[2]-16 24 17 1406 [3]-5 6 33 11

33 1445[11-55 10

5 [2]-29 12 49 1750ii]-55 10500ii]-16 15505[i i -5 2 551[4i-10 16 69 10

70 3 70 19

60 0 [11-27 3600,000 [1]-40 7671 [1]-37 16

7(11-1 13700 [1]-27 4725 [ i i -27 5

8844(11-37 16

90(11-29 1904-358-2090 [1]

1 25933(11-46 39:00 P I - 69 3

able [16]-4 11, 8 9,10 14, 13 9, 13 23,13 25,26 22,30 15,30 21 , 34 1 5 , 34 23 ,4 7 2 1 , 6 2 23,67 17,6722,69 10absen t [ i ] -57 22

abso lute ly [3] - 21 8,46 11 , 63 18

acceptable [1 ]- 35 8acces s [5] -1 3 4 ,

1 3 1 0 , 1 8 5 , 3 3 2 1 ,38 13

according [1] - 63 6accusations (1]-

25 20accused [1 ] - 37 20ac tiv e [1 ] - 50 17Adams [1] - 1 24a d d [ i ] - 4 6 12addit ion [ i ] - 28 16address [1] -12 2addr esse s [1] -11 18administration [3i-

3 8 1 2 , 4 3 1 2 , 6 4 2admissible [1] - 54 23admi ssi ons [2]-

24 23, 25 1advanc e [1]-23 15advantage [11 - 59 14adverse [4] - 57 23,

57 25, 58 8, 59 1advi sed [11-34 23age [2]-50 16 , 68 11ago [5]-12 9, 23 1,

50 4, 50 20, 70 9agree [9] -1 9 17,

36 20 40 23 42 2446 10, 52 14, 57 17,61 16 64 13

agreed [i] - 67 5agreement [1] - 66 10ahe ad [4] - 29 3,

32 22 36 21 40 15allow[3]-31 2 35 3

57 3allowed [7] - 7 16,

24 18, 35 18,54 10,56 9, 63 8, 66 23

allowing [1]- 30 12all ows [1] - 10 1almost [1] - 39 8ama zin g [2]- 5 18,

19 14amount [2]-16 7,

63 21ample [2]- 41 15,

42 18A N D [11-1 2ANGELA [11-22ann oun ce [1] - 32 22announc ement [ i] -

17 22answer [2] - 2 1 1 ,

30 22answ ers [1] -10 3ant icipated [1]-13 22any tim e [1] - 7 25anyway [7] - 5 20,

14 22 17 13 19 122 1 7 , 2 5 24,26 7

apologies [21 - 31 20,53 8

apologize [1] - 7 18APPEARANCES m -

2 1appe arin g [1] - 2 10Appearing [2] - 2 3,

2 6appellate pj - 37 22,

43 25appendix [1 ] - 38 20apply [11-27 19applying [1]-48 19appr ecia te [5]- 6 0 15,

61 17 63 11 6 5 1969 7

appropriately [ i ] -56 10

arena [1 ]- 55 7arenas [11 - 55 15argue p i -10 10,

56 22argued [2]-13 6 ,

1 3 1 5argument p i -15 16,

24 14 , 24 16 , 45 15 ,49 1 1, 55 9, 60 15

arguments [2] - 60 16,62 10

articles [ i i - 39 3aside [1] -15 4aspect [3] - 54 9, 57 6,

57 18Assistant [1]- 2 6assume [1 ]- 70 24assu ming [2] -13 3,

26 8attachedp i - 38 19,

38 20,47 13attachments [1 ] -46 16at tempt [ i ] -67 15attention [2] -1 3 20,

25 5Attorney [6] - 2 2,

49 7 49 8 49 1249 16 , 49 23

attorn ey [5] -11 3,14 17 44 15 44 1656 16

Attorney's [1 ] - 5 6 12a t t o r n e y - c l i e n t p i -

44 15, 44 16Attorneys [11 - 2 6atto rne ys [4]- 4 3 16,

59 13, 60 16, 68 19a t t o r n e y s '[ i] - 58 20audio [i] - 37 8authorized [1 ] - 72 6availa ble [2] -11 9,

51 16aware [i] -1 4 16

Bbacking [1]-27 2 0b a d[ i] - 42 11BAILIFFm - 3 1 24balance [2] - 60 5,

61 13balancing [2 ]- 61 14,

67 7B a p t i s t m - 3 7 2 0B a r p i - 1 3 23 26 4barnp] - 42 9base d [3] -1 2 15,

14 4 , 37 5Bass [3]-11 22, 12 9,

70 11bat ch [1] - 27 9battle [11-6 22became [ i j - 50 12become [8]- 7 13,

13 14 43 17 44 2450 11 57 5 60464 15

becomes pi - 4 23,35 5

b e e f m - 1 6 25begin [2]-28 15,

31 19begi nnin g [1] -1 7 2 2behal

140107041959_transcript From Dunn_public Records Motion

Documents