I am first going to say that I don't know exactly what I can and cannot post. Most of the paperwork has the minor children's names somewhere in it. So I must be careful. I am, however, going to give some initials for some people. I think that will make it easier to read. In this blog, I am going to quote some of the original trial transcript as to possibly answer some questions about our attorney. Ok here we go.
Before the trial ever started, the attorney's only went into the judge's chambers. Still don't know exactly what was said. Our attorney told us it was about motions. The judge was about to begin and a member of the other side was causing some issues. It had to do with my nephew, my brother's oldest son, I'm gonna call him AW. His STEP-GRANDDAD was causing the issue. You have to understand that at this time AW had not seen or talked to his dad in over a year. He was very bitter. But the step-grandad wanted to be present in the courtroom while AW testified. And only him. He finally got his way and was allowed to do just that. For 'moral' support they said. And after AW testified, the step-grandad spent the rest of the day at the trial sitting right outside the courtroom with one of the jurors husband. They obviously were friends.
Judge said Motion in Limine. Gregor first motion related to step-grandad being in the courtroom and that had already been decided on. So we move on. Gregor then moved for preliminary ruling at this point in time regarding the Rape Shield Statute. (which I will from here on out refer to as, RSS) Official Code of Georgia Annotated Section 24-2-3. Mr. Gregor then referred to one of our witnesses. Pg. 13 line 19 of transcript. I quote "she indicated to us that would lend itself to her testimony might involve claims that our victim engaged in some sort of sexual behavior with another child. (the other child was AW) Now, the RSS absolutely prohibits that sort of evidence coming in." Gregor then says " I always put this into play in these cases but it is up to the court in limine." I am now going to type this as it appears in transcript. Starting at the next paragraph. Next was the judge.
THE COURT: It requires notice and a hearing doesn't it?
MR GREGOR: It does Your Honor, The hearing to pierce the RSS And there's no notice in this particular case.
THE COURT: All right. Mr Levitt? (our atty)
MR LEVITT: Judge the only thing is my client is charged with in Georgia is 4 counts that supposedly happened on the interstate that only he and the accuser (gonna call him JH) were party to. I'm not aware of any RSS issue with regards to those. I think in looking over Georgia law I don't know collateral items he's going to go into. For instance, he may try to claim that stuff happened in Alabama in a shower and I thing both JH and AW were present. I don't know what-again, I don't know what his proof is and I understand the RSS but I guess it sort of depends on I don't know what the Court is going to let in or not let in.
THE COURT: Well, if he hasn't filed any similar transaction notice I don't imagine he's going to be talking about anything in Alabama. Would I not be correct Mr. Gregor?
MR GREGOR: Well, Your Honor, we do intend on talking about Alabama because it relates specifically to this victim.
THE COURT: You're talking about incidents that occurred in Alabama between this defendant and JH?
MR GREGOR: Yes, Your Honor
MR LEVITT: Judge, I don't know what proof this is that they think-there's only, as far as I know, my client and JH were in the vehicle in Dade County, that's all I know.
THE COURT: Well-
MR LEVITT: And again, that's my problem is I don't know where, you know, I don't know what kind of proof they're going to try to get in so I don't know how to respond without knowing what they're going to try to get in.
THE COURT: Well, let's- we're getting ahead of ourselves. First, talking about the RSS. It does not appear to be- you're stating that you don't- there's been no notice of any evidence that would be admissible by the defense?
MR GREGOR: There has not. And in informal discussions with Mr. Levitt I haven't gotten that indication. However, our investigator talked to one witness on Mr. Levitt's and the defendant's witness list who gave that indication to us that she expected, and quite frankly to our investigator she even said, well, that's about enough, I've talked about that enough, I'll just have my say on the stand. What I was concerned about is during that conversation with this particular witness she raised these issues that JH, our victim, has been engaged or she believes might have been engaged in some sort of sexual contact with another child and that's what I'm talking about the rape shield protecting my victim from any allegations that he somehow is engaged in sexual activity with someone else. (JH the victim is 16 at this point).
THE COURT: All right. Do you have a written motion on this motion in limine?
MR GREGOR: No, Your Honor.
THE COURT: All right. Absent a written notice your intent to cross the rape shield law nothing will be admitted. And I suggest you talk to witnesses very carefully because I'm not going to tolerate them interjecting something into this trial anymore than I'm going to tolerate 'step-granddad's bad behavior that is not legally admissible in the trial. So I would suggest that everyone after opening statement bone up on the rape shield law, make sure in Georgia that you know exactly what I'm saying.
MR LEVITT: Judge, if they could just tell me what it is- I think he may be confusing some witnesses is what I'm saying.
THE COURT: I don't want to pre-try this case, I just want to try it.
More of the transcript tomorrow!!!!