WEBVTT

1
00:00:00.160 --> 00:00:03.040
<v Speaker 1>What's up everyone, and welcome back to the program. In

2
00:00:03.040 --> 00:00:04.879
<v Speaker 1>this episode, we're going to pick up where we left

3
00:00:04.919 --> 00:00:09.560
<v Speaker 1>off with the IgG transcript hearing that was unsealed. Once again,

4
00:00:09.839 --> 00:00:12.800
<v Speaker 1>we have Laya Larkin on the stand, but this time

5
00:00:13.119 --> 00:00:16.920
<v Speaker 1>mister Ni the prosecutor is going to be cross examining. Question.

6
00:00:17.199 --> 00:00:21.519
<v Speaker 1>Good afternoon, doctor Larkin. Answer, good afternoon. Question. So you

7
00:00:21.640 --> 00:00:24.160
<v Speaker 1>testify that when people come to you wanting to do

8
00:00:24.239 --> 00:00:28.519
<v Speaker 1>genealogy tests, you recommend Ancestry DNA and twenty three and meters.

9
00:00:28.719 --> 00:00:32.159
<v Speaker 1>Is that correct answer? Yes? Question? And one of the

10
00:00:32.200 --> 00:00:34.439
<v Speaker 1>reasons you recommend those two is because they have the

11
00:00:34.439 --> 00:00:38.960
<v Speaker 1>most users in the database. Is that correct answer? Yes, question?

12
00:00:39.280 --> 00:00:41.880
<v Speaker 1>And the reason why that's important is because when you're

13
00:00:41.920 --> 00:00:45.200
<v Speaker 1>looking for Ancestry, really the best database for you is

14
00:00:45.280 --> 00:00:50.759
<v Speaker 1>the one that has the closest relatives in it. Right answer, yes, question,

15
00:00:51.479 --> 00:00:54.159
<v Speaker 1>But you can't know that until you use the database,

16
00:00:54.359 --> 00:00:57.240
<v Speaker 1>so you just use the one with the most users. Answer.

17
00:00:57.520 --> 00:01:00.200
<v Speaker 1>There are two reasons to start with those two companies.

18
00:01:00.320 --> 00:01:03.320
<v Speaker 1>One is because they have the largest two databases, and

19
00:01:03.359 --> 00:01:06.480
<v Speaker 1>then because you cannot upload into those databases, you have

20
00:01:06.560 --> 00:01:09.760
<v Speaker 1>to test with them. You can test at Ancestry and

21
00:01:09.799 --> 00:01:12.760
<v Speaker 1>then get into my heritage and my family Tree DNA

22
00:01:13.079 --> 00:01:16.680
<v Speaker 1>and gd match databases for trivial amounts of money, Whereas

23
00:01:16.719 --> 00:01:20.319
<v Speaker 1>if you're tested at family Tree DNA first, the only

24
00:01:20.400 --> 00:01:23.519
<v Speaker 1>way you're going to get into the ancestry database is

25
00:01:23.560 --> 00:01:26.680
<v Speaker 1>by doing another test. So I always recommend starting with

26
00:01:26.719 --> 00:01:29.319
<v Speaker 1>the biggest and then if you want more databases, you

27
00:01:29.359 --> 00:01:33.280
<v Speaker 1>can upload into the smaller ones. Question and one of

28
00:01:33.280 --> 00:01:35.879
<v Speaker 1>the reasons you might want more databases is so you

29
00:01:35.879 --> 00:01:39.640
<v Speaker 1>can get more matches. Right answer, yes, question. You can

30
00:01:39.719 --> 00:01:43.400
<v Speaker 1>gather more information that way. Answer uh huh. Question. And

31
00:01:43.480 --> 00:01:46.519
<v Speaker 1>typically that's why people are coming and asking you about

32
00:01:46.519 --> 00:01:50.000
<v Speaker 1>these databases is because they want more information about their family.

33
00:01:50.480 --> 00:01:53.840
<v Speaker 1>Correct answer. People generally come to me because they need

34
00:01:53.879 --> 00:01:57.719
<v Speaker 1>help interpreting the matches that they have. Question. I want

35
00:01:57.719 --> 00:01:59.799
<v Speaker 1>to talk a little bit about the number of users

36
00:02:00.120 --> 00:02:03.480
<v Speaker 1>these databases. So we've been discussing the ones that were

37
00:02:03.480 --> 00:02:06.359
<v Speaker 1>on that list you read from the document the FBI

38
00:02:06.480 --> 00:02:09.439
<v Speaker 1>indicated that they used in this case. Do you remember

39
00:02:09.479 --> 00:02:12.080
<v Speaker 1>that list on that list? Do you remember which of

40
00:02:12.080 --> 00:02:16.039
<v Speaker 1>those databases has the fewest number of users? Answer? I

41
00:02:16.120 --> 00:02:19.199
<v Speaker 1>believe Family Tree DNA is currently at about one point

42
00:02:19.240 --> 00:02:22.520
<v Speaker 1>eight million. It's not an exact number, but I think

43
00:02:22.560 --> 00:02:26.120
<v Speaker 1>that's probably about where they are right now. Ged matches,

44
00:02:26.199 --> 00:02:28.919
<v Speaker 1>I think a little over two million, and my Heritage

45
00:02:28.919 --> 00:02:32.479
<v Speaker 1>recently announced they were at nine million. Question and when

46
00:02:32.479 --> 00:02:34.840
<v Speaker 1>you say one point eight million, you mean one point

47
00:02:34.840 --> 00:02:38.080
<v Speaker 1>eight million other people that have utilized their services and

48
00:02:38.120 --> 00:02:42.120
<v Speaker 1>that you potentially could match with if you utilize that service. Answer? Yes,

49
00:02:42.719 --> 00:02:45.639
<v Speaker 1>question is that correct? I have a couple of questions

50
00:02:45.639 --> 00:02:49.199
<v Speaker 1>for you on this. Promothees. You mentioned it costs money

51
00:02:49.280 --> 00:02:52.680
<v Speaker 1>twelve dollars, I believe you said. Answer, I think it's

52
00:02:52.680 --> 00:02:56.560
<v Speaker 1>twelve dollars. Question Why would someone utilize that instead of

53
00:02:56.599 --> 00:03:00.960
<v Speaker 1>just reading their SNP profiles themselves. Answer? The SNP profile

54
00:03:01.039 --> 00:03:03.840
<v Speaker 1>is basically just a list of there's a location code,

55
00:03:04.080 --> 00:03:06.800
<v Speaker 1>but it's going to be something like RS two three

56
00:03:06.919 --> 00:03:10.080
<v Speaker 1>seven four four. And you're not going to know that RS.

57
00:03:10.360 --> 00:03:12.280
<v Speaker 1>I don't even know what number. I just made that

58
00:03:12.400 --> 00:03:15.199
<v Speaker 1>number up. You're not going to know what the SNP is.

59
00:03:15.439 --> 00:03:17.879
<v Speaker 1>You're not going to know what gene it's a part of.

60
00:03:18.159 --> 00:03:20.199
<v Speaker 1>You're not going to know whether an A or T

61
00:03:20.439 --> 00:03:25.120
<v Speaker 1>is good or bad. Promotheaes takes the data files and

62
00:03:25.280 --> 00:03:29.680
<v Speaker 1>references published literature on what those SNPs might impact in

63
00:03:29.759 --> 00:03:33.439
<v Speaker 1>terms of traits and then produces a report from that question.

64
00:03:33.560 --> 00:03:36.520
<v Speaker 1>So even you, for example, if you wanted to know

65
00:03:36.560 --> 00:03:39.719
<v Speaker 1>your medical information and you had your own SNP profile,

66
00:03:40.000 --> 00:03:42.039
<v Speaker 1>you wouldn't just attempt to read it. You would use

67
00:03:42.080 --> 00:03:46.680
<v Speaker 1>a service like PROMTHEUS answer. Yes, mister n I, no

68
00:03:46.759 --> 00:03:50.680
<v Speaker 1>further questions the Court, Thank you, redirect, Miss Taylor, No,

69
00:03:50.759 --> 00:03:53.159
<v Speaker 1>your honor, thank you, the Court. Thank you. Doctor you

70
00:03:53.199 --> 00:03:57.319
<v Speaker 1>can step down. Is that the state's last witness on

71
00:03:57.360 --> 00:04:01.759
<v Speaker 1>this issue, Miss Taylor? Defense, Yes, you're the court. Pardon me, defense.

72
00:04:02.080 --> 00:04:04.039
<v Speaker 1>I'm used to the state going first on these things.

73
00:04:04.080 --> 00:04:08.599
<v Speaker 1>I apologize. Does the state have witnesses? Mister Nye, your honor, No,

74
00:04:09.240 --> 00:04:12.960
<v Speaker 1>We're not going to call doctor Middleman the court. I'm

75
00:04:13.000 --> 00:04:15.719
<v Speaker 1>trying to recall what I said about arguments on this issue,

76
00:04:15.800 --> 00:04:17.759
<v Speaker 1>whether I said we could do this publicly or not.

77
00:04:18.279 --> 00:04:21.160
<v Speaker 1>I want the party's input on that as we make

78
00:04:21.199 --> 00:04:23.879
<v Speaker 1>the decision whether we can argue the Franks and suppression

79
00:04:23.920 --> 00:04:27.360
<v Speaker 1>issue on IgG publicly. I know your position is we should,

80
00:04:27.600 --> 00:04:30.199
<v Speaker 1>But in light of my ruling, can you, Miss Taylor,

81
00:04:30.240 --> 00:04:32.439
<v Speaker 1>your honor, I'm going to refer to what the FBI

82
00:04:32.519 --> 00:04:34.759
<v Speaker 1>didn't here. I'm going to refer to the Department of

83
00:04:34.920 --> 00:04:38.639
<v Speaker 1>Justice interim policy. I can probably not name the four

84
00:04:38.680 --> 00:04:41.639
<v Speaker 1>brothers that the State lab tested the court, Okay, can

85
00:04:41.720 --> 00:04:45.040
<v Speaker 1>we avoid talking about the fact of the four brothers understanding.

86
00:04:45.240 --> 00:04:48.759
<v Speaker 1>I understand that there's but I'm not gathering the import

87
00:04:48.800 --> 00:04:50.920
<v Speaker 1>of it on the issues at HAD. I think you

88
00:04:50.959 --> 00:04:54.279
<v Speaker 1>could reference that there was some information that was itself

89
00:04:54.319 --> 00:04:57.839
<v Speaker 1>insufficient to generate a profile. And I know what you're

90
00:04:57.839 --> 00:05:00.680
<v Speaker 1>talking about, Miss Taylor. I'm trying to think of how

91
00:05:00.720 --> 00:05:03.120
<v Speaker 1>I could do it. I want to make sure I've

92
00:05:03.399 --> 00:05:05.480
<v Speaker 1>made a really good record here. The record is very

93
00:05:05.480 --> 00:05:08.800
<v Speaker 1>important the court, of course, Miss Taylor. I think I

94
00:05:08.839 --> 00:05:12.519
<v Speaker 1>can talk about Authrum's recommendation that were attempted to be

95
00:05:12.560 --> 00:05:14.839
<v Speaker 1>followed but nothing worked. I think I can do that,

96
00:05:15.240 --> 00:05:17.800
<v Speaker 1>maybe after hearing the evidence. If there's a ground the

97
00:05:17.879 --> 00:05:20.519
<v Speaker 1>court really wants me to stay away from, other than

98
00:05:20.560 --> 00:05:23.879
<v Speaker 1>saying the four brothers, maybe that would be helpful to know.

99
00:05:24.439 --> 00:05:26.519
<v Speaker 1>I'll do my best, your honor, but I really want

100
00:05:26.519 --> 00:05:29.800
<v Speaker 1>to make a good record for mister Coleberger, the court counsel,

101
00:05:30.120 --> 00:05:33.040
<v Speaker 1>mister n I, your honor. I think we can probably

102
00:05:33.079 --> 00:05:36.600
<v Speaker 1>do the argument publicly. I don't need to reference the brothers.

103
00:05:36.800 --> 00:05:39.040
<v Speaker 1>I don't need to reference any of the specific names.

104
00:05:39.399 --> 00:05:42.040
<v Speaker 1>As I explained earlier, and as the Court has seen,

105
00:05:42.600 --> 00:05:44.839
<v Speaker 1>we didn't put on evidence one way or the other

106
00:05:45.199 --> 00:05:47.839
<v Speaker 1>as to whether the policy was followed, for example, So

107
00:05:47.959 --> 00:05:51.279
<v Speaker 1>that part of the argument is even assuming from our perspective,

108
00:05:51.319 --> 00:05:54.920
<v Speaker 1>I think we can probably do the argument publicly the court.

109
00:05:55.199 --> 00:05:57.560
<v Speaker 1>I thought I made it clear. What I've tried to

110
00:05:57.600 --> 00:06:00.560
<v Speaker 1>do is open up the evidence, whether for this or

111
00:06:00.600 --> 00:06:02.959
<v Speaker 1>against the state in this case, that potentially is not

112
00:06:03.040 --> 00:06:06.879
<v Speaker 1>coming into trial that could influence potential jurors. I didn't

113
00:06:06.879 --> 00:06:08.920
<v Speaker 1>hear a lot of that today. I think the fact

114
00:06:09.000 --> 00:06:12.839
<v Speaker 1>that there was investigative genealogy done in this case is

115
00:06:12.879 --> 00:06:16.120
<v Speaker 1>not necessarily a secret, given that we publicly talked about that,

116
00:06:16.399 --> 00:06:18.800
<v Speaker 1>and that we're going to talk about that. I think

117
00:06:18.839 --> 00:06:21.759
<v Speaker 1>the more specific things about what happened within that, it's

118
00:06:21.800 --> 00:06:23.920
<v Speaker 1>best if we kind of refer to that more generally

119
00:06:23.959 --> 00:06:27.920
<v Speaker 1>in terms of like the four brothers and whatnot. I think, frankly,

120
00:06:28.000 --> 00:06:31.399
<v Speaker 1>it's appropriate to discuss how law enforcement handled the profiles

121
00:06:31.439 --> 00:06:34.920
<v Speaker 1>that they received. I think it's appropriate to talk about

122
00:06:34.959 --> 00:06:37.879
<v Speaker 1>whether or not those profiles, what privacy is that issue

123
00:06:37.920 --> 00:06:41.040
<v Speaker 1>in those profiles. I think obviously the state is going

124
00:06:41.040 --> 00:06:44.680
<v Speaker 1>to talk about standing and other issues and your client

125
00:06:44.759 --> 00:06:47.759
<v Speaker 1>specific privacy rights with respect to this. So I think

126
00:06:47.800 --> 00:06:51.600
<v Speaker 1>that's appropriate. I think we're generally okay staying away from

127
00:06:51.600 --> 00:06:54.600
<v Speaker 1>some of the specifics that I'm not sure that ultimately

128
00:06:54.639 --> 00:06:57.759
<v Speaker 1>would be admissible at trial. Even if I were to say, well,

129
00:06:57.800 --> 00:07:01.360
<v Speaker 1>admissible at trial, the whole IgG issue, I'm not sure

130
00:07:01.439 --> 00:07:04.319
<v Speaker 1>that's going to be admissible at trial. I suspect the

131
00:07:04.360 --> 00:07:07.279
<v Speaker 1>search the trash pull is going to be admissible at trial,

132
00:07:07.639 --> 00:07:12.000
<v Speaker 1>and that genetic genealogy match allegedly to mister Colberger's father

133
00:07:12.040 --> 00:07:14.360
<v Speaker 1>as I understand it, and the lack of an attempt

134
00:07:14.360 --> 00:07:17.279
<v Speaker 1>to figure out I think what I'm understanding, at least

135
00:07:17.279 --> 00:07:20.240
<v Speaker 1>from the testimony, the attempt to figure out the mixed profile.

136
00:07:20.480 --> 00:07:23.959
<v Speaker 1>So I think that's all fine. The preference is staying

137
00:07:23.959 --> 00:07:27.600
<v Speaker 1>away from the specifics as to what genealogy search has showed.

138
00:07:27.639 --> 00:07:30.800
<v Speaker 1>More specifically that we talked about the brothers and the

139
00:07:30.879 --> 00:07:34.680
<v Speaker 1>names of individuals who testified too. If that makes sense,

140
00:07:34.920 --> 00:07:37.720
<v Speaker 1>Miss Taylor, it does. We had an affidavit attached to

141
00:07:37.759 --> 00:07:39.720
<v Speaker 1>the back I think of our reply briefing on the

142
00:07:39.720 --> 00:07:42.079
<v Speaker 1>suppression issue. I want to make sure the court looks

143
00:07:42.120 --> 00:07:45.800
<v Speaker 1>at that. That's admitted as evidence, and I probably don't

144
00:07:45.839 --> 00:07:49.040
<v Speaker 1>want to refer to that publicly. Would you like my copy?

145
00:07:49.480 --> 00:07:52.360
<v Speaker 1>The court? What was the date of that filing, Miss Taylor?

146
00:07:52.399 --> 00:07:55.000
<v Speaker 1>It should have been the nineteenth of December? The Court?

147
00:07:55.560 --> 00:07:57.920
<v Speaker 1>What was the name of the document? Replied to objection

148
00:07:58.040 --> 00:08:01.120
<v Speaker 1>to Miss Taylor? This was the reply to the state's

149
00:08:01.120 --> 00:08:05.040
<v Speaker 1>objection to the motion to suppress IgG material. The Court.

150
00:08:05.319 --> 00:08:07.639
<v Speaker 1>It's not showing on the nineteenth. Oh, here we go,

151
00:08:07.839 --> 00:08:10.040
<v Speaker 1>it was on the twentieth. What is it you want

152
00:08:10.040 --> 00:08:12.879
<v Speaker 1>a reference in the argument with respect to this, Avid David,

153
00:08:13.199 --> 00:08:15.560
<v Speaker 1>Miss Taylor is standing, your honor. I don't need to

154
00:08:15.600 --> 00:08:18.680
<v Speaker 1>reference that particularly. I just wanted to draw the court's

155
00:08:18.680 --> 00:08:22.000
<v Speaker 1>attention to it. The court in particular, the standing that

156
00:08:22.040 --> 00:08:25.519
<v Speaker 1>the abid David suggests that the unknown e was mister Colberger.

157
00:08:25.800 --> 00:08:29.120
<v Speaker 1>Is that what I'm reading, Miss Taylor. No, that's there

158
00:08:29.279 --> 00:08:32.200
<v Speaker 1>was a sample within the trash that was mister Colberger's.

159
00:08:32.679 --> 00:08:35.120
<v Speaker 1>The court Okay, I'm not sure the state's arguing that

160
00:08:35.159 --> 00:08:37.480
<v Speaker 1>there is no standing as to the trash. I think

161
00:08:37.519 --> 00:08:40.519
<v Speaker 1>the standing argument related to the genetic testing through the

162
00:08:40.559 --> 00:08:44.600
<v Speaker 1>companies and to the objection to the testing materials found

163
00:08:44.600 --> 00:08:47.320
<v Speaker 1>at the crime scene. Am I correct about that, mister Ny,

164
00:08:47.480 --> 00:08:51.120
<v Speaker 1>your honor. We did assert in our briefing standing it

165
00:08:51.240 --> 00:08:53.639
<v Speaker 1>was kind of in passing in the sense that we

166
00:08:53.759 --> 00:08:56.679
<v Speaker 1>think the fact that it was a trash pull resolves

167
00:08:56.679 --> 00:08:59.600
<v Speaker 1>that issue the court. I appreciate the trash pull legal

168
00:08:59.600 --> 00:09:02.200
<v Speaker 1>issues in terms of privacy standing, but in terms of

169
00:09:02.240 --> 00:09:05.600
<v Speaker 1>standing of this is not mister Colberger's DNA, So why

170
00:09:05.600 --> 00:09:08.120
<v Speaker 1>am I hearing from him standing, which is part of

171
00:09:08.200 --> 00:09:11.120
<v Speaker 1>what you argued on the IgG information, mister and I

172
00:09:11.200 --> 00:09:15.080
<v Speaker 1>correct the court. There's that issue. I don't see that's

173
00:09:15.120 --> 00:09:17.679
<v Speaker 1>impacted here because it sounds like some of his DNA

174
00:09:18.080 --> 00:09:20.960
<v Speaker 1>was in that trash. And then there's the standing issue.

175
00:09:21.000 --> 00:09:23.559
<v Speaker 1>As I understand it, we're related to the extent that

176
00:09:23.600 --> 00:09:26.679
<v Speaker 1>the defense is not conceding that the DNA found on

177
00:09:26.679 --> 00:09:30.120
<v Speaker 1>the knife sheath was mister Colberger's. He has no position

178
00:09:30.159 --> 00:09:32.919
<v Speaker 1>to object to the testing of the DNA and the

179
00:09:32.960 --> 00:09:36.320
<v Speaker 1>knife sheath. Mister n I correct the Court. I don't

180
00:09:36.360 --> 00:09:38.679
<v Speaker 1>see there, frankly, is an argument as to the standing

181
00:09:38.720 --> 00:09:41.120
<v Speaker 1>issue of not his DNA as it relates to the

182
00:09:41.120 --> 00:09:43.759
<v Speaker 1>trash pull. That's just how I see it. If you

183
00:09:43.759 --> 00:09:46.080
<v Speaker 1>think that's different and you need to make that argument,

184
00:09:46.279 --> 00:09:47.799
<v Speaker 1>you need to let me know so I know what

185
00:09:47.840 --> 00:09:50.679
<v Speaker 1>you're getting into, mister, and I know your honor, it's

186
00:09:50.679 --> 00:09:53.159
<v Speaker 1>not different than that. What happened is in the opening

187
00:09:53.240 --> 00:09:56.639
<v Speaker 1>briefing they asserted there was DNA found in there, including

188
00:09:56.679 --> 00:09:59.759
<v Speaker 1>an unidentified mill. In the response, I said, well, that's

189
00:09:59.759 --> 00:10:03.679
<v Speaker 1>not standing. You can't just say unidentified mail. In the reply,

190
00:10:03.759 --> 00:10:06.919
<v Speaker 1>they attached this saying well, we looked at it and

191
00:10:06.960 --> 00:10:10.159
<v Speaker 1>it was his. That's sufficient. I don't plan on arguing

192
00:10:10.200 --> 00:10:13.000
<v Speaker 1>that point the court. All right, are we all square then,

193
00:10:13.240 --> 00:10:16.080
<v Speaker 1>Miss Taylor? I think so, the court if you have

194
00:10:16.120 --> 00:10:18.360
<v Speaker 1>a question of doubt as to approach, and we can

195
00:10:18.399 --> 00:10:20.799
<v Speaker 1>go offline real quick. I would rather err on the

196
00:10:20.799 --> 00:10:23.879
<v Speaker 1>side of caution than not, Miss Taylor. May I have

197
00:10:23.919 --> 00:10:26.720
<v Speaker 1>five minutes the court? Oh no, we're going to take

198
00:10:26.720 --> 00:10:29.399
<v Speaker 1>more than that because I need the public to be notified.

199
00:10:29.559 --> 00:10:31.919
<v Speaker 1>So we're going to take at least fifteen twenty minutes.

200
00:10:32.720 --> 00:10:35.720
<v Speaker 1>Mister Nye, your honor, can I briefly ask we have

201
00:10:35.799 --> 00:10:38.120
<v Speaker 1>some of the victims in the hallway. I guess they've

202
00:10:38.159 --> 00:10:40.279
<v Speaker 1>been told by somebody they can come in when the

203
00:10:40.320 --> 00:10:43.240
<v Speaker 1>hearing was open the court. I'm not sure who would

204
00:10:43.240 --> 00:10:45.279
<v Speaker 1>have told them that, Mister and I I don't know either.

205
00:10:45.600 --> 00:10:48.360
<v Speaker 1>That's just what they're representing to us. We didn't understand

206
00:10:48.399 --> 00:10:50.799
<v Speaker 1>that to be the court. The court. The problem is,

207
00:10:50.840 --> 00:10:53.039
<v Speaker 1>I don't want to have to chase them out. Mister Nye,

208
00:10:53.120 --> 00:10:57.480
<v Speaker 1>absolutely understood completely. The court. Sandra can have a TV

209
00:10:57.840 --> 00:11:00.399
<v Speaker 1>in the conference room. They can watch it on and

210
00:11:00.440 --> 00:11:05.039
<v Speaker 1>that's fine, mister Nye. Okay, thank you, your honor. The Court,

211
00:11:05.440 --> 00:11:07.720
<v Speaker 1>and then my understanding is we can then go into

212
00:11:07.759 --> 00:11:10.440
<v Speaker 1>the next evidentiary phase without a problem and it can

213
00:11:10.440 --> 00:11:13.679
<v Speaker 1>be public. Correct mister Nye, Yes, from our perspective, your honor,

214
00:11:13.679 --> 00:11:16.000
<v Speaker 1>Miss Taylor, your honor. I think our team might be

215
00:11:16.000 --> 00:11:18.480
<v Speaker 1>a little bit confused about that. I think we thought

216
00:11:18.480 --> 00:11:22.200
<v Speaker 1>that Franks might be next, but the Court no, after Franks,

217
00:11:22.799 --> 00:11:25.879
<v Speaker 1>Miss Taylor. Okay, So I'll do suppression IgG and then

218
00:11:26.200 --> 00:11:28.840
<v Speaker 1>the court will do the argument on that, unless you

219
00:11:28.879 --> 00:11:30.679
<v Speaker 1>want to just go straight into the evidence and come

220
00:11:30.679 --> 00:11:34.039
<v Speaker 1>back to the argument on the Frank's IgG. Miss Taylor, Okay,

221
00:11:34.279 --> 00:11:37.120
<v Speaker 1>the court and do it together with the suppression stuff,

222
00:11:37.399 --> 00:11:39.559
<v Speaker 1>Miss Taylor, No, I planned to do that when I

223
00:11:39.559 --> 00:11:42.120
<v Speaker 1>did all of the Franks to address the entire Franks.

224
00:11:42.480 --> 00:11:44.679
<v Speaker 1>I think I'm confused about when the court wanted me

225
00:11:44.759 --> 00:11:47.240
<v Speaker 1>to do that. If you want me to take more

226
00:11:47.279 --> 00:11:49.960
<v Speaker 1>evidence today, if we are going to argue IgG and

227
00:11:50.000 --> 00:11:52.399
<v Speaker 1>be done, and then if the court wants to finish

228
00:11:52.399 --> 00:11:54.519
<v Speaker 1>with evidence today, and then I will do the Franks

229
00:11:54.519 --> 00:11:58.960
<v Speaker 1>tomorrow argument the proper argument the court. So my preference

230
00:11:59.039 --> 00:12:01.759
<v Speaker 1>is because I don't want to get into evidentiary phase

231
00:12:01.799 --> 00:12:04.519
<v Speaker 1>of Franks other than the issue of IgG, is to

232
00:12:04.679 --> 00:12:08.200
<v Speaker 1>argue your Frank's motion next, including the IgG and your

233
00:12:08.279 --> 00:12:10.799
<v Speaker 1>profit for the other Frank's issues, and then we can

234
00:12:10.799 --> 00:12:13.879
<v Speaker 1>go into evidence on the suppression issues. Does that make sense,

235
00:12:14.159 --> 00:12:17.279
<v Speaker 1>Miss Taylor? That does make sense, and that's perfectly fine.

236
00:12:17.720 --> 00:12:19.399
<v Speaker 1>I might need a minute to pull the box out

237
00:12:19.440 --> 00:12:22.559
<v Speaker 1>after we're done with the argument, if that's okay the court. Sure,

238
00:12:22.919 --> 00:12:25.360
<v Speaker 1>you can always have a minute when you need it. Mister,

239
00:12:25.399 --> 00:12:27.559
<v Speaker 1>and I your honor. I'm sorry to complicate things, but

240
00:12:27.759 --> 00:12:30.120
<v Speaker 1>just to be clear, so over here we've split that.

241
00:12:30.200 --> 00:12:33.120
<v Speaker 1>Miss Jennings is handling the Franks and I'm handling the

242
00:12:33.120 --> 00:12:36.799
<v Speaker 1>direct IgG suppression. Is that okay if we split it

243
00:12:36.840 --> 00:12:39.559
<v Speaker 1>that way the Court? Sure, mister, and I thank you

244
00:12:39.919 --> 00:12:43.200
<v Speaker 1>the Court. Again. My thought was we do all of Franks,

245
00:12:43.200 --> 00:12:46.320
<v Speaker 1>including the IgG stuff next, because I don't want to

246
00:12:46.320 --> 00:12:49.679
<v Speaker 1>take evidence that is then going to be said is

247
00:12:49.759 --> 00:12:53.080
<v Speaker 1>part Franks, because if the state then asserting it, I

248
00:12:53.120 --> 00:12:55.240
<v Speaker 1>think I've cracked the egg on whether or not I

249
00:12:55.240 --> 00:12:58.000
<v Speaker 1>can decide the issues prior to a Frank's hearing. So

250
00:12:58.039 --> 00:12:59.960
<v Speaker 1>that's why I want to have it wrapped up before

251
00:13:00.159 --> 00:13:03.720
<v Speaker 1>I take more evidence. Okay, mister Nye, sounds good. The court,

252
00:13:03.799 --> 00:13:05.879
<v Speaker 1>all right, will take about twenty minutes to let the

253
00:13:05.879 --> 00:13:09.240
<v Speaker 1>public have notice. All Right, folks, there it is. That's

254
00:13:09.279 --> 00:13:14.360
<v Speaker 1>the complete and unadulterated look at the IgG hearing that

255
00:13:14.519 --> 00:13:17.720
<v Speaker 1>was recently unsealed. And obviously we have plenty of more

256
00:13:17.759 --> 00:13:20.200
<v Speaker 1>documents to get to and throughout the week we'll be

257
00:13:20.240 --> 00:13:23.240
<v Speaker 1>diving into some more. But if you'd like to contact me,

258
00:13:23.279 --> 00:13:26.279
<v Speaker 1>you can do that at Bobby Kopuchi at ProtonMail dot com.

259
00:13:26.320 --> 00:13:31.720
<v Speaker 1>That's Bobby cap you Cci at ProtonMail dot com, or

260
00:13:31.759 --> 00:13:33.960
<v Speaker 1>if you prefer, you can find me on x at

261
00:13:34.200 --> 00:13:40.120
<v Speaker 1>Bobby Underscore cap Ucci. All of the information that goes

262
00:13:40.159 --> 00:13:43.759
<v Speaker 1>with this episode can be found in the description box.