No. CIV S-97-0152 WBS KJM, DEATH PENALTY CASE.
December 3, 2007
KIMBERLY MUELLER, Magistrate Judge
The parties submitted a joint statement regarding transcription errors in the transcripts for the April/May 2007 evidentiary hearing. The parties agree on a lengthy list of transcription errors and ask that the court reporter submit corrected pages reflecting the stipulated corrections. The parties dispute very few errors and, primarily, seek a review of the court reporter's notes with respect to these disputes.
As has been documented in prior orders, the transcript of the final day of the hearing is not yet complete. The court understands it should be filed shortly.
Good cause appearing, IT IS HEREBY ORDERED as follows:
1. Within seven days of the filed date of this order, court reporter Patricia Hernandez shall file the following:
a. Corrected pages reflecting the stipulated corrections listed in the attached table.
b. A statement regarding the following disputed passages after a review of the transcription notes:
Page 33, line 6 — Is the word "applied" correct? Could it be "appointed?"
Page 79, line 19 — Please check the accuracy of this line.
Page 88, line 2 — Please check the accuracy of this line. In particular, does the word "consequence" appear in your notes?
Page 609, lines 16-20 — Please check the accuracy of this line.
Page 779, line 20 — Please check the accuracy of this line. In particular, could the word "figure" be "effect?"
2. As the court's E CRO system recorded the first portion of the April 23, 2007 evidentiary hearing, corrections to that portion of the transcript will be handled by the court and filed as soon as reasonably possible.
3. In addition to normal service of this order upon counsel for petitioner and respondent, the Clerk of the Court is directed to serve it upon Patricia A. Hernandez, Diamond Court Reporters, 1107 2nd Street, # 210, Sacramento, CA 95814 by U.S. Mail and by fax at (916) 442-2783. (Transcription from audio recording) (Transcription by court reporter) consequence (Partial Transcription, Afternoon Only, from dirty disk)
2007 RT STIPULATED ERROR STIPULATED CORRECTION DISPUTED PASSAGE CHANCE REQUESTED BY PARTY Date Page Line (P or R) 4/23 " 3 9-10 IAS claims? IAC claims? — — " 8 18 out understanding our understanding — — " 12 19 Exhibits BV-1 through BV-6 Exhibits W-1 through W-6 " 12 23-24 and see if we can and see if we can — — that one in as well. get that one in as well. " 15 22 24 Carollo Carolo — — " 16 5 6 Carollo Carolo — — 11 15 " 16 18 Lehr's Loehr's — — " 16 20, Mr. Lehr Mr. Loehr — — 22 " 17 2 Lehr's Loehr's — — " 17 8, 16 Lehr Loehr — — 4/23 " 1 11 precedence precedent — — " 4 23 BROSNAN SCHARDL — — " 13 24 68 1368 — — " 23 3 68 1368 — — " 24 19 prejudices. prejudice. — — " 28 22 68 1368 " 33 6 — — applied appointed R " 33 11 68 1368 — — " 35 20 precedence precedent — — " 36 21 68 1368 — — " 37 4 68 1368 — — " 38 10 68 1368 — — " 42 22 68 1368 — — " 56 7 Indictment case — — " 59 18 there their — — " 79 19 — — [Ask court reporter [?] P to reread notes in light of response.] " 82 6 Miss Ms. — — " 85 14 Miss Ms. — — " 88 2 — — consequence R " 94 23 worse worst — — " 100 14 abhorrent aberrant — — " 101 16 abhorrent aberrant — — " 104 1 Rohnert Park River Park — — " 104 6 abhorrent aberrant — — " 108 16 abhorrent aberrant — — " 114 16 instigate integrate — — " 116 21 expert's investigators experts, investigators — — " 118 3 68 1368 — — " 119 24 regard record — — " 124 9 Kennedy Kennedy — — who interpreted who interpreted blood stains at RT22, blood stains at RT 2213, " 124 10 Mr. Garba and the Skuse Mr. Garbutt on the Skuse — — blood evidence at RT2674, blood evidence at RT 2674, " 124 11 Marty Merridee — — " 124 12 at RT2635, at RT 2635, — — " 124 13 Garba Garbutt — — " 124 14 RT06 and Miss RT 2806 and Ms. Smith at RT 2824 — — Smith at RT24 " 125 17 Maze Mayes — — " 126 8 Maze Mayes — — " 128 20 protected projected — — " 134 14 within with — — " 135 9 Miss Ms. — — " 138 5 counties? county's? — — " 144 9 preponderance established ponderous establishment — — " 146 15 SCHARDL BROSNAN — — " 147 14 plotting plodding — — 4/24 167 1 9079 funds for 1079 funds for — — expert witnesses expert witnesses " 172 17 Miss Ms. — — " 179 6 SCHARDL BROSNAN — — " 186 1 tenants tenets — — " 189 19 exclusion excerpt — — " 218 16 pre-exhibits three exhibits — — " 221 24 BROSNAN SCHARDL — — " 226 18 Miss Osband Ms. Osband — — " 226 23 Mrs. Osband Ms. Osband — — " 228 25 Miss Mitchell Ms. Mitchell — — " 229 22- very construction of the very crux of the — — 23 guilt phase guilt phase " 230 6 3254RT, RT 3257, line 4 — — " 230 16, SCHARDL BROSNAN — — 18 " 233 5 get you noxious get you nauseous — — " 244 8-9 staying at the address staying at the address — — in Sacramento, 2600, in Sacramento, 3600, 26th Avenue or 36th Avenue or Cantrel Circle Casselli Circle " 244 17- Alfria James Alfreda James — — 18 " 245 10 Miss James Ms. James — — " 263 23- expelling the virtues extolling the virtues — — 24 and benefits of bestiality? and benefits of bestiality? " 272 12 Judge Grossfelt,(ph.), Judge Grossfeld — — " 275 23 BROSNAN SCHARDL — — " 276 5 BROSNAN SCHARDL — — " 288 15 BROSNAN SCHARDL — — " 291 5-6 there was an there was an — — underside fingerprint unidentified fingerprint " 296 18, abhorrent aberrant — — 23 " 299 8 abhorrent aberrant — — " 301 23 abhorrent aberrant — — " 307 14 Maze Mayes — — " 308 5 Maze Mayes — — " 312 4, 5 Cleveland Cleland — — " 312 5 Stavely Snavely — — " 314 11 Cleveland and stavely Cleland and Snavely — — " 314 18 Miss Stavely Ms. Snavely — — 4/25 319 3, 9, MISS SAXON MS. SAXON — — 17, 24 " 320 2 " " — — " 323 19 CLEVELAND CLELAND — — " 324 17, BROSNAN SCHARDL — — 21, 23 " 325 7 refreshed fresh — — " 331 14, post-talk post-hoc — — 18 " 332 25 post-talk post-hoc — — " 333 8 representation reputation — — " 333 15 used views — — " 334 21 spiralis spurious — — " 335 12 abhorrent, abhorrent behavior aberrant, aberrant behavior — — " 335 13- Miss Carolo Ms. Carolo — — 14 " 341 23 abhorrent aberrant — — " 347 21 Terry Bolton Terrel Bolton — — 348 1 Terry Bolton Terrel Bolton — — " 368 4 Terry Terrel — — " 377 10 Miss Mitchell Ms. Mitchell — — " 383 20 Leemer Leeman — — " 384 10 Leemer Leeman — — " 391 13 the period of the the period of the — — time and post-trial? trial and post-trial? " 397 14 Miss Ms. — — " 403 4, worse of the worse worst or the worst — — 13 " 404 2-3, worse of the worse worst or the worst — — 9 " 406 9, Miss Saxon Ms. Saxon — — 25 " 407 10 Miss Saxon Ms. Saxon — — " 422 22 James Cocher [ph.]. James Cowder — — " 435 23 caring carrying — — " 440 18 Garbit Garbutt — — " " Mary Dee Merridee — — " 441 1, 2 Garbit Garbutt — — " 441 2 Mary Dee Merridee — — " 455 7 Miss Carolo's Ms. Carolo's — — " 455 22 A witness identification Eye witness — — identification " 456 8 Martin Blender Martin Blinder — — " 456 13 Blender Blinder — — " 458 22 Blender Blinder — — " 458 3, 7 Blender Blinder — — " 459 21 Blender Blinder — — " 460 15 Blender Blilnder — — " 461 19 Blender Blinder — — " 462 10 Blender Blinder — — " 463 4, Blender Blinder — — 11, 13 " 464 8 recollect recollection — — " 464 9 Blender Blinder — — " 472 2 That whole page KK, That whole page KK, — — 397 is 3/9/87 is " 485 14 dated date — — " 486 20 Maze Mayes — — 4/26 501 7 Dirk Tildon Derick Tildon — — " 508 21 history his story — — " 526 13 Miss Mitchell Ms. Mitchell — — " 551 14 Miss Hutton Ms. Hutton — — " 552 19 Miss Osband MS. Osband — — " 553 3 voracity veracity — — " 555 19 Garbit's Garbutt's — — " 578 4 no benefit to the no claim to the — — assistance assistance of counsel for of counsel for " 578 16, Miss Saxon Ms. Saxon — — 20 " 580 6, Miss Saxon Ms. Saxon — — 17, 25 " 586 19 Miss Mitchell Ms. Mitchell — — " 588 6 Miss Mitchell Ms. Mitchell — — " 589 16 cast out any cast doubt on any — — " 590 1 cast out any cast doubt on any — — " 590 11 Miss Mitchell Ms. Mitchell — — " 594 19, Blender Blinder — — 21 " 609 16- — — [Court reporter — R 20 to reread notes.] " 611 1 Miss Mitchell Ms. Mitchell — — " 613 10 Maze Mayes — — " 618 1 Maze Mayes — — " 619 8, worse of the worse worst of the worst — — 11 " 619 14 Miss Mitchell Ms. Mitchel — — " 631 10 Miss Saxon Ms. Saxon — — " 631 8 look/White Look/White — — " 634 8 Blender Blinder — — " 635 4 Miss Saxon Ms. Saxon — — 4/27 638 3, 4 Miss Saxon Ms. Saxon — — " 638 11 prejudice psychology French and psychology — — " 655 12 resinate resonate — — " 661 6 difficult difficulty — — " 664 14 believe believed — — " 685 13 antidotal anecdotal — — " 692 8-9 or rather, being or rather, being — — prosecuted by Mr. Viautin? defended by Mr. Viautin? " 692 25 HOBI [ph.] Hovey — — " 696 16 Miss Isabelle Ms. Isabelle — — " 701 6, 7 HOBI [ph.] Hovey — — 4/30 730 8 15th 16th — — " 754 9 B Street, V Street, — — " 770 25 staffing like Marvin starvin like Marvin — — " 778 18- isn't it is — — 19 " 779 20 — — figure effect R " 779 20 — — [Court reporter [?] P to reread notes.] " 781 25 Petitioner as counsel Petitioner's counsel — — " 782 3 " " — — " 794 5 fowler follower — — " 803 11- Court is going to Court is going to — — 12 reply or showing of require showing of unavailability unavailability " 804 13 I seek claim they claim IAC — — to that for failure to " 805 9 liability reliability — — " 805 17 the right them to ride — — rough shot roughshod " 805 21 until under — — 5/1 813 15 admission of interest admission of exhibits — — " 822 4 neighbor neighborhood — — " 828 19 Exhibit LL-2 Exhibit LLL-2 — — " 865 16 Lance's key Lance's trial — — defense team defense team " 866 4-5 triple I triple A — — " 871 20 Lamans Le Mans — — " 881 3 report record — — " 895 20 — [all:] BROSNAN SCHARDL — — 903 2 " 904 22 show case show cause — — 5/2 " 2 22, 24 Stavely Snavely — — " 3 2, 7 Stavely Snavely — — " 3 11, 19 Loehr Loehr — — " 3 18, 22 BROSNAN SCHARDL — — " 4 2 So I', not sure So I'm not sure — — " 4 6, 15, BROSNAN SCHARDL — — " 4 11-12 Miss Ms. Saxon's testimony, — — Saxton's testimony testimony of the of the witnesses we have heard witnesses we have heard this week this week