(court record listed below)
The judge told the jury to be at the courthouse at 8:30, dismissed the jury, then tells Reo and Lindstedt to be there at 8am. The judge also stated he would deal with the issue of Reo not giving Lindstedt tomorrow. There was no stipulation that if someone was late that opportunity would be denied.
Thus the judge errored by ruling that because Martin was 20 minutes that he would no longer hear Martin's argument about not being served, even though the judge said he would give Martin that chance and did not mention of any sanctions if Martin would be late. Martin could have late for many reasons, including the fact he is not a resident of the area, plus the fact the judge mentioned parking was very much a problem. Martin mentioned he has a bad hip and thus had the additional burden of having to find a parking spot to cater to his disability.
Because the error had such a profound impact on the case, the case has to be declared a mistrial because the judge did not give Martin a fair chance to present argument about Reo's lack of discovery.
MARTIN. THIS IS YOUR CHANCE, RE-WORD TO SOMETHING MORE LEGALIZE BUT THIS IS ONE OF THE ARGUMENTS YOU CAN MAKE THAT IS LEGITIMATE. DON'T FUCK IT UP BY SAYING SHIT LIKE MAMZER, KIKE, etc...
THE COURT: We're going to break
13 for today. I'd ask you to be back in the jury
14 room tomorrow at 8:30.
15 once again, I'll remind you, do not
16 discuss this case amongst yourselves, don't
17 allow anyone to discuss it with you and please
18 don't do any research on your own about
19 anything you've heard in this case. We'll
20 see you tomorrow morning at 8:30.
21 THE BAILIFF: All rise.
23 (Whereupon, the jury was excused for
24 the evening at this time.)
(Whereupon, the following
2 proceedings were held in open court without
3 the jury present.)
5 THE COURT: The parties will be
6 here at 8:00 tomorrow.
7 MR. REO: 8:00? Yes, Your
9 MR. LINDSTEDT: Would I be able to
10 present my -- my -- my problem is I'm trying
11 to figure out, he's cherry picked -- he's
12 cherry picked what he wanted off my web page.
13 How do I -- you know, I'm not quite sure how I
14 put this up.
15 THE COURT: That's what the
16 discovery procedure was for, that you were to
17 supply discovery both ways and that everyone
18 would know what was going to come out here in
20 MR. LINDSTEDT: He refused to give
21 me any discovery, but -
22 THE COURT: We will deal with
23 that problem tomorrow.
24 MR. LINDSTEDT: Okay.
25 MR. REO: Thank you, Your
2 MR. LINDSTEDT: Thank you for a great
3 deal more patience than I usually get from the
4 judiciary, Your Honor.
5 THE COURT: Don't count on it
7 MR. LINDSTEDT: Well, I am what I
9 - - - -
10 (Hearing Adjourned at 4:30 P.M.)