Jurors sent home in Hoopa resident Jason Smith jury trial

 

Jurors were sent home around 2:40 p.m. today in the Jason Smith Sr. case. There is no court tomorrow so they were asked to return Thursday.

Judge Cockrum explained to jurors that there are certain issues that come up at trial but can only be addressed after there is a jury panel and before jurors are sworn in.

As jurors were leaving, you could hear a juror talking to the bailiff. Judge Cockrum asked the bailiff if a juror wanted to talk to the Judge. 

The bailiff said a juror who had approached the bailiff during break wanted to "talk to the judge." Judge Cockrum wanted to know the issue before he could make that determination.  The livestream was turned off around 2:45. At 3:30, livestream was back on. 

There is discussion going on now the People's motion. Smith has four cases, three from 2020 including a co defendant case and one from 2019. You can read more details about this co-defendant case which involved the arrest of Hoopa and Willow Creek residents in the previous post.

Deputy District Attorney Trent Timm is the prosecutor.  Deputy Conflict Counsel April Van Dyke is Smith's attorney. She just finished the Jeff Tsarnas trial yesterday.

 This trial has to do with that incident. The motion is about what statements will be allowed. Mr. Timm said a reference to defendant's statements and "furtherance of conspiracy."

"If Ms. (Michelle) Odjick did't come in and testify testify, we would agree to forfeiture of wrongdoing. The Bruton rule does not apply."

If Odjick does not testify, then Judge Cockrum has to rule whether an audio recording about her claim of an alleged conspiracy in the back of a police car will be allowed.

Judge Kaleb Cockrum said,"All statements by (Kimberly) Yale will be kept out until I make a final decision." He is taking the matter under submission.

Some of the criminal history of a prosecution witness, including his record from Louisiana, will not be allowed unless there is proof of conviction.

Previous post:

https://johnchiv.blogspot.com/2020/08/hoopa-and-willow-creek-residents-booked.html?m=1#more