"There are numerous parts of the interview where the defendant is weeping, says he cannot believe he killed someone. He wants it in; all of it in; warts and all."

Defense had finished the evidence portion in Brandon Watson's case on June 24 with the testimony of Katherine Howden. The People filed a motion to amend information which was heard on June 25. 

The first change is an added Count. Count 2 is assault and the alleged victim is Brian Edwards. Count 3 is assault and the alleged victim is Antony Besselieu-Hill.

For the assault charges, there is a special allegation that in the commission of the assault on Edwards and Besselieu-Hill, Watson inflicted great bodily injury.

Ms. Andrea Sullivan is Watson's attorney.  Deputy District Attorney Roger Rees is the prosecutor for the case.

Mr. Rees said that jury had not started deliberations yet,  closing arguments had not taken place and he had no objections to the defense reopening their case. 

Watson testified that he stabbed Edwards but denied stabbing Besselieu-Hill. Mr. Rees. said if the jury believes the defendant, then they can give a split verdict.

Ms. Sullivan said that she had no objection to Counts 2 and 3 being separated but she objected to the special allegation for both those counts. "My client is entitled to due notice, so I am objecting to the great bodily injury enhancement. There is no holding order to these enhancements. This is an abuse of the liberal amendment."

Judge Lawrence Killoran granted the motion to the second amended information. There was a first amended information that was never addressed and was withdrawn.

The charging document with the second amended information will be read before the Court gives the closing jury instructions.

For Count 1, the jury will be given verdict forms for first degree, second degree, voluntary manslaughter and involuntary manslaughter.

Then the issue of the video was addressed again. The People want to play a video of Watson's interview with APD Detective Luke Scown. Usually the entire video is played. In this case, it is 3 hours but only one and a half hour where Watson is being interviewed. Det. Scown left the room during the interview. The People want to play only 10 selected clips of that one and a half hour. 

Mr. Rees said, "counsel can offer context" if neccessary. Mr. Rees said that Det. Scown told Watson the stabbing of Triantos was not on video but it was not on video and he does not want to play that part. The People also want to omit the parts where Det. Scown builds rapport.

Ms. Sullivan brought up Evidence Code 356; "the rule of completeness." She said that Det. Scown can testify to the law enforcement tactic of rusing/building rapport.

Regarding the selective clips, Ms. Sullivan said they are out of context. "There are numerous parts of the interview where the defendant is weeping, says he cannot believe he killed someone. He wants it in; all of it in; warts  and all."

"These excerpts are designed to make the defendant look incredibly callous," said Ms. Sullivan. She mentioned a clip the People want to play where Watson is concerned about his shoes. "They do not want to show the parts where he is remorseful."

"I am asking the Court as I did before to play the whole thing; the interview portions." Ms. Sullivan suggested fast forwarding the portions when Det. Scown is not in the room.

I did not stay to watch the video being played for the judge. This was out of the presence of the jury. I will add the ruling. Depending on what Judge Killoran rules; he is creating a situation for an appeal. 

On June 28, in the morning, Judge Lawrence Killoran granted the People's request to play the selected clips.

The jury will be back in the afternoon on June 28. I am going to cover closing arguments and post the verdict.

Previous post:

https://johnchiv.blogspot.com/2021/06/sage-said-im-shit-and-i-wasnt-crip.html?m=1