John Chiv: Browser compatibility of video consoles and entire readback of alleged molestor requested by jury

Jul 3, 2024

Browser compatibility of video consoles and entire readback of alleged molestor requested by jury

On 6/28, the jury heard from alleged molestor Steve Boudreaux. Retired Judge John Feeney did not allow Deputy District Attorney Whitney Timm to cross examine Boudreaux about Jane Doe 3. That day was not good for the People with Judge Feeney ruling against the prosecution a few times.

Deliberations started on 7/1 at 4:00 p.m. and 4:30. Second amended information was filed on 7/1. On 7/2 jury sent a note and requested readback. On 7/3, there was another note from the jury. I was in court and jury asked, "Can we find out if X box or Playstation had browser capability in 2010?"

At 2:50 p.m. there was another note from the jury. They requested and will get to hear all of Boudreaux's testimony.

Deputy Public Defender Casey Russo waived Boudreaux's appearance for both notes today. Deliberations continue on 7/3. At 3:30 p.m. a third note. It is 3:46, attorneys have gone in twice to meet with Judge Feeney. This last note said, "Which incidents are associated with each charge?" Then the note listed Counts 1, 2, 3, 4, 5 and asked about jury instruction 207. All this was discussed with a response sent back and it was after 4 p.m. Jurors were provided a copy of the information.

CALCRIM No. 207

This instruction states that when alleging a crime occurred on a specific date or date range, the prosecution only needs to prove that it happened reasonably close to that date, not exactly on it. The court is not required to give this instruction on its own, and it should not be given if it is not relevant.

The jurors have verdict form with the charges and jury instructions. Requesting readback of an entire witness testimony? Looks like a holdout or few who should pay attention during the trial, learn to read instead of unnecessary dragging out deliberations.

Several jurors had plans so there were no deliberations on 7/5. Readback and deliberations will resume on 7/8.

Second amended information: