Most people are familiar with what led to the arrest of Brandon and Jesse Widmark. I had exclusive coverage on my blog. People have seen the video and footage released by the Humboldt County Sherriff's office.
No other media was in court this morning and no one was there before lunch. The defendants rejected an offer made by the People earlier this week.
There were two very important rulings. One before Judge Steven Steward gave some pre jury instructions to the jury of five women and seven men and alternate jurors consisting of three men and two women. Another ruling before the People's first witness, Brittaney Nunes.
Deputy District Attorney Roger Rees wanted to play a 6 minute video that was released by HCSO and narrated by Humboldt Sherriff William Honsal. Ms. Rebecca Linkous who represents Brandon Widmark objected and filed a motion. There was argument by both attorneys and the summary is Mr. Rees prevailed. This video is footage the media, the public has already seen. The jurors were questioned extensively about media coverage on this case. I agree with what Judge Steven Steward and Mr. Rees said this morning.
Ms. Linkous: "I don't object to the visuals and diagrams. I object to statements by the Sheriff and his opinion on the case. He is not a witness so we cannot cross examine him. This adds bias which cannot be cured by anything I say. The Sheriff says these are the people referring to Brandon and Jesse.
Ms. Sullivan told Judge Steward, "I am not expressing an opinion."
Mr. Rees: "An opening statement is what we expect evidence to show. I expect all of what the Sheriff says to come out in the evidence. The six minute video is succinct. Ms. Linkous does not get to choose for me how I express my opening statement. I would assert the two people were at the scene. I would assert the officers were cleared of all wrongdoing. Ms. Linkous does not disagree. She disagrees with the method."
Mr. Rees: "What if it was an actor narrating?"
Judge Steward: "It is not an actor narrating, it is the Sheriff narrating."
Mr. Rees: "Whether it is the Sheriff or another elected official like the DA, the defense can call the Sheriff to testify. I will preface the video and say this is not evidence. This is what I expect the evidence to show."
Judge Steward: "My concern is after 4 minutes, 20 seconds, the Sheriff talks about booking the defendants; their time in the hospital."
Mr. Rees: "I have edited the video." Mr. Rees it stops before the portion that Judge Steward mentioned.
Ms. Linkous: "None of the victims identified these two. The People have to prove these two committed these acts."
Judge Steward: "It is within the Court's discretion to exclude the video. The purpose of the opening statement is a roadmap of the evidence. I don't think video evidence is improper. I agree the narrating is dispositive. This is a complex case. The video and graphics do provide relevant information. Prosecution opening statements say defendants committed the crime. The Court will allow the video to be played. The Court and Mr. Rees will instruct the jurors this video is not evidence. If something in the video doesn't come in as evidence; it is to the People's peril. The motion is denied."
The next argument predented was about whether Nunes could testify about a prior incident.
Again, Ms. Linkous objected because the statements are about Brandon Widmark's prior conduct. Judge Steward had already made a ruling previously to exclude Jesse Widmark talking about this incident.
Nunes testimony involves an incident that happened a week before the events alleged in the case for this jury trial.
Mr. Rees: "It goes to motive. It explains the defendants' actions. Brandon did not want to go back to prison."
Judge Steward: "The attempt to allude law enforcement and the robbery relates to defendants' motive and state of mind. The prior incident is relevant. The Court's analysis looks at Evidence Code 352. The evidence is strong regarding motive. The fleeing from law enforcement and shooting at law enforcement. Law enforcement are witnesses. The defendants are charged in the other case. Court denied consolidation. This lead case is far more serious. The defendants face exposure. The other case is an assault case; had we tried that case first...The Court will give limiting instruction CALCRIM 375."
Mr. Rees presented his opening. Ms. Andrea Sullivan who represents Jesse Widmark is reserving her opening statement until the defense case starts. Ms. Linkous gave her opening statement. The evidence portion of the trial started at 10:50 a.m with the first People's witness, Nunes testifying.
Her testimony was allowed by Judge Steward. Depending on what happens in the next few hours and how credible the jurors find Nunes as a witness, it may shed light on Brandon Widmark's motive and what led to the events by both brothers and their arrest. Nunes is testifying about a prior incident.
I could barely hear her as she had her head down, was mumbling and very soft spoken. Nunes would not look at Brandon and Jesse Widmark as she testified.
Nunes was in the truck with the Widmark brothers. She did not see anything and was wearing a hoodie. She heard voices. Brandon and Jesse Widmark jumped out of the truck.
Today, while being questioned by Mr. Rees, Nunes said she could not recall the exact words and just said she heard voices she did not recognize. Mr. Rees said, "It has been two years." Nunes agreed with him that her memory was better when she gave the statement to police initially.
Nunes said "Brandon and Jesse got back in the truck. Nunes sent a text message to her cousin asking for help. She was concerned about her safety and her children's safety who were in tje truck.
If you do not read my blog regularly, I suggest you go back and read prior coverage, especially the recent posts on this trial. This lead case for the Widmark brothers is being tried before another case.
This is a 6 week trial. What I cover will vary day to day with customized updates first to donors, subscribers and advertisers in person or via email by request. The courtroom is open to the public who are free to attend and watch the trial.
While the jury has to listen to all the evidence, I am not reporting basics that the public knows or sitting in court for hours while technicalities like identifying photos are covered.
The Widmark trial is "dark" tomorrow which means it is not in session. Monday, the 17th is a court holiday. If you are interested in rest of today's live coverage and remarks, check this post again on Monday.
2/13 court minutes:
Previous posts:
https://johnchiv.blogspot.com/2025/02/the-jury-panel-in-widmark-case-is-one.html?m=1
https://johnchiv.blogspot.com/2025/02/individual-jurors-being-questioned-in.html?m=1
https://johnchiv.blogspot.com/2024/12/people-seeking-life-sentences-for.html?m=1
This post has links to all previous coverage on the Widmark brother case from the incident, arrest up to the current trial including exclusive coverage.
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