Becky Dodds & Judge Frizell - round 1

1

1 REPORTER'S RECORD

2 VOLUME ____ OF ____ VOLUMES

3 TRIAL COURT CAUSE NO. MA-13-33817-N

4 THE STATE OF TEXAS ) IN THE COUNTY CRIMINAL )

5 VS. ) COURT NUMBER 11 OF )

6 LATOYA JANICE SCOTT ) DALLAS COUNTY, TEXAS

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8 _____________________________________________

9 TRANSCRIPT OF PROCEEDINGS _____________________________________________

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11

12 On the 2nd day of September, 2014, the following

13 proceedings came on to be heard in the above-titled and

14 numbered cause before the Honorable Elizabeth D. Frizell,

15 Judge Presiding, held in Dallas, Dallas County, Texas.

16 Proceedings reported by computerized stenotype

17 machine.

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19 VEARNEAS W. FAGGETT, TEXAS CSR #3129

20 Official Court Reporter

21 County Criminal Court No. 11

22 214.712.5078

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1 A P P E A R A N C E S

2MS. REBECCA "BECKY" DODDS

3 SBOT NO. 24040816 MR. JASON HERMUS

4 SBOT NO. 24036762 Assistant District Attorneys

5 CRAIG WATKINS CRIMINAL DISTRICT ATTORNEY OF DALLAS COUNTY

6 133 North Riverfront BoulevardDallas, Texas 75207

7 Telephone: 214.653.3600Attorneys for State of Texas

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9 MR. LOREN COLLINS SBOT NO. 24077823

10 MR. DIETRICH KNABE SBOT NO. 24070066

11 DALLAS COUNTY PUBLIC DEFENDER'S OFFICE 133 N. Riverfront Boulevard, 9th Floor

12 Dallas, Texas 75207Telephone: 214.653.3500

13 Attorneys for Defendant

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1 I N D E X

2 SEPTEMBER 2, 2014 PAGE

3 Proceedings ................................... 4

4 Voir Dire by the Court ........................ 15

5 Voir Dire by the Defense ...................... 26

6 Reporter's Certificate ........................ 37

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9 _________________________________________________________

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12 E X H I B I T I N D E X

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14 (No Exhibits were offered or admitted in this volume)

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1 P R O C E E D I N G S

2 (September 2, 2014)

3 THE COURT: We are on the record in State

4 of Texas versus Latoya Scott, and the Defense has filed

5 an election for punishment to go to the jury for

6 punishment, if we get to that point. That is signed by

7 the Defendant and the Defense Attorney, and I will accept

8 that Motion. There's also an Application for Probation

9 that has been filed with the Court, and that has also

10 been signed by the Defendant.

11 And are there any pretrial matters you want to

12 put on the record at this time? I will note that the

13 Defense has also filed a Motion in Limine that I have not

14 ruled on at this time, as well as a Motion for Speedy

15 Trial, and I have not ruled on that. Both of those are

16 file-marked as of today, and the State has received a

17 copy of those.

18 Anything else beyond that that needs to go on

19 the record at this time?

20 MS. DODDS: I don't think so, Judge.

21 THE COURT: Okay. That's all for the

22 record.

23 (Recess taken)

24 THE COURT: We are on the record in State

25 of Texas versus Latoya Scott. This is Cause Number

5

1 MA-13-33817. For the record the State's attorney is

2 present in the courtroom. The Defense attorney is

3 present in the courtroom. The Defendant is present in

4 the courtroom. And motions have been filed in this case,

5 and they've been previously file-marked. And I believe

6 the Defense had something you wanted to put on the

7 record.

8 MR. COLLINS: Your Honor, just as far as

9 an offer, the Defense hasn't received an offer in this

10 case. I think the defendant would potentially entertain

11 a deferred probation offer with no affirmative finding,

12 if the -- probably if the complainant's name could be

13 changed, I think.

14 THE COURT: Okay. All right. And,

15 Ms. Dodds, I don't know if you all had a chance to

16 discuss that. Is there an offer at this time on this

17 case?

18 MS. DODDS: No, Your Honor. The listed

19 affidavit does include Raven Hutchins as the listed

20 complainant. It is our understanding that is the listed

21 complainant in the Cause Number, I guess it's M-13-33817,

22 and the State's position is that this case has already

23 been pled and disposed of and so there is no --

24 THE COURT: I'm going to get to that.

25 MS. DODDS: -- record on this case and we

6

1 don't intend --

2 THE COURT: And I'm going to get to

3 that --

4 MS. DODDS: -- on proceeding to trial in

5 this case --

6 THE COURT: Okay.

7 MS. DODDS: -- or pretrial in this case.

8 THE COURT: Well, actually, counselor,

9 this case has not been pled, and I understand what you

10 are saying. I understand your position. This case has

11 not been pled, and what I'm trying to find out is if you

12 have an offer for the Defense.

13 MS. DODDS: I can't have an offer in this

14 case, Your Honor. The case has already been pled and

15 disposed of.

16 THE COURT: Actually, that's not true.

17 MS. DODDS: It's the State's understanding

18 that this case --

19 THE COURT: Well, it's not true. So are

20 you ready to go to trial on this case?

21 MS. DODDS: I will not --

22 THE COURT: Because it was my

23 understanding the State was announcing ready to proceed

24 to trial. Are you saying that you are announcing not

25 ready?

7

1 MS. DODDS: I don't know what you are

2 basing your understanding on, Your Honor.

3 THE COURT: So are you announcing ready or

4 not?

5 MS. DODDS: The State won't participate in

6 a jury trial, Your Honor.

7 THE COURT: Okay. Are you announcing

8 ready or not?

9 MS. DODDS: The State will not participate

10 in a jury trial.

11 THE COURT: Is the Defense announcing

12 ready?

13 MR. COLLINS: The Defense is announcing

14 ready. The Defense would like to also point out that the

15 State has had two witnesses in their office for hours.

16 So I find it a little disingenuous that they are

17 announcing a no announcement. They've also subpoenaed

18 witnesses on August 8th. So this notion that they're not

19 prepared for trial I find lacks authenticity.

20 MS. DODDS: I'm not suggesting we're not

21 prepared for trial.

22 THE COURT: The complainant in the

23 Information is Raven Hutchins. Is she here in the

24 building?

25 MS. DODDS: We are not going to

8

1 participate in any sort --

2 THE COURT: Is she here in the building?

3 MS. DODDS: -- of a jury trial.

4 THE COURT: I'm just asking you a

5 question. Is she here in the building?

6 MS. DODDS: I don't know if she's still

7 here, Your Honor.

8 THE COURT: She was here earlier today?

9 MS. DODDS: I don't know if she's still

10 here today.

11 THE COURT: Was she here earlier today?

12 MS. DODDS: I believe she was. I don't

13 know if she was here in response to a subpoena or if she

14 came with the Defendant.

15 THE COURT: Okay. But was she here in the

16 building? You spoke with her, didn't you?

17 MS. DODDS: I did.

18 THE COURT: Okay. Today, right?

19 MS. DODDS: Yeah.

20 THE COURT: Okay. So she was here in the

21 building earlier today, right?

22 MS. DODDS: Yes, she was.

23 THE COURT: All right. And she's the

24 complainant on this case; is that right?

25 MS. DODDS: On M-13-33817.

9

1 THE COURT: Yes.

2 MS. DODDS: Yes.

3 THE COURT: Okay. And are there outside

4 witnesses on this case?

5 MS. DODDS: I'm not participating in this,

6 Your Honor.

7 THE COURT: Okay, and I understand.

8 You've said that.

9 MS. DODDS: Okay.

10 THE COURT: But I think it's important for

11 justice that we at least make sure that if this case is

12 set for trial today, which it is, it was set for pretrial

13 prior to today, I think it's important that at least the

14 record reflect whether the complainants are available.

15 If it's more than one complainant, I'm not sure, if it's

16 one complainant, it's important that the record reflect

17 whether or not the complainant is available and whether

18 you've had a chance to at least speak with the

19 complainant. Are there any outside witnesses on this

20 case that you've talked to today?

21 MS. DODDS: Your Honor, I think it's

22 important to note that justice was served in this case

23 back on April 21, 2014 --

24 THE COURT: Are you not going to answer my

25 question?

10

1 MS. DODDS: -- and I believe if the Judge

2 would ask the Defendant --

3 THE COURT: Ms. Dodds, my question is did

4 you talk to any outside witness --

5 MS. DODDS: I'm not going to participate

6 in a pretrial, Your Honor.

7 THE COURT: So what you are saying is you

8 refuse to answer my question? All I'm asking you is if

9 you talked to an outside --

10 MS. DODDS: I'm saying I can't -- I can't

11 answer in a pretrial format any questions --

12 THE COURT: I didn't say anything about

13 pretrial.

14 MS. DODDS: These questions are related to

15 a pretrial. The case is set for today.

16 THE COURT: No, this question is about

17 this case being set for trial today, and --

18 MS. DODDS: That's what I just said, Your

19 Honor.

20 THE COURT: -- I'm trying to see if your

21 witnesses are available to testify.

22 MS. DODDS: And I am suggesting to you

23 that I won't participate --

24 THE COURT: So you refuse to answer the

25 questions. Is that what you are telling me?

11

1 MS. DODDS: I'm saying I am not going to

2 participate in a pretrial on a case that's already been

3 pled.

4 THE COURT: You're not going to answer my

5 question? Really?

6 MR. COLLINS: Judge, we ask you call the

7 case.

8 THE COURT: You're not going to answer the

9 question as to whether or not there's an outside witness

10 that's available --

11 MS. DODDS: I did answer the question,

12 Your Honor.

13 THE COURT: Well, you answered regarding

14 the complainant Ms. Hutchins.

15 MS. DODDS: Yes, ma'am.

16 THE COURT: But my next question is, is

17 there an outside witness outside of Ms. Hutchins that's

18 available to testify today?

19 MS. DODDS: And I am suggesting to you,

20 Your Honor, I cannot answer questions with regards to a

21 pretrial in this case.

22 THE COURT: Well, you know whether you've

23 talked to a witness on this case outside of Ms. Hutchins.

24 MS. DODDS: I do know. I do know that.

25 THE COURT: So is the answer to that yes

12

1 or no?

2 MS. DODDS: The answer is I will not

3 participate in a pretrial in a case that's already been

4 pled before this very Court.

5 THE COURT: This is not a pretrial. This

6 is trial. Today is trial.

7 MS. DODDS: But you're asking questions in

8 regards to a pretrial.

9 THE COURT: No, no, I'm asking you

10 questions regarding trial. This is trial.

11 MS. DODDS: I'm sorry, for a pretrial.

12 THE COURT: This is a jury trial. We have

13 a jury in the hallway.

14 MS. DODDS: Is this the trial portion or

15 this the pretrial?

16 THE COURT: Well, we have a jury in the

17 hallway that I'm about to bring in --

18 MS. DODDS: Okay.

19 THE COURT: -- I'm trying to find out

20 whether or not the witnesses are available, whether

21 you've talked to them today.

22 MS. DODDS: I'm suggesting to you, Your

23 Honor, that you are -- my understanding is we're

24 participating in a pretrial function.

25 THE COURT: Well, that's an incorrect

13

1 understanding. I am trying to find out if the State is

2 ready to proceed to a jury trial because the jury is in

3 the hallway.

4 MS. DODDS: And I'm suggesting, Your

5 Honor, we can't proceed to a jury trial.

6 THE COURT: It's important that at least

7 you have talked to your witnesses, right?

8 MS. DODDS: I'm suggesting to you I can't

9 participate in a trial.

10 THE COURT: Did you talk to another

11 witness on this case outside of Raven Hutchins today?

12 MS. DODDS: Your Honor, I can't

13 participate --

14 THE COURT: You refuse to answer that

15 question?

16 MS. DODDS: No, ma'am. I can't

17 participate --

18 THE COURT: That's a yes or no. Did you

19 talk to any witnesses --

20 MS. DODDS: I'm sorry, Your Honor.

21 THE COURT: -- I'm not asking you what you

22 discussed.

23 MS. DODDS: I'm sorry, Your Honor, I can't

24 participate.

25 THE COURT: I'm asking you whether or not

14

1 you talked to a witness on this case besides Raven

2 Hutchins on today? Are you going to answer that question

3 or are you refusing --

4 MS. DODDS: -- I'm sorry, Your Honor. I

5 can't participate in a pretrial in this case.

6 THE COURT: It requires a yes or no. So

7 I'll take that as a refusal to say yes or no to that

8 question.

9 MS. DODDS: I'm sorry that's your

10 understanding, Your Honor. That's not what I meant --

11 THE COURT: All right. Well, let's bring

12 in the jury.

13 Ms. Dodds, you are not excused. Ms. Dodds?

14 You are not excused, Ms. Dodds.

15 (Ms. Dodds exits the courtroom)

16 THE COURT: You can bring the jury on in.

17 THE BAILIFF: Would you like me to try to

18 get Ms. Dodds back or no?

19 THE COURT: Yeah, you can try to get her

20 back. If she doesn't come back, we'll bring the jury on

21 in.

22 THE BAILIFF: Judge, I guess she went in

23 the prosecutor's room and the door is locked. She didn't

24 answer.

25 (Brief recess)

15

1 THE COURT: We can bring the jury in.

2 (Prospective jury panel seated)

3 THE COURT: Okay. Counselors, you may be

4 seated.

5 Okay, Mr. Jones, do we have all of our jurors?

6 THE BAILIFF: Yes, ma'am, Judge, all are

7 present and accounted for.

8 THE COURT: Okay, very good.

9 VOIR DIRE BY THE COURT

10 THE COURT: All right. Good afternoon.

11 VENIREPERSON: Good afternoon.

12 THE COURT: How is everybody doing. You

13 look like it's not much good about it if I'm still here

14 and it's after 12:00. I know you guys get here very

15 early in the morning and you wait and wait. You watch

16 the little video. Did you guys watch the video? And you

17 wait for your name to be called so you'll know which

18 courtroom you are assigned to. And your name is called

19 and lo and behold you get here and you wait again out in

20 the hallway.

21 We are actually doing some work in here while

22 you guys are waiting out there. We had one, two, three,

23 four cases set for jury trial today. And we have

24 resolved all of them except for one, and we need you all

25 here to hear that case today.

16

1 This is an assault family violence case. My

2 name is Judge Elizabeth Frizell. Welcome to County

3 Criminal Court Number 11. We hear assault family

4 violence cases in this court as well as cases related to

5 assault family violence, interference with emergency

6 telephone call, sometimes criminal trespass cases,

7 violation of protective order. But the majority of the

8 cases we hear are assault family violence.

9 Every now and then we will get another case in

10 addition to an assault case. For example, if someone is

11 charged with two cases. We may have a DWI and assault or

12 something to that effect or we may have an assault and

13 interference with an emergency telephone call case.

14 In this case we have an assault family violence

15 case for you to hear today, and we have been taking care

16 of matters here in the court while you were out there in

17 the hallway.

18 The State has decided not to participate in

19 this case, but the lead attorney in this case is

20 Ms. Rebecca Dodds. And she was here just a little

21 earlier, and she walked out so she has decided not to

22 participate in the prosecution of this case.

23 The Defense is here however. I have Defense

24 attorneys as well as the Defendant. And what I am going

25 to do is allow them some time to talk to you all. It

17

1 will probably be a shorter Voir Dire than usual because

2 it is only the Defense, but I will allow them to talk to

3 you all. And you can ask any questions that you have. I

4 try to make sure that the attorneys on each case refrain

5 from going into the facts of the case.

6 Obviously there's a dispute as to the facts.

7 That's why we have a jury. That's why you guys are here,

8 and what ends up happening is you disagree on the facts

9 and then you go so much into the case that we're not

10 really just selecting the jury, we're trying the case.

11 And then once we select six jurors, we seat you in the

12 jury box and then we try the case again. So this portion

13 is really just for the attorneys to get a chance to know

14 you and to find out your qualifications as jurors.

15 I think they probably swore you in downstairs;

16 is that right? Okay, let me go ahead and swear you in a

17 second time. If I could have everyone please stand and

18 raise your right hand.

19 (Jury panel sworn by the Court)

20 THE COURT: Thank you. You may be seated.

21 Is there anyone here who did not take that oath? Anyone

22 here who did not take that oath? Yes, sir.

23 VENIREPERSON: I didn't take that oath.

24 You talking about right now or before?

25 THE COURT: No, right now. And that's why

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1 I go ahead and give it here. It could have been somebody

2 that missed it downstairs, so I try to make sure you do

3 it here. The reason I ask that, sometimes people did not

4 take the one right now for religious or personal reasons

5 they just cannot swear in or take any type of oath.

6 If anybody falls in that category -- every now

7 and then I have a panel member that falls in that

8 category. I always like to ask that.

9 Okay. Is there anyone here who cannot sit in

10 judgment of another person for legal or for personal,

11 religious reasons you cannot sit in judgment of another

12 person? Okay. By your silence -- okay, I think I see --

13 is that Ms. Griffin?

14 VENIREPERSON: Yes.

15 THE COURT: Okay. You cannot sit in

16 judgment of another --

17 VENIREPERSON: I would rather not. I'm

18 not going to say I can't but I would rather not.

19 THE COURT: And I can understand that, and

20 I'm sure probably everyone if not most of the people on

21 the panel would rather not. This is a misdemeanor court.

22 We select six jurors. In felony courts, they select

23 twelve jurors. So six of you would have to sit in

24 judgment to make a determination on guilty or not guilty.

25 If you happen to be one of the six, would you

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1 be able to render a verdict either guilty or not guilty

2 based on the evidence and the law that you receive?

3 VENIREPERSON: I would say yes.

4 THE COURT: You could do that, but you'd

5 rather not be in that position. Okay. But you're not

6 saying there's some personal or religious reason why you

7 just cannot?

8 VENIREPERSON: No.

9 THE COURT: Okay. And I'll take note of

10 the fact that you'd rather not and we'll talk to you a

11 little bit further about that in just a moment.

12 Okay. Anyone else who cannot for religious or

13 personal reasons cannot sit in judgment of another

14 person?

15 Okay. Because that is exactly what you will be

16 called upon to do. For the six of you that are selected,

17 you are the judges. You are the judges of the facts.

18 You can believe some of the testimony, all of the

19 testimony or none of the testimony.

20 I'm the judge of the law. I will rule on

21 objections. I will call the balls and strikes to make

22 sure the Rules of Criminal Procedure, Rules of Criminal

23 Evidence are followed. I also give you the law that

24 applies in this case. But you all determine the

25 credibility of the witnesses, the weight to be given to

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1 the testimony that you hear in this case.

2 Okay. I will -- has anybody here ever served

3 on jury duty before? One person, two, three, four, five,

4 six, okay, seven. A few of you have served before.

5 Anybody that's served on a criminal case? One,

6 two, three -- okay, a few of you. What about civil? Has

7 anyone served on a civil case? Okay. A few of you have.

8 Has anyone ever served on a Grand Jury? No. Okay.

9 All right. Some of you that have served before

10 may be a little bit familiar with the process. Those of

11 you that have not, I will go over some additional

12 instructions in just a moment. But, before I do that, I

13 want to go ahead and turn it over to the Defense. Let me

14 just introduce the Defense Attorney to you.

15 Directly in front of me is Mr. Loren Collins.

16 MR. COLLINS: Good morning or good

17 afternoon.

18 THE COURT: Mr. Collins is the Defense

19 Attorney in this case representing the Defendant. He is

20 going to talk to you in just a moment. And I hope I

21 didn't say that too soon. Are you doing voir dire or is

22 your --

23 MR. COLLINS: Judge, I think Mr. Knabe is

24 going to do the voir dire.

25 THE COURT: Mr. Knabe is going to do the

21

1 voir dire, so let me go ahead and introduce Mr. Knabe.

2 MR. KNABE: Good morning, everyone --

3 afternoon.

4 THE COURT: And Mr. Knabe will -- we call

5 it voir dire our jury selection. The lawyers and judges

6 refer to it as voir dire. Mr. Knabe will conduct the

7 jury selection portion, and then you'll hear from

8 Mr. Collins later on during the week during the trial

9 when the witnesses are called to the stand.

10 And between them is the Defendant in this case,

11 and her name is Ms. Latoya Scott.

12 THE DEFENDANT: Good evening -- good

13 afternoon, I'm sorry.

14 THE COURT: Ms. Scott has been charged

15 with assault family violence, and I am sure the Defense

16 is going to go over the elements of what is required to

17 be proven to prove a case of assault family violence.

18 And if you notice I worded that in a certain

19 way. I said Ms. Scott has been charged with assault

20 family violence. Ms. Scott has been charged with assault

21 family violence. Anybody have any guesses on why I

22 worded it that way? Been charged with assault family

23 violence.

24 Say that again. I think Mr. Patrick -- is it

25 Patrick or Eversole?

22

1 VENIREPERSON: It's both.

2 THE COURT: Patrick-Eversole. I saw the

3 hyphen. Patrick-Eversole. Say that again a little

4 louder.

5 VENIREPERSON: It hasn't been proven yet.

6 THE COURT: It hasn't been proven yet,

7 right. So right now what do we know about the case?

8 Absolutely nothing, right? Because the six of you

9 haven't been selected to hear any of the evidence at all.

10 So, if you had to vote right now, how would you vote?

11 Guilty or not guilty?

12 VENIREPERSON: Not guilty.

13 THE COURT: Not guilty. And why is that?

14 Because you don't know anything about the case, right?

15 Once the trial begins, of course, you'll start to hear

16 the evidence. Then at the end of the trial, the State

17 and Defense rest then you would have to make a decision

18 as to guilt or innocence whether or not you believed the

19 State proved their case beyond a reasonable doubt.

20 At this point we don't know anything about the

21 case. And I say that so that you will keep an open mind

22 until you hear all of the facts of the case from both

23 sides, the State and the Defense so that is very

24 accurate.

25 I'm sure the Defense will appreciate you all

23

1 speaking up as much as possible. This is the only time

2 they get a chance to get to know you, and it's helpful to

3 them the more you respond so they understand what you are

4 thinking, your ideas, your impressions. Any questions,

5 you can ask now. You won't be able to talk to the

6 attorneys once you are seated in the box. Any comments

7 if you don't understand their question or any comments

8 regarding what they're asking you, you can definitely say

9 that now. This will be the only time for you to do that,

10 so I'm sure they will appreciate if you speak up as much

11 as possible.

12 Is there anyone here who has not understood

13 everything that I have said so far? Sometimes I have

14 someone who may have a hearing problem, and we need to

15 turn up the volume a little bit when we speak. Sometimes

16 I may have someone who has a language barrier who

17 understands some English but maybe not everything that I

18 am saying. Anyone that falls in that category? Yes,

19 sir?

20 VENIREPERSON: Okay, now, English is -- I

21 understand everything but when I speak, you know, some

22 words...

23 THE COURT: Okay. Have you understood

24 everything I've said so far?

25 VENIREPERSON: Yes, yes.

24

1 THE COURT: You have. Okay.

2 VENIREPERSON: I was before --

3 THE COURT: Okay. And we'll talk to you

4 again later just to make sure after the attorney talks

5 you've understood everything he's saying. It sounds like

6 you understand some English; you read and write in the

7 English language.

8 VENIREPERSON: That's my problem, the

9 writing.

10 THE COURT: You write some English?


12 THE COURT: Okay. If there were documents

13 that were introduced into evidence --


15 THE COURT: -- you'd be able to read that?

16 Okay.

17 All right. And throughout our trial our

18 Official Bailiff is to my immediate left, Mr. Mike Jones.

19 THE BAILIFF: Good afternoon, ladies and

20 gentlemen.

21 THE COURT: Mr. Jones, will be the

22 official contact person. If you have any questions or

23 concerns throughout our voir dire selection or throughout

24 the trial, just like he brought you into the courtroom,

25 when you are selected for the jury, he will take you back

25

1 to the deliberation room and bring you back out.

2 If up until the time we select the jury, you

3 have a question or concern, you can address that to him.

4 If there's a matter I need to take up, I will talk to you

5 individually about it. In fact, if there's anything that

6 someone wants to talk to me about personally, you don't

7 feel comfortable speaking in front of the entire group,

8 you can raise your hand and say, Judge, can I come up at

9 the end; and I will call you up at the end and we can

10 talk about that matter or those matters.

11 As well our Official Court Reporter is to my

12 immediate right, Ms. Vearneas Faggett. And she cannot

13 say good afternoon, because she is furiously writing

14 everything that I say.

15 I have a tendency to speak pretty fast, and

16 she's very good so she's able to keep up with me; and she

17 will keep up with you if you talk fast, so don't worry

18 about that. She cannot keep up with you if she can't

19 hear you. So I'm going to ask if you'd speak in a little

20 louder than a normal speaking voice.

21 Most of the times when we talk, the sentence

22 starts off loud and then towards the end it starts to

23 wane; and she might not hear what you are saying at the

24 end. It may sound loud to you but if you will try to

25 keep your voice up from the beginning to end of your

26

1 sentence, especially on the back row. It's a little more

2 difficult to hear when you are on the back row. Once the

3 trial begins, the witness is right next to her, so it's a

4 little easier to hear.

5 She may ask you to repeat what you said. She's

6 not trying to get you to change anything. Just repeat it

7 as closely as you can, so she can make sure that the

8 record is accurate.

9 Okay. And at this point, I will turn it over

10 to the Defense, Mr -- am I pronouncing this right?

11 Knabe?

12 MR. KNABE: You are. Knabe.

13 THE COURT: Mr. Knabe, you may proceed.

14 MR. KNABE: Thank you very much, Your

15 Honor.

16 VOIR DIRE BY THE DEFENSE

17 Good afternoon, everyone. I don't believe I

18 will be taking a long part of your afternoon. However, I

19 have just a few very important questions to ask.

20 I'm going to start off with Ms. Jordan. How

21 are you today?

22 VENIREPERSON: Good.

23 MR. KNABE: What kind of practice do you

24 have?

25 VENIREPERSON: Kind of a broad based

27

1 practice.

2 THE COURT REPORTER: Could you speak up,

3 please.

4 VENIREPERSON: Kind of a broad based

5 practice.

6 MR. KNABE: Have you ever done criminal

7 before?

8 VENIREPERSON: I haven't done criminal

9 before.

10 MR. KNABE: It's a unique part. It's kind

11 of fun.

12 You know any controversy in a court there are

13 two parties, right? In a civil case, you have a

14 preponderance of the evidence, is that right? We're

15 talking about money issues generally speaking, right?

16 As an attorney are you familiar with what the

17 burden of proof is in a criminal case?

18 VENIREPERSON: Beyond a reasonable doubt.

19 MR. KNABE: Who has that burden?

20 VENIREPERSON: The State has the burden.

21 MR. KNABE: The State. So unless and

22 until the State presents evidence to prove tending to

23 show an Information or Indictment is proven beyond a

24 reasonable doubt, there's only one verdict, right? And

25 really that's the same question the Judge asked everyone

28

1 earlier. That verdict is not guilty.

2 And if after the six you get taken through this

3 trial and you get chosen and called upon to present

4 evidence, no evidence is proven, no evidence is even

5 shown, there will be one verdict and one verdict only,

6 and that will be not guilty.

7 Now in the odd chance that something else

8 happens, I do want to talk to you very briefly about a

9 couple of other things. First of all, there's a

10 presumption of innocence. Everyone understands in

11 America you are presumed innocent until proven otherwise.

12 Whatever they do in Russia or what they do in the Ukraine

13 is different, okay.

14 In America you are innocent until somebody

15 decides to try and prove otherwise and does so beyond a

16 reasonable doubt, okay. That's why this is a not guilty,

17 okay, if they don't prove it beyond a reasonable doubt.

18 Now, if they do prove it beyond a reasonable

19 doubt, you understand this case is an assault family

20 violence case. The allegation is that essentially the

21 elements of the charge are intentionally, knowingly, and

22 recklessly causing bodily injury to another and that the

23 Defendant has had a dating relationship with the other

24 person or that the Defendant was a member of the other

25 person's family and household, okay. That's how you get

29

1 to a family violence kind of dispute, okay.

2 That's what the State would try to prove. If

3 they were to try to prove this case beyond a reasonable

4 doubt, they have to bring you evidence not only that an

5 assault occurred but that it occurred between what are

6 essentially family members according to that definition.

7 And everybody understands that, right?

8 So the assault case is bodily injury. They

9 have to prove that. That's an element of the charge.

10 And that if you do decide that this case was proven

11 beyond a reasonable doubt, you heard enough evidence that

12 the State had proven this case beyond a reasonable doubt

13 and I'm just for argument sake here I'm going to say that

14 happened and you returned a verdict of guilty, okay.

15 At that point, the Defendant has elected to go

16 to the jury for punishment. So you would actually be

17 assessing punishment in this case, if you were to ever

18 get that far, okay.

19 The punishment range on a Class A Misdemeanor

20 is up to a year in the county jail. Does anybody have a

21 problem with that? By your silence, I'm going to take

22 that as no. You can consider the minimum all the way

23 from zero all the way up to a year in the county jail for

24 that charge. You can also consider the entire range,

25 right?

30

1 There's also an election of probation. That

2 means the Defendant has elected and has filed --

3 THE COURT: Application.

4 MR. KNABE: -- application for probation.

5 Thank you very much, Your Honor. It's been an

6 interesting morning. An application for probation. And

7 so if you were to find beyond a reasonable doubt that the

8 State did prove this case somehow, would you also be able

9 to consider probation? That's a generic yes.

10 So you can consider the full punishment range

11 all the way from nothing and zero dollar fine all the way

12 up to a year in the county jail, a fine up to $4,000, I

13 believe it is, and also probation, okay. You all can

14 consider the whole range of punishment?


16 MR. KNABE: All right. I think that's all

17 I have, Your Honor.

18 THE COURT: Okay. All right. Ladies and

19 gentlemen, generally what would happen is the State would

20 go first. The State has the burden of proof, so they

21 have the right to do what we call open and close. That

22 just means they go first and they go last.

23 So, generally, at this point the State would

24 have already talked to you and concluded their voir dire

25 before we even get to the Defense; but because they are

31

1 not here, we do not have them to talk to you and only the

2 Defense. So this was a little shorter than it usually

3 is.

4 So what I am going to do is have you all step

5 out into the hallway. If you all want to take a quick

6 break, you can. I'm going to ask that you not take more

7 than ten minutes. Just a quick rest room break, because

8 I will probably bring you all back in after that. So you

9 all are excused. It's 12:55. You are excused now for

10 about ten minutes. And if you'd just reassemble

11 somewhere close to the door, the bailiff will come out

12 and give you additional instructions.

13 (Jury panel exits)

14 THE COURT: Okay. Well, just like they

15 are taking a break, I guess you guys can, too. We'll

16 take about a ten, fifteen minute break and I'll be back

17 in just a minute.

18 (Recess taken)

19 (Open court, defendant and prospective

20 jury panel present)

21 THE COURT: Okay. Counselors, you may be

22 seated. And I know it is a little after 1:00 o'clock,

23 and I am assuming that you all have not had lunch yet.

24 Is that a correct assumption?

25 VENIREPERSON: Yes, ma'am.

32

1 THE COURT: Okay. So, before we go any

2 further, I'm going to go ahead and let you guys have

3 lunch. I know the cafeteria closes at 2:00. If you want

4 to eat in this building, there's a cafeteria on the

5 basement floor and there's a snack bar on the second

6 floor, which is the main floor that you came in on.

7 I need everyone back here at 2:30. If you want

8 to leave the building, I don't have a problem with that,

9 but please be aware that they make you pay twice when you

10 come back as far as if you parked in the garage. So a

11 lot of people try to stay here for lunch; but I'm fine if

12 you want to leave and you can get back by 2:30. I would

13 probably try to stay in the building, if you can. And

14 then when you all come back at 2:30, if you will wait out

15 in the hallway. The Bailiff will come out and get you

16 and bring you back in.

17 I know the State was supposed to participate in

18 this trial, and I still do not have their participation

19 at this point. So I'm hoping I'll have further

20 information for you when you come back at 2:30.

21 That having been said, you guys are excused

22 until 2:30. You have a good lunch, and I will see then.

23 (Jury panel exits)

24 THE COURT: All right, counselors, I will

25 see you at 2:30.

33

1 (Lunch recess)

2 (Open court, Defendant and prospective

3 jury panel present)

4 THE COURT: Okay. You may be seated. All

5 right, Mr. Jones, do we have all of our jurors? It looks

6 like we do. Is anybody missing someone who was sitting

7 next to you earlier? No? I think we have everyone.

8 THE BAILIFF: All present, Judge.

9 THE COURT: Okay. You guys have a good

10 lunch?

11 VENIREPERSON: Yes, ma'am.

12 THE COURT: Very good. You had lunch here

13 in the building?


15 THE COURT: All right. How was it?

16 VENIREPERSON: Still standing.

17 THE COURT: Still standing. All right.

18 Well, we were supposed to have a full afternoon this

19 afternoon. Obviously, we can't proceed without the

20 State. The State is the one that brings the charges and

21 presents the evidence, and I thought that maybe I would

22 get additional information over the lunch break as to why

23 they are not present.

24 They were present earlier this morning, and I

25 really haven't gotten any additional information since

34

1 the time that you left. I was hoping that I would. So I

2 hate to do this to you, but I am going to have to ask you

3 to come back tomorrow morning at 9:30. I see the looks

4 of excitement because you are so excited about being

5 selected for jury duty. Potentially you will be one of

6 those six, and that may happen tomorrow. I was hoping we

7 could conclude Voir Dire in one day. Usually, we do.

8 This is -- actually, out of the eight years

9 I've been on the bench here -- I was a judge for nine

10 years before -- been practicing down here at the

11 courthouse, the criminal court, for twenty years, this is

12 first time I ever had this happen.

13 So the State just did not appear for this

14 particular case, and I need to get some explanation as to

15 why or whether or not they intend to proceed.

16 Until then, I need you all to come back

17 tomorrow morning. So, if you would appear here at 9:30

18 tomorrow. If you would do something for me and just wait

19 out in the hallway like you did this morning. The

20 bailiff will come and get you and bring you all in

21 together. I would appreciate it. So, I'll see you guys

22 here 9:30 tomorrow morning. You guys have a good

23 evening. Once again, I apologize. Hopefully, we can get

24 this resolved tomorrow.

25 Yes, sir, you are free to go. Yes, sir?

35

1 VENIREPERSON: Do we keep our badge or do

2 we have to turn them in?

3 THE COURT: I would say go ahead and keep

4 your badge. If you don't mind, if you would wear it

5 tomorrow. You only have to have it on when you're in the

6 building or in the parking garage. Other than that, you

7 don't have to have it on. When you get into the building

8 or the garage, if you'd just clip it on, I'd appreciate

9 it. That way when you are sitting out there in the

10 hallway in the morning, we'll know you're jurors for our

11 court.

12 Yes, sir?

13 VENIREPERSON: Will we get a note for one

14 day, both days?

15 THE COURT: Yes, you will get a note for

16 today and tomorrow. Yes, sir, you sure will. All right,

17 thank you all so much.

18 VENIREPERSON: -- parking garage

19 validation.

20 THE COURT: Validation for the parking

21 garage? If you will check with the Grand Central Jury

22 Room downstairs, the main room you came into, they can

23 provide that for you. All right. Thank you, sir.

24 (Jury panel adjourned for today)

25 THE COURT: Okay. Counselors, I'll see

36

1 you all at 9:30 tomorrow morning.

2 MR. COLLINS: Thank you, Judge.

3 (Court adjourned)

4 (End of proceedings)

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37

1 STATE OF TEXAS &

2 COUNTY OF DALLAS &

3

4 I, Vearneas W. Faggett, Official Court Reporter in

5 and for the County Criminal Court No. 11 of Dallas, State

6 of Texas, do hereby certify that the above and foregoing

7 contains a true and correct transcription of all portions

8 of evidence and other proceedings requested in writing by

9 counsel for the parties to be included in this volume of

10 the Reporter's Record in the above-styled and numbered

11 cause, all of which occurred in open court or in chambers

12 and were reported by me.

13 I further certify that this Reporter's Record of the

14 proceedings truly and correctly reflects the exhibits, if

15 any, offered by the respective parties.

16 I further certify that the total cost for the

17 preparation of this Reporter's Record is $ 190.00 and

18 will be paid by Mr. David Finn.

19 WITNESS MY OFFICIAL HAND this the 19th day of

20 September, A.D., 2014.

21 /s/Vearneas W. Faggett VEARNEAS W. FAGGETT, CSR# 3129

22 Official Court Reporter County Criminal Court No. 11

23 Dallas County, Texas 133 N. Riverfront Blvd.

24 Dallas, Texas 75207 Telephone: 214.712.5078

25 Expiration: 12/31/2015

38

1 D I S C L O S U R E

2 Note: Supreme Court Rule Adopted and Promulgated in

3 Conformity with Chapter 52 of the Government

4 Code, V.T.C.A

5

6

7 Please be advised that pursuant to Supreme Court

8 Rule IV, B.5., with regards to disclosure, I, to the best

9 of my knowledge, have no existing or past financial,

10 business, professional, family or social relationships

11 with any of the parties or their attorneys which might

12 reasonably create an appearance of partiality, except as

13 follows: NONE.

14

15

16

17 /s/Vearneas W. Faggett VEARNEAS W. FAGGETT, CSR #3129

18 Expiration: 12/31/15 County Criminal Court No. 11

19 Frank Crowley Criminal Courts Bldg. 133 N. Riverfront Blvd.

20 Dallas, Tx 75207

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Documents

Becky Dodds & Judge Frizell - round 1