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RATCHFORD: Your Honor, my reading of the motion, basically it is trying to ferret out the defense’s theory or whatnot, trying to limit who, if anyone, the defense can turn the Court’s or the jury’s attention to when - before our pre-trial conference last week and our discussions as far as Mr. Factually stated in the case any evidence calculated to throw light upon the crime charged should be admitted, you know, pursuant to the rules, but I think that’s the kind of rule that should go THE COURT: All right. HAMLIN: Your Honor, the State also filed a motion, January 24, 2011 about a motion in limine concerning polygraph evidence. So we would be asking that the defense not be allowed to elicit, mention, whether jury selection, openings, anything in regard to that investigation. RATCHFORD: Your Honor, that goes directly to the credibility of each witness. If it doesn’t pertain to them, it doesn’t pertain to them, but to basically limit the defense saying you can’t even mention the fact that the entire lab - the entire lab - is under investigation is impermissible. HAMLIN: Your Honor, the State would understand that if these tests were actually done back during the time period that they had this investigation but they didn’t, and also if you are permitting them to ask these witnesses about the investigation, if they are familiar with it, if they are involved, we would ask that that be done outside the presence of the jury. So I don’t see that as an issue unless the door gets opened by somebody or the witness was actually involved in it but I think it is permissible to ask the witness 9 -10 if they were involved in any type of investigation concerning the lab report or its credibility, et cetera. Only those of you seated in the jury box will be answering questions. (Whereupon, jury selection commenced.) THE COURT: When we take any type of recess whether it is for lunch or for a break in the afternoon or morning or at the end of the day remember those instructions you have already been given. You are not to do any research or any investigation on your own or visit the scene for the purpose of making an investigation.
If it appears to be of such nature that it would be incoherent or inconsistent, then the State may have to make a choice of whether or not they want to play it or whether we want to open the door. This one specifically deals with the State Bureau of Investigation, North Carolina, precluding the defense from mentioning or listing any information regarding the recent investigation into the independent reviews of the North Carolina State Bureau of Investigation. I think it’s just such a new issue there hasn’t been anything actually published at this point. There is no evidence of any investigation unless you have somebody to call to testify that there was an investigation and they were involved. Now you are not to impart that one side has an advantage over the other side by virtue of the procedure that the Court uses to conduct a trial. It is just the most efficient way to conduct a trial. You can’t have any contact or communication with any of the participants or interested parties.
In any event, don’t speculate on what’s going on regarding matters that you are excluded from.
So you may be escorted to the jury room or the Court may conduct a bench conference.
The record should reflect I have now received a witness list from the defense. You are not to read, watch or listen to any media accounts, visit the scene or make any type of independent investigation or inquiry.
STETZER: Obviously based on the caption I called, the State would move to join these offenses for trial today. Witnesses will be placed under oath for you and questioned by the attorneys. Dale’s Superette is a gas station/store/bait shop, everything, that you stop at right before you get to the boat landing.
The evidence generally speaking will come in the form of testimony from the witness stand.
Kincaid, Judge Presiding, commencing on the 14th day of March, 2011, in Gaston County Superior Court, the following proceedings were had, to wit: Present and appearing for the State was William Stetzer and Stephanie Hamlin, Assistant District Attorneys, Gastonia, North Carolina. You are not to visit the scene or make any type of independent investigation on your own. We normally break for lunch between and and then we take an afternoon recess around or .
Present and appearing for the Defendant were Brent Ratchford and David Phillips, Attorneys at Law, Gastonia, North Carolina. If anyone does attempt to contact you, please let your courtroom sheriff know immediately. It is a contemptible offense because the parties, witnesses, attorneys and other interested parties present have been instructed and are instructed by the Court not to have any contact with you, come near you, get on an elevator with you, or be even close enough where you might overhear them talking about something. Now the breaks that you actually get may end up being longer than those that the Court takes simply because we will try to schedule any of these matters that are about procedure or law that have to be heard around the break time so your receiving evidence won’t be constantly interrupted. We are, in fact, dealing with human schedules and therefore things change.
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF GASTON 0 STATE OF NORTH CAROLINA, ) ) TRANSCRIPT OF TRIAL VS ) ) MARCH 14, 2011 MARK BRADLEY CARVER, ) ) PAGES 1 - 24 Defendant. Again during the course of the trial there are those rules that you must comply with. You may not form or express any opinions about the guilt or innocence of the defendant, whether you believe or disbelieve a witness or as to what your findings ought to be.