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BUSC 116 Multi-voice # 3
Trial Transcript Due 2 weeks from assignment date
Fill out a worksheet.
Write the following to your notes, and then transcribe your notes using the court
format.
Counsel for the People have ordered the transcript. You contacted the defense and they
do want a copy. You will, of course, keep a copy of this transcript on your computer or
auxiliary backup because if the defendant if found guilty, she will most likely appeal and
you will then need to prepare the appellate transcript. This transcript is just for counsel's
use. The People are intending to use the transcript to file a motion, so they have ordered
Original and 1 copy. They will file the Original with the motion for the court, retain one
copy for themselves, and the Defense have purchased one copy. You need to bill the
District Attorney's Office for O & 1 and the Public Defender's Office for 1 copy.
BUSC 116 Project # 3 Information for Worksheet
People vs. Judy Jean Gordon
Date: April 1, 2002 9:30 a.m.
Division L Comptom
Judge Reginald Trotsky
Jacob Smyth, Deputy District Attorney
Susan P. Jones, Deputy Public Defender
Grand Theft
Now imagine you are sitting in the courtroom. Because the Municipal and Superior
Courts have merged, the same Judge that heard the preliminary hearing will remain the
Judge on the case for the trial. The jury has been selected. Trial is about to begin.
Key in the following: (The formatting has been removed, but you may find some
suggestions in parentheses. Look for appropriate parentheticals in the manual.)
THE COURT: Good morning, ladies and gentlemen. Good morning, counsel. Mr.
Smyth, you may proceed with your opening statement.
MR. SMYTH: Thank you your honor. Ladies and gentlemen of the jury, this is a very
simple case. We intend to prove that the defendant, Judy Gordon, committed the act of
grand theft by stealing a computerized stenotype machine worth $10,000 from one of her
fellow classmates at court reporting school. She was caught concealing said property and
is the only one who had access. This is an open and shut case. Thank you very much.
THE COURT: Miss Jones?
SUSAN JONES: Reserve our opening statement your honor.
THE COURT: Very well. Proceed.
MR. SMYTH: Call Dana Pipkin to the stand. (she walks up to the stand, the clerk
swears her with the exact words that follow. Clerks tend to use the exact same words
every time, so after you've written the oath as they give it once, you can just insert your
blurb with your SWORPB/SWORPB)
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THE CLERK: Raise your right hand. You do solemnly swear that the testimony you are
about to give in the cause now pending before this court shall be the truth, the whole truth
and nothing but the truth so help you God?
PIPKIN: I do.
THE CLERK: State your full name and spell your last name for the record.
DANA PIPKIN: Dana Pipkin, P I P K I N.
(Here is where you start thinking. The proceedings just happen in sequence. What do
you need in your transcript? What do you need in your notes?)
MR. SMYTH: Miss Pipkin -- is it Miss or Mrs. Pipkin?
PIPKIN: Miss.
Q
On or about January 1st of this year, were you a court reporting student at Cerritos
College? A Yes. Q And did you own a Stentura 8000 stenotype machine? A I
did. Q
And was said machine taken -- M. JONES: Objection your honor.
Leading the witness. THE COURT: Sustained. SMYTH Q: Would you tell us in your
own words what happened that day? A I left my machine in the tape lab to go to the
ladies room, and when I returned it was gone. Q And who had been in the practice
room with you?
A
Only Judy Gordon, and she was gone also.
SMYTH: No further questions.
THE COURT: Ms. Jones.
JONES: Thank you your honor. Q Miss Pipkin, did you see Miss Gordon take your
machine? A No.
JONES: Nothing further. THE COURT: May the witness be
excused? SMYTH: We'd ask that she remain outside the courtroom available for recall.
THE COURT: Very well. Miss Pipkin, please remain outside the courtroom until you
are excused.
PIPKIN: Okay.
something like this is proper here:
(The witness, having been excused, stepped down from the witness
stand and exited the courtroom.)
Remember, you are the eyes and ears of the reader. ALL actions should be documented.
The reader actually should know when someone leaves the stand and distinctly when they
leave the courtroom in case that information is needed later. If the attorneys are to
argue about what a witness heard before being recalled, it would be very important
information to know that they waited outside the courtroom versus inside it.)
SMYTH: Call Harris O'Grady. (officer enters, is sworn by the clerk, and answers as
follows:) I do, yes.
THE CLERK: State your full name and spell your last name for the record.
A
Harris O'Grady. O G R A D Y.
THE COURT: Proceed, counsel.
SMYTH: Officer O'Grady, did you make a traffic stop on January 1st, 2002?
A
Yes.
Q
Do you see the person you stopped in the courtroom?
A
Yes.
Q
Would you please point that person out?
JONES: Your Honor, may I take the witness on voir dire?
THE COURT: Yes, you may.
JONES: How long have you been an officer?
A
Ten years.
JONES: That's all.
SMYTH: Tell us in your own words what happened.
A
The lady was looking somewhat suspicious -JONES: Object.
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THE COURT: Sustained. Just tell us exactly what you saw.
A
I saw the defendant with an unusual bulge in her coat.
SMYTH:
And what did you do then?
A
I asked her to open her coat and show me what was creating the bulge. When she
did so, I found a stenotype machine concealed which was later determined to belong to a
Dana Pipkin.
SMYTH: Thank you. Nothing further.
JONES: Is it at all possible that someone else may have taken the machine and asked
Miss Gordon to hold it for them?
A
I suppose it is possible.
JONES: Nothing further.
THE COURT: You may step down. (witness steps down and leaves the courtroom)
SMYTH: People rest.
JONES: Thank you your honor. Ladies and gentlemen of the jury, it is an unfortunate
position Miss Gordon finds herself in. Her boyfriend at the time, Tim Darby, came to her
with a present on January 1st. He brought her a stenotype machine. Miss Gordon will
tell you she was so happy, she wanted to carry it with her all day, and that is the reason
she has it under her jacket. She was enjoying her gift. True, it is a little unusual to have
it under her jacket, but the evidence will show that she knew nothing of the theft and
thought that Tim had given her a wonderful gift. Our evidence will show after Miss
Gordon was arrested, Tim and Judy broke up and Tim mysteriously left town and we
have been unable to locate him. Now Miss Gordon realizes that Tim stole that machine,
but she is innocent of all charges. Thank you.
THE COURT: Proceed.
JONES: Call Judy Gordon.
(blurb for defendant taking the stand and testifying on her own behalf)(and the
examination…)
Q
Miss Gordon, did your boyfriend Tim -SMYTH: Objection. Leading.
THE COURT: Sustained.
JONES: I'll rephrase that your honor.
Did you have a boyfriend named Tim?
A
Yes.
Q
Did he give you a gift on January 1st?
A
Yes.
Q
What was that gift?
A
A stenotype machine.
Q
Were you arrested for having that machine?
A
Yes.
Q
Did you know that it was stolen?
A
No, I didn't.
Q
What happened after you were arrested?
A
Tim broke up with me and disappeared.
JONES: That's all the questions I have.
SMYTH: No questions.
THE COURT: You may step down.
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(defendant leaves stand….)
MS. JONES: The defense rests.
MR. SMYTH: No rebuttal.
COURT: Ladies and gentlemen, we are going to take a recess at this time. You are
excused for half and hour. Counsel, please return in 15 minutes so we can discuss
instructions.
(recess)
(proceedings outside presence of jury -- look for the blurb)
THE COURT: Counsel, do you have any jury instructions to submit?
MS. JONES: Your honor, I'd like to request CALJIC 3.02 and 4.61.
MR. SMYTH: No objection. I'd request CALJIC 7.03.
MS. JONES: No objection.
THE COURT: Very well. Bring in the jury.
(proceedings held in open court in the presence of the jury -- look for the blurb)
THE COURT: Counsel.
MR. SMYTH: Thank you your honor. Ladies and gentlemen, as the evidence has
shown, Mrs. Gordon was caught red-handed with the stolen machine. Her story is not
plausible. Why would she be concealing such a fine gift? I know you will do the right
thing and return a guilty verdict. Thank you.
MS. JONES: Ladies and gentlemen, the prosecution has the burden of proof, and
therefore they get to speak to you again. This is my one chance. I want you to look
really hard at the evidence. You heard Miss Gordon. You can judge by her demeanor
that she is telling the truth. She is not a criminal in this case; she is a victim. Mr. Darby
is the guilty party here and because he cannot be found, the prosecution is bent on putting
someone in jail and therefore they have gone after Miss Gordon. I trust you can see
through the dirt that has been thrown up around her to the real truth: she is innocent. I
know you are smart enough and strong enough to vote not guilty in this case. Thank you.
MR. SMYTH: Mrs. Jones is correct in that the People have the burden of proof in this
case. I agree. You saw Miss Gordon testify and you are smart enough to judge whether
or not she is telling the truth. Mr. Darby and his "gift" are a figment of Miss Gordon's
imagination -MS. JONES: Your honor, there is no evidence to that effect.
THE COURT: Sustained. Mr. Smyth, please stick to the evidence.
MR. SMYTH: Thank you, your Honor. We submit there is more than enough evidence
to prove that Miss Gordon is the perpetrator. She was in the lab with Miss Pipkin. When
she disappeared, the machine disappeared -- the same machine that was found concealed
on Miss Gordon when Officer O'Grady questioned her. Thank you for your
attentiveness.
THE COURT: Ladies and gentlemen, it is now my duty to instruct you on the law which
applies in this case.
The People have the burden of proof. In a criminal case you must come to a
unanimous verdict of guilty or not guilty. If you do not come to a unanimous verdict, a
mistrial will be declared and the case very possibly will be retried.
In a criminal case the burden of proof is beyond a reasonable doubt. That means
not just an imaginary or possible doubt, but such doubt wherein you are convinced to a
moral certainty of the guilt of the defendant.
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The People must prove each and every element of the charges. The Defendant is
presumed to be innocent until the contrary is proved. The Defendant has no burden to
present any evidence. If the People do not prove their case, the Defendant need not
produce any evidence in order for you to find a verdict of not guilty. However, once the
People have produced enough evidence to lead you to believe the defendant is guilty, the
Defense then can produce evidence to convince you otherwise, and Miss Gordon took the
stand in this matter on her own behalf.
You shall now retire to commence your deliberations. You shall select a
foreperson. When you have reached a verdict, you will have the foreperson sign the
verdict and inform the bailiff you are done. You will then be brought back into court and
the verdict will be given to the Court. Once the Court has read the verdict silently, the
verdict will be handed to the clerk of the court who will read the verdict in open court.
You may retire to the jury room at this time.
(jury retires to commence deliberations)
(following proceedings in open court in the presence of the jury…)
THE COURT: The Court notes that the People are present, the defendant and her
counsel are present, and the jury are present. Have you reached a verdict?
THE FOREPERSON: Yes.
THE COURT: Please hand it to the bailiff. Mr. Clerk, will you read the verdict.
THE CLERK: In the matter of the People of the State of California versus Judy Jean
Gordon. Verdict. We, the jury in the above-entitled action, as to the charge in Count 1,
find the defendant, Judy Jean Gordon, guilty of the crime of Grand Theft. Signed Jane
Carson, Foreperson, April 1, 2002.
THE COURT: Ladies and gentlemen, is that your verdict?
(The jury answers in the affirmative.)
MR. SMYTH: Waive polling of the jury, your Honor.
MS. JONES: So waived.
THE COURT: Ladies and gentlemen, thank you for your service in this matter. You are
excused at this time.
(jury leaves -- need a blurb)
THE COURT: Counsel, sentencing in two weeks, Monday, April 15th, this department
at 8:30 a.m.
MR. SMYTH: Thank you your honor.
MS. JONES: Yes, your honor.
(proceedings recessed until that time….)
(This is a trial transcript ordered, so it will have a title page, an index, and a reporter's
certificate. This same material will later be re-made into an appeal by adding a cover,
the appropriate appeal certificate AND removing the parts that are not included in the
NORMAL RECORD ON APPEAL.)