2Pac Trial Day 1 Recap: Keefe D Waives Jury Sentencing If Found Guilty!

[00:00:00] Speaker 1: that we wanted to talk about about the jury selection protocol because it is different from how we usually do it i got it no okay mr davis my understanding is that um mr samt has made you aware that you have the right to have the jury sentence you if they come back on a first degree murder verdict um and you have decided to waive that right is that correct okay so what that means is when i am talking to the jurors i'm not going to tell them what the potential penalties are for first degree murder additionally i'm not going to ask them if they can um abide by those penalties and come up with a sentencing agreement or sentence sentencing decision and then at the end of the day if that is the verdict it would be me sentencing you on that as well as the enhancement is that your understanding of everything that would happen given this waiver yeah so in general the defense would have or sorry the um jury would be able to sentence you on the first degree murder portion that carries either 20 years to life or 20 to 50 years 20 to life or life without the possibility of parole in any case if there's an enhancement and in this case there are two enhancements there's both the gang enhancement as well as the deadly weapon enhancement that is left up to the judge in this case if it's a first degree murder that has to be an equal and consecutive 20 uh to life sentence or life without the possibility of the possibility well 20 to 50 sentence 20 to life or life without the possibility of pool so that would be up to the judge sentencing no matter what the jury i'll give you a moment to consult with mr [00:01:53] Speaker 2: i have a question while they're talking because you intend to panel in panel 36 is that eight and two [00:02:00] Speaker 1: instead of eight and one yes so it's ten yeah so i'll go over yeah the general guidelines at this point [00:02:15] Speaker ?: once i finish with the canvas [00:02:29] Speaker 1: once i finish with the canvas [00:02:44] Speaker 3: okay mr davis um do you understand then what we've gone over any other questions i can answer at [00:03:00] Speaker 1: this time all good okay and you wish to waive the your right to have the jury sentence you on the first degree murder if that is the verdict okay perfect i will have the stipulation and waiver of penalty phase or penalty hearing um filed that should cut down the potential um for how long this trial will last previous discussions had been four to five weeks is that still accurate state [00:03:27] Speaker 4: to qualify the juror for jury for yes hey reggie sorry to interrupt but i want to let our audience know if you guys are fans of ufc you definitely want to pay attention to this so we've linked up with morgan and morgan the official law firm partner of ufc and they're giving away two tickets to 331 in los angeles plus two thousand dollars in travel expenses the way to enter is to click the link in the description you can also find the link pinned in the comments below this video so click the link and take a chance you can't win if you don't enter good luck mr sam do you think that sounds reasonable [00:04:05] Speaker 5: no yeah i believe that's reasonable i do have one concern that's popped up that i wasn't anticipating um i might be asking the court for a day to depose a day a day to depose steve bolson on august 19th so apparently my office had submitted a deposition subpoena for mr wolfson to make an appearance on a separate issue that's not related unrelated to [00:04:33] Speaker 1: this case you have a a legal matter correct that may have to occur and that would be on the 19th [00:04:41] Speaker 5: okay and let me look now my concern is of course i would have moved it but the problem is though [00:04:47] Speaker 1: that particular and it would be in the afternoon okay well so here's why i'm saying that uh i had gone dark on several of my civil days but i was going every other day so i could keep my civil cases on track so the 19th i do we are starting at one okay so if it's able to be in the morning let me know if it's something that has to be in the afternoon [00:05:08] Speaker 5: let me know as soon as that happens i guess it just depends on how long we talk in that that deposition it might go a little longer i'm hoping to get it done as quickly as possible i just want to let the court know that we may get a little chatty in that one and i'm anticipating that there will be a motion filed by the state anyways on that one to to stay that particular deposition thing because of some type of privilege that might be asserted so as a result i think there might be some technical issues we just have not received so far so i guess um if that's something that comes up we [00:05:39] Speaker 1: can address it as it comes up i will definitely try to work around your schedule as i can i understand it's hard to block out an entire month for trial so if just keep us up in the loop and then um if possible do it in the morning but if not i completely understand it's going to start in the morning i just [00:05:56] Speaker 5: don't know if it's going to trick us into the action okay cool anything to add on that looks like nothing [00:06:02] Speaker 1: from the state let's go over our jury selection protocols real quick just so i have them on record then we'll bring our jury in uh so this is going to be just sort of a special selection process we're going to start with a panel um for the hardship challenge the hardship issues and then for the second half of the hardship challenges as well as the individual questioning we're going to move into individual sequester that's the agreement between the parties correct yes all right so it sounds like you guys know what's going to happen a little better than i do because you proposed it so i'm going to sit back and watch and i've got kind of the idea of what's going to happen there the alternates in this case we are going to do four alternates given the length of the case um and so we are going to then uh be they're going to be in seats 13 14 15 and 16 once in panels preempts like usual we're going to exercise using the paper pass back and forth method um as we've already discussed we will be bringing the jurors back for the peremptory challenges so i anticipate having this full box filled on that day which will be thursday at 1 p.m do we anticipate once we get into the uh sequestered or deer doing cause challenges up here at the bench let's try to do it that way and see how that works okay so then after every juror will have everyone approach say pass for challenge okay perfect um if you exercise all your preempts you must use one on the alternate chairs mr jacquill brought up a very good point because we have extra peremptory or extra alternates here you are getting an extra peremptory challenge so you're going to get 10 total your last two have to be used on those alternate chairs okay yes ma'am um waiver of one challenge is not a waiver of all and then like we just talked about the challenges for cause will be up the bench after each after each side is finished with their questioning if it happens earlier you know you just don't think this is a suitable person and it becomes very apparent and you just guys want to approach and then let's do it that way okay we don't have as many issues ultimately with other jurors being tainted by answers so you can do a deeper dive than usual given the individual sequester nature that's right um anything else no no all right let's bring in the jury [00:08:30] Speaker ?: no no no no no no no no no no no no no no no no no no no no no no no no no no no no