Diane Pineiro Zucker

If there are any other witnesses you're going to need to tell Nneji --- to richards: if you know for sure it's going to happen, it would be nice, if you know that's going to happen to let us know Wednesday morning. will be giving Richards a short break

Consciousness of guilt.

Judge: If you're going to argue conscioiusness of guilt to the jury on the part of the defendant. ... in case the people allege that the defendant discarded cocaine because he has a guilty state of mind ... you're going to have to articulate to me what you're going to argue

Nneji: would like to argue consciousness of guilt to the jury. Judge: I leave open that your advisement to the jury might confllich with your own investigator. I don't ever think I ever asked fo ra consciousness of guilt charge. ... if you're going to argue it to a jury then

Nneji: acting in concert Judge: we agree circumstantial evidence, the entire case DAY 1: moved to dismiss 3 misdemeanors and counts 10, 11, 12 not charged as actin in concert The judge has declined to dismiss this case or call for a mistrial. The trial will go on. Wednesday

Nneji asking for a "section 20" I don't know what that is. I'll ask

and give final instructions to the jury late Thursday morning. Judge: court always attempts to have a pre-charge conference. Judge calls a conference with Judge now after court reporter is dismissed

Richards: asks for some opportunity after the testimony to prepare. Judge: witness will take about 1/2 hour. Richards reuqest cross examination in afternoon. ... I am open to that request but I'm not going to rule on it now. Will ask both of you to sum up Wednesday afternoon

Judge: Nneji says he was not aware of cybergenetics Richards asked the court to give strong curative instruction to the jury and he will explain the violation of discovery rules and they may find an adverse instance because of that

Mr. Nnegi is chief asst DA. DA's office is aware and has previosly engaged true aliel (sp) DNA evidence. First used in NYS 9 years ago. DA's office aware and has engaged the services of cybergenetics.

Court also denies motion for a mistrial. Alternatively, Richard moves for preclusion of witness' testimony. Court declines that application as well and will allow the cybergenetics expert to testify, "despite the clear violation

out to see if I could locate a witness." Richards reached out last Friday to the Defense Backup Center. There were a couple of weeks for him to at least begin ... Mr. Richards asks the court to dismiss. Judge declines to grant application to dismiss

Since 2020, three years ago those weapon counts appear In determining appropriate sanctions court has spoken with Richards Understandably, Mr. Richard's response was "Judge, as soon as I learned ... I immediately reached

impose a remedy or sanction in addition to a reasonable time to prepare. Court shall impose a remedy or sanction proportionate

cybergenetics lab expert could be the state's last witness. Richards may have the day off to further prepare for trial. ... and the court has taken that into consideration as welll. With regard to discovery ... whether or not to impose a remedy or sanction ... the court must

If court allows the testimony at all it would not be allowed until Monday (today). Witness was not available today or Tuesday. court since directed The People that the witness will not be testifying at all until Wednesday "to give Mr. Richards time to prepare" Nneji also indi

When material is discovered "belatedly" the court SHALL impose Party entitled to disclosure shall be given reasonable time to explore the new material. Court "must, regardless of any showing of prejudice, grant a reasonable time"