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SEP 9 2021 Pretrial conference for Naason Joaquin Garcia

Link here: https://youtu.be/2R0HSAFwsqo

• Highlights of this hearing:

00:58 Defendant Garcia enters the courtroom
01:54 Appearances by the parties
02:25 Judge Coen explains arguments by the defense to continue trial: recent discovery and mask mandate
03:14 Judge Coen doesn't find that mask mandate violates confrontation rights
05:32 Judge Coen grants the defense's motion to continue trial based on recent discovery
06:33 Judge Coen indicates that the next free date on his calendar is in May, 2022
07:35 Defense memorializes circumstances of the Aug. 26th phone call with the prosecution and the judge
09:34 Defense shows concern over recent discovery
10:38 Defense alleges that prosecution only started going through the JDs' msgs. 30 days before trial
12:11 Defense mentions the 5 categories of problematic JD msgs. disclosed by the prosecution
15:10 Defense indicates that the judge refused to get involved in the discovery process
16:02 Defense alleges that the prosecution made false statements about having reviewed in full the JD devices
18:05 Defense indicates that they'll need additional time to go through the JD msgs.
19:33 Defense alleges expert Stover made false statements about the number of unproduced msgs. by the JDs
20:38 Defense announces a series of motions: dismissal and sanctions
22:24 Judge Coen offers the prosecution a chance to respond
22:43 Prosecution notes that the problematic JD msgs. were disclosed over a year ago in report 79 25:38 Prosecution clarifies msgs. about theft
26:26 Prosecution clarifies msgs. about drug use
27:08 Prosecution clarifies msgs. about sexual conduct
27:39 Prosecution clarifies msgs. about mental health
28:05 Prosecution clarifies msgs. about "setting up" the defendant
29:50 Prosecution alleges the defense misstated and exaggerated what was said on the phone call
31:07 Prosecution elucidates the confusion about whether the msgs. had been disclosed or not
32:53 Prosecution denies that its expert Stover acted in a wrongful manner
33:19 Prosecution alleges that the defense's expert did not look at the substantial evidence of the case
35:25 Prosecution offers to provide devices from all the JDs to the defense
36:57 Judge Coen offers counsel Carey a chance to respond
38:58 Judge Coen orders the parties to meet, confer and pursue resolutions
39:50 Defense asks the court to revert protective order that disallows them from giving records to defendants
42:48 Trial setting — May 9th, 2022
45:20 Date for next pretrial/motions is chosen
46:49 Defense asks the court to order the prosecution to timely produce the JD devices

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