DIRECT EXAMINATION BY MS. STEINER:
MS. STEINER: Good morning, Mr. Garcia.
EDDY GARCIA: Good morning.
MS. STEINER: Did you receive a subpoena requiring you to testify at this trial?
EDDY GARCIA: Yes.
MS. STEINER: And do you have an attorney who represents you in connection with this matter?
EDDY GARCIA: Yes.
MS. STEINER: Based on your discussions with your attorney, do you intend to invoke your constitutional right not to testify and not to answer any and all questions put to you at this trial on the grounds of potential self-incrimination?
EDDY GARCIA: Yes.
MS. STEINER: Have you also received a copy of a proposed immunity order?
EDDY GARCIA: Yes.
MS. STEINER: And have you had the opportunity to review that proposed order with your attorney?
EDDY GARCIA: Yes.
MS. STEINER: Do you understand that if the court enters an order granting your immunity, that you'll be required to answer any and all questions truthfully here today?
EDDY GARCIA: Yes.
MS. STEINER: And do you also understand that the order will not protect you from prosecution for perjury if you make a false statement here today?
EDDY GARCIA: Yes.
MS. STEINER: Your Honor, I would ask, on that basis of the witness's answers to my questions, that the proposed order that we submitted to your Honor be entered.
THE COURT: The court will enter the order and make it a court exhibit. I'm handing this now back to the courtroom deputy.
MS. STEINER: Thank you, your Honor.
THE COURT: Thank you, Mr. Garcia. All right.
(Witness temporarily excused)
THE COURT: Ms. Smyser, let's bring -- unless there are any other issues to address, let's bring Mia in, then we can proceed. Anything further, Ms. Smyser, from the government?
MS. SMYSER: No, your Honor.
THE COURT: Mr. Steel, anything from the defense before we get started?
MR. STEEL: Not that I know of, sir.
THE COURT: All right. Let's bring Mia back and then we will bring our jury in.
MR. STEEL: Your Honor, may I put this on the podium for a moment?
THE COURT: You may. Welcome back.
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(Jury present)
THE COURT: Please be seated. Welcome back, members of the jury. I hope you had a great weekend. Mia, you understand you're still under oath?
THE COURT: Mr. Steel, you may proceed, when ready.
MR. STEEL: With the court's permission, I would like you to be able to look at Defense Exhibit 1750, just for the witness, your Honor, and the parties. If you need headphones, there's --
THE COURT: That's not the exhibit you're putting up, right? That was not the right exhibit?
MR. STEEL: 1750.
THE COURT: OK. What just popped up was not 1750?
MR. STEEL: I may have said 1740. I meant to say -- I think I said -- I want ... Thank you, your Honor.
THE COURT: Right now you want her to just look at the image, correct?
MR. STEEL: No.
THE COURT: How is the witness supposed to hear the audio? Do you have headphones or anything else that you would like the witness to use?
MR. STEEL: That would be great, yes.
THE COURT: Well, the court does not furnish those.
MR. STEEL: They are coming.
THE COURT: OK.
MS. SMYSER: Your Honor, we renew our objection. I don't think there is any basis to impeach with this at this time, and on 403 grounds.
THE COURT: Mr. Steel, are you going to ask some questions to start off, or are we just going to show this video?
MR. STEEL: I would going to ask the witness whether she can identify it, and if it's already in evidence, that's fine. I thought that I had to lay a foundation.
THE COURT: Yes, but you haven't laid any -- you haven't laid any kind of foundation. So why don't we do this. Just, let's do it this way. Let's take this video down for just the moment. You need a second or two to get any headphones or equipment you need anyway. But if you're going to ask questions to establish a basis for using this video in the way the defense has indicated, then you need to ask those questions first, and then you can at that point try to offer this into evidence. OK.
MR. STEEL: Of course.