Transcripts Vol. 41 of 53-Ivan Cantu (Pdf) Download
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l 1 I 'I I Closing Arguments I 1 _j J J J J J l Page 1 1 REP 0 R T E R' S R E COR D l VOLUME 41 OF 53 2 Trial Court Cause No. 380-80047-01 3 THE STATE OF TEXAS * IN THE 380TH DISTRICT COURT: . * 4 V. * * 5 IVAN ABNER CANTU * OF COLLIN COUNTY, TEXAS ------------------------------------------------------------- 1 6 7 REPORTER'S RECORD 8 VOLUME 41 - GUILT/INNOCENCE CAPITAL MURDER JURY TRIAL t 9 10 11 On the 16th day of October, 2001, from 9:15 a.m. to ~ 5:00 p.m. the Capital Murder - Trial on the Merits proceedingsl L 12 came on to be heard in the presence of a jury, in the I above-entitled and -numbered cause; and the following I 13 proceedings were had before the Honorable Charles F. Sandoval, r Judge Presiding, held in McKinney, Collin County, Texas: I 14 r Proceedings reported by Computerized Stenotype 15 Machine; Reporter's Record produced by Computer-Assisted _ J' - Transcription. 16 17 LISA M. RENFRO, Texas CSR #4534 Official Court Reporter - 380th Judicial District Court I 18 210 S. McDonald Street, McKinney, Texas 75069 ~r (972) 548-4661 19 20 21 22 23 24 25 l I Page 2 Page 4 I APPEARANCES J PROCEEDINGS 2 ATTORNEYS FOR THE STATE OF TEXAS 2 THE COURT: We're on the record in Ivan Cantu's 3 !v1R. BILL SCHULTZ 3 case. He's here with his attorneys. The State is here by l SBOT NO. 17841800 4 MS. GAIL T. FALCO 4 it's attorneys. Have both sides taken a look at the charge? SBOT NO. 00787450 5 MR. SCHULTZ: State has. 5 MS. JAMI LOWRY SBOT NO. 24012724 6 MR. GOELLER: Yes, Your Honor, we've had an 6 7 opportunity to review the charge. 7 Assistant Criminal District Attorneys 8 THE COURT: I tell you what I've done. If you ~ 1 Collin County Courthouse 8 210 S. McDonald, Suite 324 9 look at page 12, the only thing it says is "judge presiding." McKinney, Texas 75069 10 I am taking that out of the charge, and I've whited out the . 9 Telephone: (972) 548-4323 II bottom of the next page and made it page 12. So we have a 12 10 1 II ATTORNEYS FOR THE DEFENDANT 12 page charge right now. The last page is page 12 of the 12 !v1R. MATTHEW GOELLER 13 verdict form. SBOT NO. 08059260 13 MR. DON N. HIGH 14 Okay. Is there anything from the State at this SBOT NO. 09605050 15 time? 14 16 MR. SCHULTZ: Just formally, for record 15 GRUBBS, HIGH, GOELLER & ASSOCIATES 400 Chisholm Place, Suite 400 17 purposes, the State at this time abandons the submission of 16 Plano, Texas 75075 18 burglary as a theory of culpability in this case, and actually Telephone: (972) 423-4518 19 make's its oral motion to strike that theory of submission. 17 18 20 THE COURT: All right. It's ordered stricken. ~ 19 21 And is there anything from the Defense? 20 ! 22 MR. GOELLER: Yes, Your Honor, at this time ~ 21 J 22 23 comes now the Defendant and would request that the State elect j 23 24 as to which theory of capital murder it will proceed on, ~ 24 ~ 25 25 either murder in the course of committing burglary or murder , ~ -+ --4J ; Page 3 Page 5 1 CHRONOLOGICAL INDEX I of two people. ~ 5 2 October 16, 2001 2 MR. SCHULTZ: Did you mean robbery? l. ! GuiltlInnocence 3 MR. GOELLER: I'm sorry, robbery. So we'd ask 5 3 Volume 41 4 for an election at this time. l 4 PAGE 5 THE COURT: All right. What says the State? 5 State abandons burglary theory 4 6 MR. SCHULTZ: No, thank you. 6 Defendant's request for State to elect punishment ..... 4 7 THE COURT: All right, sir. They decline to 7 State's Response 5 8 make the election, apparently. 8 Defendant's objections to the Court's Charge 5 9 MR. GOELLER: Yes, Your Honor. I'd ask the J 9 Defendant's desire to proceed with counsel 10 10 Court to order the State to make an election at this time. 10 Charge of the Court read 12 II MR. SCHULTZ: We'd rather you not. 11 Closing argument by the State (Ms. Falco) 13 12 THE COURT: I will not do that. _j 12 Closing argument by the Defense (Mr. Goeller) 29 13 MR. GOELLER: Yes, Your Honor. 13 Closing argument by the State (Mr. Schultz) 47 14 Judge, in -- regarding the charge of the court in 14 Court excuses the two alternates 59 15 this Cause Number 380-80047-01, the Defendant objects to this J IS Verdictofthejury 61 16 charge -- this proposed charge that will be read to this jury. 16 Polling of the jury 61 17 Defendant's Motion and Court's Ruling 63 17 I previously tendered to the court Defendant, Ivan Abner J 18 Reporter's Certificate 64 18 Cantu's, proposed jury instructions, two separate documents. 19 End ofVolurne 41. 19 One document entitled Defendant's Requested Instruction 20 20 Regarding Verdict Form. At this time -- and additional 21 21 instructions for the jury at this time. I'd ask the Court to J 22 22 grant our requested instruction in that document and to order 23 23 the charge of the court's verdict form be changed to reflect 24 24 the requested instructions in that document. J 25 25 THE COURT: All right. I'll decline to do J -l Page g Page 6 I that, but I tell you what, I am at this time file-marking both I need clarification on that. 2 MR. GOELLER: Judge, the Slate has in their 2 of the proposed instructions tendered to the Court by the 3 Defendant and ordering that they be made a part of this file. 3 paragraph number 6 an accomplice witness charge. It's not 4 MR. GOELLER: Yes, Your Honor. 4 exactly the same as my Special Requested Instruction Number 9, accomplice witness instruction. guess the Court has already 5 THE COURT: All right. 5 I 6 dealt with whether the State's language gets in there or my 6 MR GOELLER: And for the record, Judge, the 7 second document we filed, Defendant, Ivan Abner Cantu's, 7 language. I would request that my language in Special 8 Proposed Jury Instructions, in that document we have I I 8 Instruction Number 9 be included, and I'd also request my 9 requested special charges. We object to the Charge of the 9 language, based on the State's theory of the case, and that 10 Court unless those requests are incorporated into the Charge 10 they're going to proceed with the robbery paragraph, as I I I of the Court and would ask the Court to order that its charge II could say, robbery -- murder in the course of attempting to 1 12 be drafted to incorporate those II special requested jury 12 commit robbery. 13 Based on the evidence in this case, I specifically 13 instructions. 14 request not only my accomplice witness instruction, but my 14 THE COURT: All right. The -- Charge Number l 15 One has been incorporated in the charge verbatim. 15 accomplice witness as a matter of law instruction, included in 16 MR. GOELLER: Yes, Your Honor. 16 my Special Requested Instruction Number 10. 17 THE COURT: And some of the other charges have 17 THE COURT: I figured that's what you 18 been incorporated, not in the same language, but have been 18 requested. 19 requested by the Defense. But the Court will decline to 19 MR. GOELLER: Yes, sir. 1. 20 charge the jury with regard to Proposed Self-Defense, Hearsay, 20 THE COURT: And I'll deny the request. 2 I Lesser Included Offenses and Provoking Difficulty. 2 I MR. GOELLER: And, Your Honor, is the Court -- 22 MR. SCHULTZ: Judge Sandoval? 22 I know the Court has stated both these documents regarding 23 THE COURT: Yes. 23 special requested instructions have been file-stamped. Will 1- 24 the Court order those part of the record in this case? 24 MR. SCHULTZ: One issue for clarification, we 25 have included in the Court's proposed charge, and the Court 25 THE COURT: Yes, I will do so. 1- Page 7 Page 9 I has what we believe to be a standard accomplice witness I MR. GOELLER: Thank you, sir. 2 charge, and I know that one of Mr. Goeller's specially 2 (Discussion off the record.) 3 requested instructions dealt with the issue of accomplice 3 THE COURT: Do you have any other objections 4 testimony and the availability to the jury of the opportunity 4 to the charge? I 5 to find that Amy Boettcher was an accomplice. 5 MR. GOELLER: None, other than those stated in r 6 As a matter of fact, when last we left it, I believe 6 my two special requested instructions. 7 I'd asked Mr. Goeller was there an objection to the submission 7 THE COURT: All right. 8 of accomplice witness testimony that is in the Court's 8 MR. SCHULTZ: We had a stray reference in _f 9 proposed charge; stated another way, is there something in his 9 paragraph one of the proposed charge to burglary. I believe I 10 special requested instruction that was different from what 10 understand the court is going to just white that out, and I I I we'd offered? And at the time that we talked, I don't think II that's acceptable to the Defense? r 12 Mr.