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Lozano v. Legeand
United States District Court, D. Nevada
October 25, 2019
PASQUAL LOZANO, Petitioner,
v.
ROBERT LEGRAND, et al., Respondents.
ORDER
MIRANDA M. DU, CHIEF UNITED STATES DISTRICT JUDGE.
The transcripts of two days of Petitioner's second trial,
on August 30 and 31, 2006, have errors. Respondents need to
determine whether they can obtain corrected transcripts for
those days.
I. TRANSCRIPT OF AUGUST 30, 2006
In the transcript of proceedings for August 30, 2006, Ex. 143
(ECF No. 47-9), the testimonies of witnesses are mixed up.
The following is how the testimonies and some discussions
among court and counsel appear in the transcript:
ECF No. 47-9 at 18-79: Direct examination of Darrian
Moten.[1]
ECF No. 47-9 at 79: The court stops the direct examination of
Moten for lunch. Chief Deputy District Attorney Vicki Monroe
does not state that she has finished her direct examination
of Moten.
ECF No. 47-9 at 79-112: Proceedings out of the jury's
presence.
ECF No. 47-9 at 82: The transcript notes a lunch recess.
ECF No. 47-9 at 112: The transcript notes a brief recess.
ECF No. 47-9 at 112-13: Special Public Defender Bret Whipple
has a brief “Cross-examination” of Moten about
immunity from prosecution in this case. Nowhere in the pages
79-112 had Monroe stated that she had finished her direct
examination of Moten.
ECF No. 47-9 at 113-14: Monroe has a brief “Redirect
examination” of Moten.
ECF No. 47-9 at 114: The court excuses Moten.
ECF No. 47-9 at 114-38: The complete testimony of Las Vegas
Metropolitan Police Officer Eric Grimmesey.
ECF No. 47-9 at 139-43: Direct examination of North Las Vegas
Police Officer Gerald Heredia, who took photographs of one of
the shooting victims in this case and ...