[Motion to Reconsider]
Judge: Hon. Milton Crater
Location: Hon. Milton Crater’s Chambers
Counsels Present: District Attorney J.P. Pelham, Lucille James (ADA), Stephen Harker (Ludarac Counsel)
Crater: Let the record indicate that I, Milton Crater, will now entertain arguments to reconsider my previous rulings on pre-trial motions, specifically motions to suppress six pictures drawn by Cooper Ludarac and a motion to suppress Copper Ludarac’s testimony. Let’s hear the prosecution’s argument.
James: Your Honor, we have heard specific testimony from Dr. Keats that Cooper Ludarac witnessed firsthand some of the crimes that Jonathan Ludarac is charged with. The jury has a right to hear his statements.
Harker: Cooper Ludarac is too young to be reliable.
Crater: Wait your turn, Mr. Harker. What is your argument for the pictures?
James: They substantiate the child abuse claim. Mr. Ludarac must have been inappropriately describing what happened to Lucy in graphic detail to his son.
Harker: I’m sorry, but are we here to debate how parents are allowed to describe one of their children’s deaths to their other children?
Crater: Mr. Harker has a point, Ms. James.
James: The pictures indicate what Jonathan Ludarac believed about his daughter’s death. Cooper could not have imagined them on his own.
Crater: That is assuming the pictures were inspired by comments made by Jonathan to Cooper and not someone else telling him about the event.
James: That’s why the jury needs to hear Cooper’s testimony.
Harker: Your Honor, we’re talking about a child’s drawings, not case photos or empirical evidence. We don’t even have any evidence that the pictures were legitimately drawn by Cooper other than his teacher’s word on the subject.
Crater: I’m afraid I agree with Mr. Harker on the subject of the pictures. They are inflammatory and prejudicial.
Pelham: The portraits aren’t.
Crater: Excuse me?
Pelham: The portraits aren’t inflammatory or prejudicial.
Harker: They also have no relevance.
Pelham: They are pictures of the supposed motivation for the crime. If Jonathan Ludarac was accused of robbing a bank and Cooper had drawn a schematic of the bank floor plan, it would be relevant. The same principal applies here.
Harker: That’s entirely different.
Crater: I don’t think it is, Mr. Harker. This is what will happen. I still find the pictures to be inflammatory. They will not be shown to the jury. I will also not allow a six year old to testify in open court. Instead, I will question Cooper Ludarac about the pictures and Jonathan Ludarac myself here in my chambers. Counsels may be present for my interrogation, but may not speak. A transcript of the interrogation will be shown to the jury. That is all.
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The People v. Jonathan Ludarac (Abridged)Horror
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