Snyder v. Phelps et al

Filing 193

MOTION for Appropriate Relief by Fred W. Phelps, Sr, Westboro Baptist Church, Inc.. Responses due by 11/15/2007 (Attachments: # 1)(Katz, Jonathan)

Snyder v. Phelps et al

Doc. 193 Att. 1

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court Reporter Pro Se Defendants: For the Defendants: APPEARANCES: For the Plaintiff: ALBERT SNYDER,

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION Civil No. Plaintiff v. FRED W. PHELPS, SR., et al., Defendants. ------------------------------------------------------/ (EXCERPT) TESTIMONY OF TIMOTHY PHELPS BEFORE THE HONORABLE RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE, and a jury 3:00 p.m. RDB-06-1389 Baltimore, Maryland October 26, 2007

Barley Snyder LLC By: SEAN E. SUMMERS, ESQ. 100 East Market Street York, Pennsylvania 20910 Shumaker Williams By: CRAIG TREBILCOCK, ESQ. One East Market Street Suite 204 York, Pennsylvania 17401 Marks and Katz LLC By: JONATHAN KATZ, ESQ. 1400 Spring Street Suite 410 Silver Spring, Maryland 20910 SHIRLEY PHELPS-ROPER, ESQ. REBEKHA PHELPS-DAVIS, ESQ. Lisa K. Bankins RMR 101 West Lombard Street Room 5012 Baltimore, Maryland 21201

Proceedings recorded by mechanical stenography, transcript produced by notereading.

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DVD.txt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evidence. Honor. THE COURT: All right. You're introducing all those into MR. KATZ: EXCERPT We've decided about watching the rest in the jury

room during deliberations. THE COURT: The jury is not going to watch any of them in Do

the jury room, Mr. Katz, unless they're introduced into evidence. you have others you want us to watch? MR. KATZ: I'm introducing them all into evidence, Your

You want us to watch all of them? MR. KATZ: THE COURT: No, judge. I'd like to move along.

Anything you want the jury to watch in the jury

room is going to be displayed here in court, in public. MR. KATZ: Just one moment, Your Honor.

(Defense counsel conferred with the pro se defendants.) MR. KATZ: THE COURT: see, Mr. Katz. jury is played. I'm not going -Whatever the jury sees, the Court is going to

So you're going to play -- anything that goes in the Sir, you know that as an experienced lawyer. I'm not showing any further right now -All right. Then only the ones that have been

MR. KATZ: THE COURT:

played will go into the jury room. MR. KATZ: THE COURT: May we please approach, judge? No, you may not. You may not, sir. I've told

you to introduce whatever exhibits you want to introduce --

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MR. KATZ: THE COURT:

May I have the jury -You know full well you can't send something back Page 2

DVD.txt 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 speaking. agreement. agreement. to the jury room unless it's been played in the courtroom. MR. KATZ: It's a simple answer. We're having a heated

I'm putting in the ones for evidence that have been shown. THE COURT: That's fine. I want you to identify which ones

have been shown.

If you'll list those, please? Thank you very much. They're the --

MR. KATZ: THE COURT:

You're clearly aware of the fact that something

can't go into a jury room unless it's been played before the Court in the courtroom. MR. KATZ: Your Honor and I are still having a heated

I'm going to tell Your Honor the -THE COURT: No. I'm admonishing you that you're aware as an

experienced trial lawyer that you can't suggest something -MR. KATZ: THE COURT: May I please approach? No. I'm speaking. Don't interrupt me when I'm

You're aware of the fact as an experienced trial lawyer

that something doesn't go back in the jury room unless it's been presented as evidence in the courtroom. Go right ahead. That's all I'm asking you.

Just list the ones you want -- the ones you played

are the ones that can go back into the jury room consistent with my earlier ruling. MR. KATZ: They're the ones that say God Hates Fags, Thank

God For I.E.D.s, Thank God for 9/11, You're Going To Hell, Fag Troops

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and God Hates You. THE COURT: All right. They are introduced into evidence

and will go back into the jury room. MR. KATZ: Thank you, judge. Page 3

DVD.txt 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. THE COURT: MR. KATZ: witness stand. MR. SUMMERS: THE COURT: MR. SUMMERS: THE COURT: right ahead, Mr. Katz. MR. KATZ: Thank you, judge. Your Honor, can I suggest a break? I'm sorry? Can I suggest a break? I don't see any reason for a break yet. Go You're welcome, Mr. Katz. I'd like to ask Mr. Phelps to return to the

Now Mr. Phelps, please give a response to the reaction

you're, of said reaction you're seeing from some of the jurors. A. Well -THE COURT: What? I'm sorry. What is the question? Would

you repeat the question? question, Mr. Katz? Q.

I didn't hear the question.

What was the

Please give a response about the upset you're seeing from

some of the jurors. MR. SUMMERS: THE COURT: And there's an objection. That objection is sustained. It's improper to

ask a witness, Mr. Katz, of his view of the response of the jury and you know full well that's an improper question.

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Q. A. Phelps. Q.

Mr. Phelps, who is narrating the last video? I believe that was Thank God For I.E.D.s was Jonathan

Now you said earlier that you adopt the words of the Right? Page 4

narrators of these DVDs. A. Yes, sir.

DVD.txt 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Well, why is it that you adopt the words from the end of the

last DVD about jarheads and being happy about the I.E.D.s? A. Well, of course, if you look at this from a perspective

other than the human perspective, if you look at this from the perspective that is a sovereign God that has the exclusive prerogative and the power to do what he wants to do with his creation and it's based upon his standards and his standards alone, then you have a duty to recognize that power and you have a duty to thank the creator for what he does with that power. qualified duty. That is an absolute duty. It's not a

It's not a if I like the judgments or the decisions You don't

or the actions of a sovereign God and how he deals with us. only thank him then when good things happen.

You thank him because

you're supposed to be tuned to what he's doing when bad things happen. That's why that movie and all the other movies include clear scriptural context for the words that are spoken. (Excerpt concluded.)

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1 2 3 4 5 6 7 8 ______________________________ Page 5 ______________________________ Signature of Court Reporter/ Transcriber _________ Date I, LISA K. BANKINS, certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

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