Vol. 19 – 97
Friday Friday 8-11-2017
Eric Parker – Direct
A. Yeah. I was handed a pair of binoculars, and I was
looking at this vehicle, and the back of this vehicle, and
these vehicles right here, and mostly those three areas right
Q. Okay. Whose binoculars were those?
A. I’m not sure. There was a lot of people on the bridge.
They all were — were doing different things. Some people had
cameras. Some people had binoculars, and there was one person
with a pair of binoculars looking that way. They said a few
things to me and handed me the binoculars, because I wanted to
see for myself.
Q. How long did you have those binoculars for approximately?
A. A minute and a half at the most.
Q. Then you gave them back, I assume?
Q. Now, Brian, can we get up Government’s Exhibit 210,
All right. Now, you’ve seen this exhibit previously
through Agent Willis, I believe it was?
A. I have.
Q. Okay. So, if you could just maybe put a little X as to
your — actually, can we make this just slightly bigger, Brian?
Perfect. Thank you.
If you can just put maybe a little X as to generally
where you were at the point in time when you had the
A. About right there.
Q. And can you put another X as to the area in which you came
A. About right there.
Q. Okay. So, other than the northbound bridge, was there any
other area on this map which you traveled to prior to going to
the center portion of the northbound bridge?
A. No. No, sir. I went directly in this direction along
here and then crossed over and then to about right here.
Q. You say crossed over. What do you mean by crossed over?
A. Crossed the street. Crossed the highway.
A. Interstate 15.
Q. Now, you just testified that you were — and correct me if
I’m wrong. You were focusing on this general area?
A. Specifically this truck, the men there, and this vehicle
right here where there were men with —
***MR. MYHRE: Objection, Your Honor.
***THE WITNESS: — plain clothes.
***BY MR. MYHRE:
Q. Going into this area of — that we discussed earlier —
***THE COURT: Do you want to redirect your witness,
***MR. MARCHESE: Can he say what he saw?
***MR. MYHRE: Objection. Relevance, Your Honor.
THE COURT: You know the parameters of the order,
***MR. MARCHESE: Okay.
***THE COURT: We are not going to waste any more time
***BY MR. MARCHESE:
Q. Without saying what you saw, was there ever a point in
time when you looked in this vicinity over here?
A. No. I — I don’t remember even being able to see over
there. There was a hill here, when I was over here, and — and
when I got over here to the bridge, my — my concern was other
Q. Now, when you say other things, would it be accurate to
say that you were always looking forward?
A. Or up and to the right.
***MR. MYHRE: Objection, Your Honor. Sidebar, please.
***THE COURT: All right.
***THE COURT: All right. You wanted sidebar, so it
sounds like Mr. Parker is done testifying. He doesn’t want to
testifying anymore? Is that what it is?
He’s been saying it over and over again, trying to
communicate to the jury that there’s something else. That he’s
looking at the people up on the hill regardless of the order.
***MR. MARCHESE: I was under the impression that he was
allowed to say what he saw, but he was not allowed to testify
of how it made him feel. That’s number one.
Number two, my questions were pointed. I am trying
to just keep him focused in the wash and looking forward. I —
I mean, I was under the assumption — and Mr. Tanasi and I
spoke at lunch — that he could testify to what he saw, just
not that it made him feel fear or anything along those lines.
If I am wrong, then I apologize, but that was my
understanding on what the Court’s order was.
***THE COURT: Mr. Myhre.
***MR. MYHRE: Thank you, Your Honor. We would move
that Mr. Parker be sanctioned by taking him down and moving to
strike his direct.
This clearly is intentional. We already had an
objection as to the very same about the mesa, who’s up there,
which was sustained.
We’ve hit it now at least two times since then, and
what’s happening now is that we’re getting these dribs and
drabs in front of the jury that there’s something out there.
And it’s virtually impossible to — to erase it from their
minds now at this point.
We have gone — Mr. Marchese, in his direct, hit it
at least three times just since the — we got back from our
***MR. MARCHESE: That’s not true, you know.
***MR. MYHRE: And he was — he said, “Did you see this
up here on the right? Oh, you went back here. Well, when you
went down here, what did you see?”
“Well, I looked up on the right, and looked back at
this truck twice. Looked back at the truck twice. Looked up
at the mesa.”
Especially in light of the Judge’s — the Court’s
prior ruling with respect to this specific issue about the
mesa, we see no alternative at this point, Your Honor.
***THE COURT: Well, Mr. Marchese, is there any innocent
reason why he keeps wanting to tell the jury that he was
looking up at the mesa?
***MR. MARCHESE: Absolutely. And the reason being, is
that I’m going to get to it, is we had a ranger come in who
testified that he pointed his weapon at her. And I’m just
trying to get out that he always looked forward, and he was
never looking to the left in her direction. That’s what I’m
trying to elicit.
***THE COURT: But that’s not what the testimony is.
His testimony is that he’s looking up is what he just stated.
***MR. MARCHESE: Correct.
***MR. LEVENTHAL: Up to the left. This is on the
***MR. MARCHESE: I thought he said — no, she — she’s
in with Shilaikis. I’m trying to get him focused that he’s
only looking in the wash.
***THE COURT: But that’s not what his answer was. His
answer was that he is looking up at the hill. So, is there any
reason why testimony about him looking up in the hill would
***MR. MARCHESE: I thought — the hill that he was
referring to was the one that he marked by Post 1. Is that
what you were referring to?
***MR. LEVENTHAL: He said it was a hill.
***MR. MARCHESE: Right. He said “I couldn’t see over
there.” I think that’s what he testified to.
***MR. MYHRE: He said “I looked up to the right.”
***MR. MARCHESE: Right. But I’m trying to focus him to
say he never looked to the left. But getting back to the
Court’s original order, am I incorrect in saying that he’s not
allowed to testify what he saw?
***THE COURT: The problem is that your witness has been
admonished and told not to discuss, and he keeps on saying it.
The objection is made. The objection is sustained.
The jury is told to disregard the statement, and then he does
not answer your question without trying to sneak in information
that is in violation of the Court order.
MR. MARCHESE: But I understand we can’t talk about
the pre-12th. I understand that. And I understand —
***THE COURT: In the last sidebar, you told me that the
reason that you wanted to elicit testimony about what he saw up
on the hill was in order to explain why he had gotten the
firearm, which is directly related to a defense that is not
***MR. MARCHESE: But I was — I am under the impression
that he could testify to what he saw, but just not the way he
made it — it made him feel. Am I incorrect? If I am, I
apologize. But that was Mr. Tanasi’s understanding, too.
***MR. TANASI: That’s — that’s my understanding, too,
***THE COURT: As long as there is a relevant purpose to
it. For example, we talked about, you know, when the cows were
released and so forth. He could talk about how that made him
feel, because it doesn’t go into self-defense.
But if the only reason you are going to ask questions
about what he sees up on the hill is in order to set up a
self-defense, defense of others, jury nullification, then how
is — then it’s not relevant or probative.
***MR. MARCHESE: But it’s relative and probative not —
where he’s looking, because he never looked to the left.
That’s what I am trying to have him testify to.
***THE COURT: And you asked him, “Did you look straight
ahead?” And he said, “And up on the hill.” So, he keeps on
wanting to get into the people on the hill, even after numerous
times it’s been explained that that’s not appropriate.
****MR. MYHRE: And he also volunteered, I would point
out, about when he looked at the trucks, that they were in
***MR. MARCHESE: Well, I mean, the government’s own
exhibit, I think, bears that out. It’s very difficult —
***THE COURT: But what is the purpose of pointing that
out? It doesn’t go to impeach the credibility of someone else.
The only reason to bring it up —
***MR. MARCHESE: I’m just trying to say what happened.
I mean, it’s just —
***THE COURT: No.
***MR. MARCHESE: — it’s very difficult, because we are
***THE COURT: You can’t just say what happened if it’s
not relevant, probative, or legally recognizable.
***MR. MARCHESE: It’s the crime. That’s what he did.
We have 40 pictures of Eric prone on the bridge, and I can’t —
I can’t explain how he got there, or why he did what he did, or
what he saw.
***THE COURT: The government’s motion is granted.
(End of sidebar.)
***THE COURT: All right. The government’s motion is
granted. So, Mr. Parker, you can go back and take your seat.
And defense may call its next witness. Do you have another
witness that’s ready?
***MR. MARCHESE: Eric, come on down.
***MR. LEVENTHAL: No, Your Honor.
***THE COURT: Not for today?
***MR. LEVENTHAL: No, Your Honor.
***THE COURT: All right. We’ll go ahead then and
excuse the jury a little bit earlier today, and welcome you
back on Monday morning at 9:00 a.m. Yes, 9:00 a.m. for Monday
morning. During this overnight break, please remember that you
are not to speak about this case or discuss it with anyone.
You may, of course, let your employers know or your family and
friends know that, yes, you still do have jury duty, so that
they can make plans, and you can make those kind of plans.
But please do not discuss any of the issues about the
case or anything else related to the case except for the time
line. And also do not read, or listen to, or view anything
that touches upon this case in any way, and do not attempt to
perform any research or any independent investigation.
You will be provided with testimony, exhibits. I
will provide to you the jury instructions, so that you can
apply the facts as you find them to those jury instructions,
and then you will hear closing arguments. After that, you will
be excused, so you may begin your deliberation process. So,
until then, please do not form any opinions.
So, we’ll go ahead and stand for the jury so they may
be excused, and we will welcome you back at 9:00 a.m.
***THE COURT: All right. So, Court’s in recess until
9:00 a.m. Monday morning.
(Recess, 1:49 p.m.)