The official court transcript of Day 1 of Charles Dyer's 2nd jury trail for the sex abuse charges. The first trial ended up in a hung jury. This trial ends up in a mistrial.
United States v. Raymond Watson, Herbert L. Williams, Walter Arthur Parker, William Harrison King, Michael D. Berry, A/K/A "Jerry Forsh" and J. B. McGlocklin, 669 F.2d 1374, 11th Cir. (1982)
The official court transcript of Day 1 of Charles Dyer's 2nd jury trail for the sex abuse charges. The first trial ended up in a hung jury. This trial ends up in a mistrial.
The official court transcript of Day 1 of Charles Dyer's 2nd jury trail for the sex abuse charges. The first trial ended up in a hung jury. This trial ends up in a mistrial.
The official court transcript of Day 1 of Charles Dyer's 2nd jury trail for the sex abuse charges. The first trial ended up in a hung jury. This trial ends up in a mistrial.
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FOR THE PLAINTIFF: JAMES WALTERS
IN THE DISTRICT COURT IN AND FOR STEPHENS BeRiMEFSTUCT cong:
STATE OF OKLAHOMA Steahens County,
THE STATE OF OKLAHOMA, MARGARET conpmeagay |
Plaintiff, COURT CLERK |
ve. Case No. CF-2010-17
F-03-Stlp
ORIGINAL
CHARLES ALLAN DYER,
Defendant.
TRANSCRIPT OF JURY TRIAL
{DAY 1 - VOLUME 1)
Proceedings Taken on
JANUARY 23, 2012
HONORABLE JOSEPH H. ENOS
District Judge
APPEARANCES
CARRIE E. HIXON
Assistant District Attorneys
101 $. 1ith Street, Room 303
Duncan, OK 73533
)R THE DEFENDANT: AL HOCH
Hoch & Associates
803 Robert S. Kerr
Oklahoma City, OK 73106
SUSAN L. GRIGGS, CSR, RPR
District Reporter
Stephens County District Court
101 S. 11th Street, Room 314
Duncan, OK 73533-4758 oags
(S80) 470-2023
(880) 470-2029 fax
OFFICIAL COURT TRANSCRIPT - STATE OF OKLAHOMA10
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(on January 23, 2012, with all counsel present as
indicated on the appearances, the following transpired in
chambers: )
THE COURT: All right. Let's go on the record.
Let the record reflect that we appear the 23rd day of
January, 2012. We convened in the matter of the State of
Oklahoma vs. Charles Allan Dyer. This is Case Number
CF-10-17.
We are outside the -- we're in chambers outside the
presence of any potential jurors and present in Chambers
with counsel representing the State of Oklahoma, Mrs. Hixon
and James -~
MR, WALTERS: Walters.
THE COURT: -- Walters, very good. And counsel for
the Defendant, Mr. Al Hoch; the Defendant is not present.
I convened this in camera hearing for purposes of ruling
on a motion that I had discovered that has not been ruled on
and that was a motion filed by the State of Oklahoma on
August 12 of last year, the Motion in Limine dealing with
two points: One, it asks the Court to limit any reference
and prohibits any reference or mention or insinuations
xegarding a mistrial or previous trial.
Is there any objection, Mr. Hoch, to that?
MR. HOCH: Judge, I don't object to bringing up --
I'm net going to mention the previous trial.
OFFICIAL COURT TRANSCRIPT - STATE OF OKLAHOMA19
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THE COURT: 1I'12 sustain the motion in that regard.
MR. HOCH: The only thing -- would say on a
transcript of previous hearing or proceeding.
THE COURT: That's right. That's how we'll refer
to.
All right. he second point is the State's asked for a
Motion in Limine involving current criminal charges pending
against the victim's father, Carl Wiley, for pointing a
weapon at the Defendant and/or Amanda Monsalve on or about
May 4, 2011.
State's argument?
MS. HIXON: Your Honor, the criminal charges
pending against the victim's grandfather arose after the
last trial, um, has no relevance to whether or not the
Defendant is guilty or innocent of these charges. They're
irrelevant.
THE COURT: Mr. Hoch?
MR. HOCH: Judge, the State's previously indicated
they wanted to bring up issues of flight which gets you an
instruction that says to the effect that you consider -
you
can consider a person's absence or flight as being a
consciousness of guilt. Tf that comes in then we have the
obvious right to rebut that and Mr. Dyer's whole issue with
leaving is not avoiding trial. He had shown up for every
hearing prior to that. His issue is personal safety and
OFFICIAL COURT TRANSCRIPT - STATE OF OKLAHOMA
United States v. Raymond Watson, Herbert L. Williams, Walter Arthur Parker, William Harrison King, Michael D. Berry, A/K/A "Jerry Forsh" and J. B. McGlocklin, 669 F.2d 1374, 11th Cir. (1982)