This trial started November 24, 2003 and is ongoing.

May 5, 2004
by
dll

8:57am - Marc is the only attorney present. Chatting up front with Kevin (the stenographer).

9:03am - Song and Jeff come in. Shyrell tells them a juror is having problems with his left eye. He woke up this morning and the vision in his left eye was blurry. He is at the doctor right now and is supposed to call in when he knows something. Veronica comes in.

9:05am - James Roger and Bob come in together. General chit-chat about "kids today". Song and Veronica talking about their similarities.

9:45am - Judge talks to juror's doctor on phone. Juror has detached retina and will be out one to two weeks. Judge says, "Well we've lost another juror." Song says they are down to one alternate. Jeff says, "Good thing we took eight alternates and not six." Judge says, "You always see the bright side." Judge asks Shyrell where the prosecution are. She says they are at a coffee shop and she will contact them. All Defense are present, save Veronica.

9:53am - Veronica comes in and they tell her about losing the juror. She asks if things are proceeding today. Yes. Prosecution trickles in. I've been the only observer the entire morning.

10:00am - Judge officially enters courtroom. Puts information about the juror on the record. Veronica is standing, will she call for a mistrial? Judge asks if she has anything to say. No, just waiting for the jury.

10:05am - Jury enters. Judge explains to jury about dismissed juror. James continues his redirect of Shinkaruk. Talking generally about how to set up scenario number five. Haslett talked to Henderson, who conferred with Shinkaruk, etc. Talking about after the news article about the mobsters and the conversation they overheard, some wanted the operation shut down. Says two weeks after the article came out, Shinkaruk called SB who seemed happy to hear from him.

10:30am - Now going over "Smurfing" and the wire tap of the car, etc. No new information coming out.

10:47am - Still going over scenarios, what hotel room did the targets get? Other silly questions.

10:50am - Hat Lady enters.

10:57am - Hat Lady leaves.

11:03am - Continuing with scenarios. Now every time James asks Shinkaruk anything, he says well the tapes would be most accurate, but I think it went something like this…

11:07am - Juror asks for a break. Judge grants 15 minute morning break.

11:26am - Judge enters.

11:30am - As Jeff and James argue about whether Shinkaruk should testify about AR discussing his masturbation habits with Shinkaruk, a bevy of pre-teen girls file in and get to hear all about the x-rated conversation. James wants to include the conversation to show that AR was not afraid of the mobsters since he was talking about something so personal. Jeff argues it could be self-deprecating behavior out of fear. Judge rules for the defense to exclude the masturbation conversation.

11:37am - Jury enters. James continues with Shinkaruk.

11:45am - Now talking about some drive SB and Shinkaruk went on to collect money. Shinkaruk told SB there would be violence because this person was late paying the mobsters. SB asks if anybody was going to be killed. Shinkaruk makes a big deal talking about how this conversation was not taped. He then says SB was "into it" and wanted to help plan it. James asks how SB knew there was going to be violence. Shinkaruk can't remember. "I don't recall the specifics." They wound up at a Motel-6 type motel and met up with another undercover agent. This was also not filmed or recorded. He asks Burns to "Stand 6" (American translation "stand guard") while he beats the crap out of the guy (or pretends to). More than a few on the jury looked dumbfounded, mouths agape. Shinkaruk says he beat on the guy for a few minutes, got the money, and then scraped his knuckles on the carpet to make it look like he really clocked the guy.

12:09pm - James ends. Lunch called.

1:33pm - All attorneys present. 48 Hours cameras, who weren't here this morning, are setting up.

1:35pm - SB and AR brought in. Everyone getting mic'd up.

1:38pm - Judge enters.

1:40pm - Jury enters. Jeff starts his cross of Shinkaruk. Jeff confirming there was no audio in the car. Asking if Shinkaruk knew what SB saw during the beating scenario. Shinkaruk answers it was a small room. Was SB anxious during all of this? Yes. You don't remember who brought up the guns during the ride? No. SB was worried there would be someone shooting at both of them? Yes. Shinkaruk says he downplayed the violence to SB. You told SB that his job was to "stand 6"? Yes. When Burns got back to the hotel, he told Haslett he didn't want to do that sort of thing again, he just wanted to make his movie? Yes.

1:54pm - Big brouhaha over a CD Burns bought Shinkaruk. The CD is by the group James, called "Laid". Prosecution implied Burns wouldn't have bought the CD for Shinkaruk if he was scared of him. Jeff saying maybe it was to curry favor or because SB liked Shinkaruk.

2:00pm - Jeff ends. Marc starts his cross examination. Questioning Shinkaruk about beating scenario. Asking about the timing of the beating scenario. Marc asking about Shinkaruk's behavior, and how Shinkaruk said he had modified his behavior to be more extreme after the newspaper article about the mobsters so that he would seem less like a cop. Marc says nothing in your notes indicates you were modifying your behavior? Shinkaruk rambles about his notes and doesn't really answer the question.

2:11pm - Marc ends. James redirect. Asks if during the Canadian Tribunal there were any American lawyers asking you questions. No. James ends.

2:13pm - No more questions from the defense. Shinkaruk dismissed. Judge dismisses court for the day.