Day 5 - December 3, 2021
The Court ruled on disputed search evidence as defense continued cross-examining Juan Patricio Alessi. Gregory Parkinson and Sergeant Michael Dawson described the 2005 Palm Beach search and authenticated exhibits.
Full day summary
1. Parkinson and Maguire Evidence Hearings
Before the jury entered, the Court ruled on disputed search-related evidence, allowing some visual exhibits with safeguards, excluding proposed testimony about an untested stain, and reserving other issues for further foundation and review.
Highlights
Parkinson Evidence Admissibility HearingrulingThe Court overruled the defense objection to the walk-through video's brief display of a sexualized photograph near the master bedroom, subject to a limiting instruction.Parkinson Evidence Admissibility HearingrulingThe Court sustained the defense objection to proposed testimony about an untested stain on a massage table, citing the lay description and the timing of the 2005 search.
3. Gregory Parkinson — Testimony and Sealed Exhibit Proceedings
Gregory Parkinson authenticated 2005 search photographs, video, and a massage table from 358 El Brillo Way as the Court admitted exhibits and addressed sealing and relevance objections.
Highlights
Gregory Parkinson — Directtestimony highlightParkinson described his role in the October 20, 2005 warrant search, including a protective sweep, pre-search video, photographs, evidence collection, and a final walk-through.Sealed Exhibit ProceedingsrulingJudge Nathan sustained the defense objection to the interior photographs on the current record because no witness had tied the later images of movable items to the residence as Jane saw it.Sealed Exhibit Proceedings“I won't allow it in simply based on her description of what it looked like then.”— Alison J. NathanJudge Nathan stated the basis for sustaining the objection to the later interior photographs on the current record.Gregory Parkinson — Crosstestimony highlightParkinson said the 2005 video and photographs could not establish what the residence looked like in the mid-1990s or earlier; defense used that limitation to distinguish the search images from earlier periods.