3.Jury Question About Bobby Dassey’s Testimony

THE COURT: At this time we are on the record, outside the presence of the jury. All counsel, except Mr. Gahn, are present, and the defendant is also present, in person.

I can indicate for the record that the Court has received a written question from the jury dated today, at 1:29 p.m. Following receipt of the question, I met with counsel in chambers and discussed a proposed answer to the question.

I believe the parties are in agreement with that answer. I will read the question and the answer at this time and then ask the parties if the answer is acceptable. The question from the jury reads: Could we please read or hear a transcript of Bobby Dassey's testimony. It is signed by Daniel Slaby, who I presume to be the foreperson, dated today at 1:29 p.m.

The proposed answer is the following: Dear Jury Members, this is in response to your request for a transcript of Bobby Dassey's testimony. As the Court has instructed you, you will not have a copy of the written transcript of the trial testimony available for use during your deliberations. You may ask to have specific portions of the testimony read to you. You must continue to rely primarily on your memory of the evidence and the testimony introduced during the trial.

The Court does not have and cannot provide you with a transcript of Bobby Dassey's entire testimony. If you can identify a specific portion of his testimony, the Court will attempt to address your request. Please do not disclose the state of your deliberations in any such request. Signed by me. Mr. Kratz, is that answer acceptable to the State?