MOTION FOR CORRECTION OF TRANSCRIPT - John Marek

http://johnmarek.us/legal/motiontocorrectthetranscript.htm

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. 83-7088CF-B
STATE OF FLORIDA,
Plaintiff,
v.
JOHN MAREK,
Defendant.
__________________________/
MOTION FOR CORRECTION OF TRANSCRIPT
COMES NOW the Defendant, JOHN MAREK, by and through undersigned counsel, and herein respectfully requests that a hearing be held to correct the transcript. In support of this motion, Mr. Marek states:
1. Mr. Marek’s counsel is in receipt of the transcript that has been prepared reflecting the testimony at last week’s evidentiary hearing. However, counsel believes that the transcript contains an error in the transcription of the testimony of Leon Douglass. On page 145 of the transcript, the cross-examination of Mr. Douglass is in progress. The transcript shows the following:
Q. What does he look like?
A. He was a black male, kind of skinny, brownish/blackish hair, dark-colored hair, if you will, five-foot-seven, eight. Any other description you’d like for me to give?
Q. Weight?
A. Probably 150 pounds, 160 pounds.
(June 1st transcript at 145).
2. Counsel is absolutely certain that he did not hear any statement by Mr. Douglass describing Mr. Wigley as a black male. Certainly, had such a statement been made, Ms. Bailey would have immediately asked in her condescending tone, "Are you telling us that Mr. Wigley was a black male?" Since Ms. Bailey did not make any reference to such a glaring error, it is clear that she did not hear Mr. Douglass describe Mr. Wigley as a black male.
3. Moreover, it would make no sense for Mr. Douglass to describe Mr. Wigley as a black male and then proceed to describe his hair color as "brownish/blackish hair, dark-colored hair, if you will" (June 1st transcript at 145), since a black male is presumably going to have dark-colored hair. A black male’s hair color is only addressed if it is not dark-colored.
4. Further, had counsel heard Mr. Douglass describe Mr. Wigley as a black male, he would have addressed such a description in redirect. Counsel knew that Mr. Douglass described Mr. Wigley as a white male to Mr. Ashton. Counsel knew that Mr. Douglass had correctly identified a picture of Mr. Wigley as the man that he knew when shown the picture by Mr. Ashton. Counsel knew that Mr. Douglass had correctly described Mr. Wigley as a white male to Ms. McDermott when she spoke to him. Had he heard Mr. Douglass describe Mr. Wigley as a black male, not only would he have pursued the matter in redirect, he would have questioned Mr. Ashton and Ms. McDermott regarding Mr. Douglass’ description of Mr. Wigley to them, and his ability to correctly identify a photograph of Mr. Wigley.
WHEREFORE, Mr. Marek requests a hearing to address the accuracy of the transcription of the portion of the testimony and to correct the transcript.
I HEREBY CERTIFY that a true copy of the foregoing motion has been furnished by electronic mail and U.S. Mail, postage prepaid, to all counsel of record on June 12, 2009.

___________________________________
MARTIN J. McCLAIN
Florida Bar No. 0754773
McClain & McDermott, P.A.
Attorneys at Law
141 N.E. 30th Street
Wilton Manors, FL 33334
(305) 984-8344
Counsel for Mr. Marek
Copies furnished to:
Susan Bailey
Assistant State Attorney
Broward County Courthouse
201 SE 6th Street
Room 675
Ft. Lauderdale, FL 33301-3304
Carolyn Snurkowski
Assistant Attorney General
Department of Legal Affairs
The Capitol PL01
Tallahassee, Florida 32399-1050