Cross talk between two lawyers in a Buchanan County courtroom reached a tipping point for the judge Tuesday, and what was expected to be a half-day trial is now scheduled for a second day.
“I’m embarrassed for both of you, quite frankly,” said Circuit Judge Daniel Kellogg. “From now on you will address your comments to me.”
Assistant Prosecuting Attorney Kate Schaefer and defense lawyer Joseph Morrey squared off in the trial of a jailhouse nurse accused of inappropriately touching two detainees. Carlos Marte, is a nurse working for Advanced Correctional Healthcare under contract with the Buchanan County Jail. He is charged with two counts of sexual contact with a prisoner, after the women accused him of inappropriately touching them during examinations last year.
During interviews with an investigator, Marte has denied doing anything inappropriate.
Testimony in the case has been riddled with objections from both sides, escalating the frustration of Judge Kellogg to the point of outright anger. The lawyers disagreed on what to call it when the defendant gave different answers to the same questions during two different interviews with the investigator. They disagreed on whether the interviews rose to the level of a criminal investigation, and whether Marte should have been read his Miranda rights. They disagreed on whether the room where the interview took place was in “the bowels of the Buchanan County Jail” or “the place where the defendant works.” There was even a disagreement on precisely where the crotch ends and the genitals begin.
And with each disagreement, their comments and objections were directed increasingly at each other.
“If this was a jury trial, I’m sure it would make them angry,” Kellogg said. “It makes me angry.”
Following the dispute Tuesday, Judge Kellogg said he would watch more than two hours of video recordings of various investigative interviews. That followed one video already introduced as evidence, under objection. It was not clear whether the additional videos would be allowed into evidence, but it was clear there would be another objection.
The trial will resume on Wednesday with at least one more prosecution witness. Then Marte and his wife are expected to take the stand for the defense.
Following that: closing arguments.