Jurors are on lunch now. But before they went on break, prosecutors requested to admit certain video footage into evidence.
When Ortega is on the stand, the DOJ wants to admit videos depicting the Capitol Visitor Center and the lower west terrace tunnel.
Mehta was unconvinced that the footage from the lower west terrace was relevant because none of the defendants in this case specifically were in the tunnel.
Here’s how that exchange shook out:
So where does that leave us? Mehta says the Capitol Visitor Center footage will be pulled out and so will some of the footage from the lower west terrace tunnel where some of the worst violence occurred.
Judge Mehta: Nobody from that tunnel was able to get into the Capitol so it doesn't help you to establish that defendants got in, it's just violence and the images are inflammatory.
Mehta said he's seen compilation videos in other cases and he cut some of them before. too.
Nestler kept at it: "But [Caldwell] was around it, and he wouldn't be looking into the tunnel, but was aware of the police response at the tunnel. He was nearby.
Mehta says he doesn't doubt that was the case with Caldwell on the west plaza, but the tunnel video, not so.