EXCERPT:
JUDGE: "Don't get brazen with me. You knew very well — you know very well that an attorney can’t go into these types of areas, when the judge has already ruled, without asking outside the presence of the jury to do so. So don't give me that. That’s number one. Number two, this is propensity evidence. I said that the time that I made my ruling, and I'll repeat again now for you, I see no similarity between talking about wishing you had your AR gun, which you don’t have, so that you could take — fire rounds at these thought to be shoplifters. And the incidents in these cases, which are not — there’s nothing in your case that suggests the defendant was lying in wait to shoot at somebody, or reflecting upon the shooting for a vast amount of time. Every one of the incidents involves matters that involve seconds in time. So, I don’t — I commented at the time, I don’t see the similarity and I don’t see the similarity now. If it’s not similar, that’s the whole rule. Those are all the exceptions to 90404. Check the authorities, [inaudible] more evidence. Judge Weinstein, Colonel McCormick. It’s the — the prior act has to bear the signature of the accused, for it has to be so similar as to suggest it’s a common plan or something like that. You have an incident where he’s making comments about some alleged shoplifters versus crimes that involve instantaneous actions. Whether premeditated murder or whether self-defense, that’s for the jury to decide. But I don’t see the similarity, I said it couldn’t come in and it isn’t coming in. No matter what you think. Number two, I have to be concerned that with what Mr. Richards has said about the progress of the trial when you were way — well, I said you’re over the line, close to or over the line on commenting on the defendant's pretrial silence, which is a well-known rule. I am astonished that that would have been an issue. So I don’t want to have another issue as long as this case continues. Is that clear?"
BINGER: "It is."
JUDGE: "Thank you. Ask the jury to come back in, please."