1

 1  The State of Ohio,   ) 

 2  County of Lorain    ) SS:  

 3               IN THE COURT OF COMMON PLEAS

 4  THE STATE OF OHIO,         )
                 Plaintiff;    )
 5       vs                   )  No 04CR065940
    RUBEN O RIVERA,           ) 
 6               Defendant    )
    
 7  THE STATE OF OHIO,         )
                 Plaintiff;    )
 8       vs                   )  No 05CR068067
                               )
 9  RONALD McCLOUD,            )     
                 Defendant    )
10                            ***
              COMPLETE TRANSCRIPT OF PROCEEDINGS
11             MONDAY, APRIL 7, 2008 - VOLUME I
    APPEARANCES:
12       Appearing on behalf of the State of Ohio:
         Lorain County Prosecutor's Office, 
13       Dennis P Will, Lorain County Prosecutor, by
         Anthony D Cillo, Assistant County Prosecutor
14               and
         Billie Jo Belcher, Assistant County Prosecutor;
15  
         Appearing on behalf of the State of Ohio,
16       Marc Dann, Ohio Attorney General, by
         Stephen E Maher, Assistant Attorney General;
17  
         Appearing on behalf of the State of Ohio,
18       Ohio Department of Corrections, by
         Gregory Trout, Chief Legal Counsel;
19  
         Appearing on behalf of Defendant Ruben Rivera:
20       Kreig Brusnahan, Esq
                 and
21       American Civil Liberties Union of Ohio Foundation, by
         Jeffrey M Gamso, Esq;
22  
        Appearing on behalf of Defendant Ronald McCloud:
23      Daniel G Wightman, Esq     
                 and
24       American Civil Liberties Union of Ohio Foundation, by
         Jeffrey M Gamso, Esq
25  ALSO PRESENT:  Milagros Pepple, Translator 

                                                               2

 1  The State of Ohio,   ) 

 2  County of Lorain    ) SS:  

 3  

 4               IN THE COURT OF COMMON PLEAS

 5  THE STATE OF OHIO,         )
                 Plaintiff;    )
 6       vs                   )  No 04CR065940
    RUBEN O RIVERA,           ) 
 7               Defendant    )
    
 8  THE STATE OF OHIO,         )
                 Plaintiff;    )
 9       vs                   )  No 05CR068067
                               )
10  RONALD McCLOUD,            )     
                 Defendant    )
11
                              ***
12
              COMPLETE TRANSCRIPT OF PROCEEDINGS
13
               MONDAY, APRIL 7, 2008 - VOLUME I
14
                              ***
15
        BE IT REMEMBERED, that on Monday, the 7th day of
16
    April, 2008, being one of the regular days of the April
17
    term of said court, before the Honorable James M Burge,
18
    the Presiding Judge of said court, the above-captioned
19
    causes came on for hearing upon Defendants' Motion to 
20
    Declare the Lethal Injection Protocol Unconstitutional  
21
                               ***
22
    
23
    
24
    
25
    

                                                               3

 1           MORNING SESSION, MONDAY, APRIL 7, 2008

 2                          ***

 3         (JOINT EXHIBIT A MARKED FOR IDENTIFICATION)              

 4                          ***

 5           THE COURT:  Let the record reflect that we're 

 6  here pursuant to an adjournment last Thursday in the case 

 7  of State of Ohio versus Ruben Rivera, Case Number 

 8  04CR065940, and State of Ohio versus Ronald McCloud, Case 

 9  Number 05CR068067

10           The record should reflect in this case that 

11  Attorney Rivera is represented by -- excuse me -- 

12  Defendant Rivera is represented by Attorneys Kreig 

13  Brusnahan and Attorney Jeff Gamso, and that Mr McCloud is 

14  represented by Attorney Gamso again, and by Attorney 

15  Daniel Wightman

16           The State of Ohio is being represented today by 

17  Attorney Anthony Cillo, Attorney Billie Jo Belcher, 

18  Attorney Gregory Trout, and Attorney Stephen Maher  All 

19  are present

20           I note, as well, that Mrs Milagros Pepple is 

21  here to do the translation, the verbatim translation from 

22  English to Spanish, for the benefit of Mr Rivera  

23           And Mr Lieux, as well, who also represents Ruben 

24  Rivera, is observing  

25           I don't think I've left anybody out  All are 


                                                               4

 1  present

 2           I'd like to begin, today we'll be proceeding with 

 3  the presentation of testimony, as I understand it, by 

 4  Dr Mark Heath, who is a witness that will be called on 

 5  behalf of the defense  

 6           I'm informed, Attorney Cillo, that you will be 

 7  doing the cross-examination for the State of Ohio

 8           MR CILLO: