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Michael Burt

Michael Burt

Sep 2, 2026

speaker_3UNKNOWN
125:19
Mr. Burt.
125:21
Judge, with the court's permission, I'm going to be narrowly focused on the comments that were made in the state's pleading and just by Mr. McBride about the forensic evidence in the case and specifically the DNA and firearms evidence.
125:42
And the pleadings say very little about either one of those topics.
125:46
There's a sentence about the firearm evidence, and there's, I think, one or two sentences about the DNA reports.
125:55
Nothing is said about the testimony of the three experts who testified here in front of the court.
126:04
And that focus, I think, is consistent with the state's position throughout this hearing, which is that the court shouldn't look underneath the reports that the state chose to put in front of you, the expert reports, and specifically exhibits 30 through 34.
126:25
And their position, as they argued to you during the hearing, was that by law, those reports, constitute reliable hearsay evidence that this court must credit.

10 MINS LATER

136:44
Thank you, Mr.
speaker_1MODERATOR
22:39
Yes, Mr. Burt, if you wouldn't mind coming forward.
22:42
Judge, I wanted to clarify one argument that was made by counsel for the media yesterday, and that was the rules, the rule 4-202.02 does not apply to the situation we're in right now, and that is wrong.
22:58
The rule says that this rule applies to the judicial branch, and 4-202.02J says the judge... may regulate or deny access to exhibits to ensure a fair trial.
23:18
So I think that rule does apply to our situation, and the Supreme Court in the Algier, A-L-L-G-I-E-R case, 258 Pacific Third, 589, applied the rule in the context of an evidentiary exhibit.
23:35
And I know the court has not mentioned, since counsel made that argument, this particular rule, but I think it does apply here.
23:41
And also applicable is the Supreme Court's decision in the Kearns case, which we talked about when we argued the motion for denying access to the cameras.
23:51
And that case, Kearns v. Tribune Corporation, 685 Pacific 2nd, 515, says that the standard the court ought to apply in determining whether an exhibit at a preliminary hearing should be sealed is one of a, quote, realistic likelihood of prejudice.

3 HRS 28 MINS LATER

speaker_1MODERATOR
232:34
Mr. Burt.
4:34
Has it always been Lumberlost?
4:37
um yeah actually it has uh we never really had a name you know if you don't want to go back to the roots of this whole thing i started this band basically you know with a bunch of craiglist ads and it was mostly designed at that point to be a worship team oh really yeah and um You know, I started working with some different people from some different churches and stuff.
4:57
I'd kind of grown fond of that idea when I was in L.A., but right before that, I moved back to Washington because of work.
5:03
But before that, I was with a worship team down south, and my guitar player down there, a guy named Sal, his nephews were the band P.O.D. Oh, wow.
5:13
I got to meet those guys and I was kind of like, wow, this is kind of cool.
5:16
And I met another band called Switchfoot.
5:18
And it was all of a sudden I'm meeting these Christian rock bands that made the crossover into metal and to hard rock.

49 MINS LATER

54:48
I'm like, how is he even doing that?
5:58
... to be on the team that allowed for that, uh, huge transformation?
6:01
transformation?Well, I was a deep disciple from 18 to 25 of Stephen Covey, okay? So I got turned on to Stephen Covey by a very famous coach here in Nashville named Don Meyer, who's at David Lipscomb University and, uh, so I started reading Covey early at 18, and that's not easy to read at 18, right? Not a lot of people are studying Stephen Covey at 18 years old, and this was, you know, 30 years ago.
6:24
Uh, so Covey was big on The Seven Habits of Highly Effective People, but he was really big on what's called the whole person theory, and the whole person theory says that people are made up of four parts.
6:32
They have a body, that's a physical.
6:35
They have a mind, that's mental.
6:36
They have a heart, that's emotional.
6:38
They have a spirit, that's spiritual, right? And each of these parts produce different dimensions, different intelligences, different capacities.
7:46
Mm-hmm.
7:22
Sure.
7:22
It's not a quick trick.
7:24
And so, just relationship driven, and then you f- for us, one of our biggest thing is, is finding a good relationship that was more or less sustainably sourced.
7:34
What I mean by that is at least e- nut, nut farming is a dirty business, can be a dirty business, because a lot of it comes internationally, because nuts are, you know, different nut variants are grown internationally.
7:46
And so trying to get with someone that holds s- our family values, our, you know, Catholic values about how we're sourcing and what we're bringing in, and then the people that are then treated making that product.
9:40
Mm-hmm.
9:40
... massive ones.
9:41
So as a result, some of the...

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