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The "theory of the defense" involves the issue of relevance. In a case where the prosecution accuses the defendant of murder through asphyxiation by duct tape or by poisoning with chloroform or both, the judge wants to know why we should bother hearing evidence that that victim enjoyed being in...

Another defense tactic that has me scratching my head. As I understand it, they wanted to call a law enforcement officer to testify that he asked an acquaintance of George and Cindy to wear a hidden microphone and engage George and Cindy in conversation, in an effort to obtain incriminating...

Can someone explain why Mason elicted testimony from a law enforcement officer that he handcuffed Casey for a brief time on July 15, the night Cindy reported Caylee missing? I don't see how that fact could possibly help the defense. Mason's a bright guy. He must have anticipated the...

I am astonished by the lack of empathy for Cindy. Her life must be a living hell. I cannot imagine a worse position for a parent to be in. I cherish honesty and integrity as much as anyone, but I know I would lie in a heartbeat, and never regret it, if I thought it was necessary to save my...

If the evidence regarding the odor of decomposition in the trunk did not compel the conclusion that Caylee's dead body was in the trunk, the hair expert's testimony this morning is. Caylee's hair found in the trunk had root banding, and he convinced me that the only way that could have happened...

Hearsay is defined as evidence of a statement that was made other than by a witness while testifying that is offered to prove the truth of the matter stated. The reasl hearsay is excluded is that our system of adjudication through adversarial proceedings is built on the notion that the best way...

I think you have the flesh out the hypothetical a bit because, depending on how she explains the evidence [e.g. duct tape, chloroform, decomposing body in trunk, 31 days of partying], I think there is a good chance prosecution would believe that jury would not believe her

Except it was JB who initiated the discussion. How could he not have thought to look for computer activity on July 16??? That's the day he claims the child drowned!!!! He'd want a minute by minute account of what everyone, especially Casey, did that day. Cell phones, bank records...

Thanks for that useful information. It answers some of my questions. But it raises the question, why not test the tape? That, in turn, raises another question that maybe you can answer. Was Baez required to share with the prosecution the results of the tests performed by defense experts...

I think it has to do with the question I posted above, regarding the questions asked by Ashton and Baez of the defense DNA guy concerning the fact that he didn't perform his super duper, better-than-the-FBI's tests on the tape. As I say in my post, I was confused by what happened, but this is...

I'm confused about what happened today with the defense DNA guy. His testimony,as I understood it, was that he's developed the next generation DNA test and, had he been afforded the opportunity, he could have found DNA on such things as the pieces of tape that the FBI could not find. However...

I agree with AZ: If George told Cruz he picked Caylee's dead body from the pool, her testimony about that statement would come in as impeachment [contradicting his prior testimony that he knows nothing about the circumstances of her death]. But, if Cruz's testifies to the statements by...

If you're right, Ashton may have created a huge problem for prosecution on appeal. Because the harm is already done. Ashton got the witness to say (1) he (the witness) told Baez he might find something if he ran his tests, and (2) Baez did not ask him (the witness) to run more tests...

And what does "IIRC" stand for?

He said he was putting the state on notice that he [JB] was taking the deposition of his own witness. This was a bizarre statement. It is only in the rarest situations that a party would take his own expert's deposition -- for example, where the expert is uniquely qualified and suffering from...

I can't imagine Rodriquez [or any hired expert] changing his mind so late in the game and refusing to testify. And, if he refused, I think most lawyers -- maybe even CA's lawyers -- would not call him; one would expect he would not be an effective witness. But, as a hypothetical, it's an...

I agree with those who say there are big pieces of this puzzle we do not know. But, based on what we do know, my best guess is that she thought her situation through enough to realize no one could corroborate her claim the child was alive after mid-June, but not enough to realize her partying...

I think what happened was interesting, too. But I don't think Spitz was accusing the medical examiner of impropriety in "manipulating" or "staging" the evidence. All he said was that the hair in the lab photo was not in the same orientation, relative to the skull, as in the crime scene photo...

I'm in the same boat. And that's why I'm glad I'm not a juror in this case. If this forum is a fair representation of how the jury is seeing the case, my fellow jurors would not like me very much.

Baez saying he's going to take the deposition of his own witness was further evidence of his lack of knowledge and inexperience. The reason for taking the deposition of an expert is to determine what his opinion is and the basis for it, so you can prepare to challenge it. It's done in the...