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  1. #1
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    2010.11.29 Hearing: RE: Defense's Experts Not Creating Reports

    This was brought up at today's hearing.
    I realize that Baez wants as little in writing as possible, but how can you work with no written reports? Seriously?
    JMO.

  2. #2
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    For example, when they had their experts come in for that 2 day evidence review, one of the issues was that the defense be provided access to a room nearby to communicate privately. HHJP granted this because whatever was discussed between the defense attys and their potential experts can be considered work product and will not be discoverable. However, once a formal report is written and submitted it becomes a discoverable and they are obligated to turn it over to the SA. All these players know how to play the game. However, I thought I heard JA mention that he knew an assistant for Henry Lee ( ?) was taking notes. Those would be probably be discoverable.

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    Also, AZlawyer said in the hearing thread that experts testify to what is said in their depositions so they can't say "go read my report". It still seems odd that JB is saying there are no reports, though.

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    Quote Originally Posted by Aedrys View Post
    Also, AZlawyer said in the hearing thread that experts testify to what is said in their depositions so they can't say "go read my report". It still seems odd that JB is saying there are no reports, though.
    Agree..it's really odd. I don't understand how there could be no reports.

  5. #5
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    It would be very hard on a case this big not to have anything written, but once the expert makes a written report it goes to the other side in discovery. HOWEVER, the expert could say...call the defense, the phone call could be recorded and the defense could make notes. Not discoverable.

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    Sounds like shady tricks to me. No reports, no discovery. If they don't reduce it to writing, they don't have to turn it over. Only someone who was trying to hide something or "get one over on" would do something like this. If they had something helpful to ICA, they would have written a report, faxed it to the news outlets and called a press conference. JMO.




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  7. #7
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    Quote Originally Posted by Aedrys View Post
    Also, AZlawyer said in the hearing thread that experts testify to what is said in their depositions so they can't say "go read my report". It still seems odd that JB is saying there are no reports, though.
    I saw that and I agree with what she is saying. However, I thought they could be used to impeach a witness on the stand should their testimony change. I asked her on the hearing thread. Hoping to get some clarification in re. the value of the (non)reports.

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    Riiiiiigggghhhhtttt.

    Depositions will be tricky for them if that is not the case-if SA discovers reports somewhere, the experts will be impeachable.
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  9. #9
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    Quote Originally Posted by 'Beach View Post
    I saw that and I agree with what she is saying. However, I thought they could be used to impeach a witness on the stand should their testimony change. I asked her on the hearing thread. Hoping to get some clarification in re. the value of the (non)reports.
    I've also asked in the lawyer thread for some clarifications on reports.

  10. #10
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    Quote Originally Posted by redkatrampant View Post
    This was brought up at today's hearing.
    I realize that Baez wants as little in writing as possible, but how can you work with no written reports? Seriously?
    You don't work without records and you would never testify without a copy of your records. EVER. The defense told their experts to destroy their records and shredded all of theirs IMO. There's no list of defense experts to contradict the states and won't be IMO.

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  11. #11
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    Reports are produced in part to protect the person making them in a court of law. No report, no documented protection for the reporter.
    No report, no documentation of the testing done, methods used, variables, etc. etc.

    It's like it never happened. That's what we're taught in school day 1.

    Injustice for Caylee Marie Anthony.

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  12. #12
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    Quote Originally Posted by KaylynnCouture View Post
    Agree..it's really odd. I don't understand how there could be no reports.
    The scientists made reports but the lawyers didn't like them. No scientific work was done without constant reporting.
    If it wasn't documented, it hasn't been done.
    Last edited by kaRN; 11-29-2010 at 04:47 PM.

    Injustice for Caylee Marie Anthony.

    Copyright that Cindy

    Unless someone like you cares a whole awful lot. Nothing is going to get better. It's not. Dr. Suess

  13. #13
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    Quote Originally Posted by 'Beach View Post
    For example, when they had their experts come in for that 2 day evidence review, one of the issues was that the defense be provided access to a room nearby to communicate privately. HHJP granted this because whatever was discussed between the defense attys and their potential experts can be considered work product and will not be discoverable. However, once a formal report is written and submitted it becomes a discoverable and they are obligated to turn it over to the SA. All these players know how to play the game. However, I thought I heard JA mention that he knew an assistant for Henry Lee ( ?) was taking notes. Those would be probably be discoverable.
    Could Baez or an associate be taking notes while the Expert is telling them what he/she found?
    I would suppose that would not be discoverable since it was not the Expert who wrote the report.
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  14. #14
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    After watching many many trials, the experts are always there with huge notebooks in front of them. While being questioned they will very often say "can I refer to my notes". The trial is not until May, 2011 -- are all the experts supposed to rely on their memory?

    This is one HUGE mistake for the defense, and the prosecution is gonna tear them apart at trial. In short, those experts will all be impeachable with no backup to fall back on.

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  15. #15
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    Quote Originally Posted by Intermezzo View Post
    Could Baez or an associate be taking notes while the Expert is telling them what he/she found?
    I would suppose that would not be discoverable since it was not the Expert who wrote the report.
    Agreed - because Baez could write it to make his defense look good. His decision is a very bad one, and I'm quite shocked the experts went along with it. They might as well not bother showing up to court.

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    Mel

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