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  1. #1
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    Toss the plant growth?

    Is this true? The SA wants plant growth thrown out?

    Prosecutors have told the judge they feel defense attorney Jose Baez didn't follow one of the courts orders when it comes to deadlines and want him to find Baez in contempt.

    They also want the judge to toss out defense motions that discuss plant growth at the crime scene and mentions of chloroform.

    SNIPPED http://www.cfnews13.com/article/news...ucial-hearings.

    First time I have heard this.

  2. #2
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    It sounds like they are asking the judge to throw out the defense's motions to keep the plant growth evidence out......which is actually fighting to keep it in.....one of those double negatives I hate! This week's hearings should be a nice warm up before trial!

  3. #3
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    Defense Motion to Exclude Unreliable Evidence (Plant or Root Growth) - filed on 12/30/10

    State's Motion to Strike Defense Motion to Exclude Unreliable Evidence (Plant or Root Growth) - filed on 02/15/11


    I know we have discussed this but not sure where. Is it buried in the Stream of Motions thread maybe? Let me know if it is somewhere else and I will merge the threads.

  4. #4
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    I don't know if this will help or not but here is Mr. Ashton, in his own words, explaining his motions to HHJP at the hearing on February 25, 2011..

    http://www.wftv.com/video/26999580/index.html

    At about 21:08 minutes in:
    JA: Let me clarify. I only requested my motions to strike those motions be heard. Not the motions themselves. I知 sorry if there was confusion about that. It was simply my motions to strike them.

    And:
    At about 22:40
    JA: What I知 suggesting in the motion; and I was very careful to say it this way謡as not necessarily that the whole motion be stricken but that the request for a Frye hearing be stricken because of the insufficiency of the pleadings. What the effect that that has is葉he defense can still put on whatever witnesses they want; it simply is asking the court to rule that the motion is not sufficient to require the state to go forward and to prove general acceptance under Frye, for the issues stated in the motions. So, to do them at the same time would be inefficient, because we would not know going in who has got the burden or what the issues are going to be. Which is why I wanted them heard before hand.

  5. #5
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    Prosecutors have told the judge they feel defense attorney Jose Baez didn't follow one of the courts orders when it comes to deadlines and want him to find Baez in contempt.

    They also want the judge to toss out defense motions that discuss plant growth at the crime scene and mentions of chloroform.

    All of those motions are scheduled for Thursday痴 hearing.

    http://www.cfnews13.com/article/news...ucial-hearings
    Sounds to me, the state wants Baez motions tossed the plant growth will show Caylee laid there the entire time...seems Baez is trying to get it excluded and JA wants it in...JMHO

    I also want to hear him defend himself on the contempt allegation...and ICA needs to hear it too...she should be present for these two hearings...March 2/3...JMHO

    Justice for Caylee

  6. #6
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    Quote Originally Posted by LiveLaughLuv View Post
    Sounds to me, the state wants Baez motions tossed the plant growth will show Caylee laid there the entire time...seems Baez is trying to get it excluded and JA wants it in...JMHO

    I also want to hear him defend himself on the contempt allegation...and ICA needs to hear it too...she should be present for these two hearings...March 2/3...JMHO

    Justice for Caylee
    LiveLaughLuv: HHJP has specifically ordered her to be at the hearing on March 2, 2011; see page 2, #2. But I think she will have to be there on the 3rd, also? I believe she is supposed to be at all hearings, with the exception of 'status' hearings.

    http://www.ninthcircuit.org/news/Hig...ess%20List.pdf

  7. #7
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    Quote Originally Posted by Truth Prevails View Post
    LiveLaughLuv: HHJP has specifically ordered her to be at the hearing on March 2, 2011; see page 2, #2. But I think she will have to be there on the 3rd, also? I believe she is supposed to be at all hearings, with the exception of 'status' hearings.

    http://www.ninthcircuit.org/news/Hig...ess%20List.pdf
    Yes, Truth, she must be there! Other than status hearings, she must attend pretrail hearings where motions are being heard....I wonder if she too is counting the days until trial...seems that's all she can do, being isolated for over 2 years.


    I know last time she appeared, she didn't look well rested. I'm guessing this trial is weighing heavily on her and she should really think about changing her plea. JMHO

    Justice for Caylee

  8. #8
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    The court says the hearing will be in 19D but last time it said that the hearing was on the 23rd floor. Musikman or anyone else want to guess where these will be held? In the past when I have asked at the info counter downstairs, they are clueless.

  9. #9
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    Quote Originally Posted by Amil View Post
    The court says the hearing will be in 19D but last time it said that the hearing was on the 23rd floor. Musikman or anyone else want to guess where these will be held? In the past when I have asked at the info counter downstairs, they are clueless.
    Hooray! This means you are going to the hearings! I love that because you give us the really good details we would not know otherwise. Love it!!

    and really really wish I was going with you.....



  10. #10
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    Quote Originally Posted by LiveLaughLuv View Post
    Yes, Truth, she must be there! Other than status hearings, she must attend pretrail hearings where motions are being heard....I wonder if she too is counting the days until trial...seems that's all she can do, being isolated for over 2 years.


    I know last time she appeared, she didn't look well rested. I'm guessing this trial is weighing heavily on her and she should really think about changing her plea. JMHO

    Justice for Caylee
    I don't know how she REST PERIOD, knowing that she murdered that precious baby!!
    Media thread for Abby and Libby.


    http://www.websleuths.com/forums/sho...5#post13163455

    WebSleuths Lingo thread.

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  11. #11
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    Quote Originally Posted by Truth Prevails View Post
    I don't know if this will help or not but here is Mr. Ashton, in his own words, explaining his motions to HHJP at the hearing on February 25, 2011..

    http://www.wftv.com/video/26999580/index.html

    At about 21:08 minutes in:
    JA: Let me clarify. I only requested my motions to strike those motions be heard. Not the motions themselves. I知 sorry if there was confusion about that. It was simply my motions to strike them.

    And:
    At about 22:40
    JA: What I知 suggesting in the motion; and I was very careful to say it this way謡as not necessarily that the whole motion be stricken but that the request for a Frye hearing be stricken because of the insufficiency of the pleadings. What the effect that that has is葉he defense can still put on whatever witnesses they want; it simply is asking the court to rule that the motion is not sufficient to require the state to go forward and to prove general acceptance under Frye, for the issues stated in the motions. So, to do them at the same time would be inefficient, because we would not know going in who has got the burden or what the issues are going to be. Which is why I wanted them heard before hand.
    Quote Originally Posted by LiveLaughLuv View Post
    Sounds to me, the state wants Baez motions tossed the plant growth will show Caylee laid there the entire time...seems Baez is trying to get it excluded and JA wants it in...JMHO

    I also want to hear him defend himself on the contempt allegation...and ICA needs to hear it too...she should be present for these two hearings...March 2/3...JMHO

    Justice for Caylee
    -----------

    I find the motions filed by defense to be interesting.Every time they file,shows me what they're skeered of..ROFLOL
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  12. #12
    Join Date
    Aug 2008
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    Quote Originally Posted by suepitzl View Post
    Is this true? The SA wants plant growth thrown out?

    Prosecutors have told the judge they feel defense attorney Jose Baez didn't follow one of the courts orders when it comes to deadlines and want him to find Baez in contempt.

    They also want the judge to toss out defense motions that discuss plant growth at the crime scene and mentions of chloroform.

    SNIPPED http://www.cfnews13.com/article/news...ucial-hearings.

    First time I have heard this.
    They want the judge to throw out JB's poorly worded and poorly supported challenge to the states Plant Growth expert. Not throw out any plant growth testimony. basically JB is seeking to argue that a Botanist can't offer an expert opinion on how fast plants grow.



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