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  1. #1
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  2. #2
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    Nice day to go work in the yard some more. Have a great afternoon..

  3. #3
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    Thanks for the new thread ticya

  4. #4
    Bringing over, condensed, from closed thread:



    Katy: why put Brewer on the stand?
    ---------
    Minor Attorney:
    Just speculating here, but I think they put Brewer on as a test run for Dr Diamond's testimony.

    They wanted to see how Boring was going to cross examine him so they can prepare Diamond accordingly. He is, after all, probably their most important witness.
    ------
    Adding, IMO:

    One reason might be to preempt a line of argument by the State, while cross examining Diamond, that his expert opinion on FBS isn't widely accepted in the relevant scientific/medical fields, that's he's a professional defense witness, etc.

    In another words, Brewer takes some bullets to clear the path for Diamond.

    Who, when I think about it again, must be testifying. He had to have known the wicket he was getting into when he agreed to testify in this case, and imo, it would damage his credibility far more to back out of an ongoing trial than any dents on his reputation that might result from RH being found guilty. Jmo
    RIP, Cassini. To her tireless overseers- job well done.

  5. #5
    Bringing over from closed thread.

    Minor Attorney:

    IMO. They cannot put Ross on the stand because of the additional charges of sexting with minor or whatever they are.

    That's another reason the refusal to sever the charges might end up being reversible error - Ross cannot speak in his own defense on the murder charges without subjecting himself to cross examination on the sex charges.



    -----------------------

    Minor---


    That consequence of refusing to sever hadn't occurred to me. But surely it must have to Judge Staley? There isn't a more fundamental right than RH's constitutional right to defend himself.

    Being a nerd, now I'm wondering...are there any instructions Staley could have given/could give to the State, for the record, to forestall her ruling being considered reversible error on appeal?

    Such as- a ruling in which she acknowledges RH's right to testify in his own defense, acknowledges that the charges not being severed could potentially prejudice those rights, but provides remedy with an explicit instruction to the State that they are barred from asking RH any questions on cross relating to those charges?

    Even then I would think prejudice would still attach. Jurors know the charges, have heard testimony about them --including direct testimony by the involved minors--and are responsible for delivering a verdict on the charges. It would be reasonable for jurors to wonder, if RH did testify, why neither side or Ross even brought the subject up.

    Whatever criticisms I have of Staley (and they are fairly legion,lol) , I can't imagine she would leave herself wide open to be reversed, especially on such a high profile trial.
    Last edited by Hope4More; 11-03-2016 at 04:13 PM.
    RIP, Cassini. To her tireless overseers- job well done.

  6. #6
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    Quote Originally Posted by Hope4More View Post
    Bringing over, condensed, from closed thread:



    Katy: why put Brewer on the stand?
    ---------
    Minor Attorney:
    Just speculating here, but I think they put Brewer on as a test run for Dr Diamond's testimony.

    They wanted to see how Boring was going to cross examine him so they can prepare Diamond accordingly. He is, after all, probably their most important witness.
    ------
    Adding, IMO:

    One reason might be to preempt a line of argument by the State, while cross examining Diamond, that his expert opinion on FBS isn't widely accepted in the relevant scientific/medical fields, that's he's a professional defense witness, etc.

    In another words, Brewer takes some bullets to clear the path for Diamond.

    Who, when I think about it again, must be testifying. He had to have known the wicket he was getting into when he agreed to testify in this case, and imo, it would damage his credibility far more to back out of an ongoing trial than any dents on his reputation that might result from RH being found guilty. Jmo
    BBM Warning, long post:
    In awaiting Dr. Diamond’s testimony, I’ve been doing a lot of thinking. In general, I don’t always put a lot of stock in testimony of experts. Most trials have experts for the defense and experts for the prosecution who have opposite or conflicting “expert” testimony. Sometimes the expert’s testimony is based on their perceptions or their beliefs and opinions. Sometimes there is concrete evidence as to what they are saying, sometimes not. As far as Dr. Diamond, is he the only hot car death expert? I haven’t seen any others, which makes me question his theories and “expert opinion”. The mind or brain is somewhat of an uncharted universe. Studies are done of brain activity. We know what parts of the brain control functions, memory, personality etc. When the brain is damaged through trauma, stroke, disease, we can see the damage on CT scan or MRI. I concur it alters brain function/activity depending on the damage. But what I’m hearing/reading about Dr. Diamond, these are his opinions about how the “wiring” of the brain has been interrupted or rerouted. We can’t see that. It’s not tangible evidence. It’s his opinion. This happens he says with things like changes in routine, lack of sleep, over work, stress, and the brain short circuits. Again, how does he know this? It’s a guess, albeit an educated guess, but his opinion from studying these cases.

    But it got me to thinking about his “studies”. How many people/circumstances did he study? I can say I did a study by asking who the subjects thought would win the election, and 90% said Trump (or Hilary, pick your poison). But if I only asked 10 people, that’s not a very good study. So I looked at how many hot car deaths occur in the US in a year. I found 37, 39, but to keep the math easy, let’s say 40. I’m going to “assume” all those deaths had a “short-circuited brain” caregiver or FBS. I won’t think that any occurred because mom wanted to get a quickie from her supervisor, like that recent case, and just left the baby in the car, or one where mom or dad decided to stop at a crack house to get high. All are FBS in this scenario.

    So I asked myself, what is the percentage of that happening? How many kids are strapped into a car seat and driven around and NOT forgotten. The best statistics I could find were 24.1 million children between the ages of 0-5 in the U.S. (http://www.childstats.gov/americasch...ables/pop1.asp) I could not specifically find a 0-2 age group. If the 40 deaths (and 1 death is too many I might add) were 10%, then that is only 400 kids. No, not enough kids. 1% would be 4000 kids. Still too small a number. 40,000, maybe, which would be 0.001%. So, based on these figures, which is only hypothetical, can be more or less and probably more in this age group, that is 99.999% of parents/caregivers who drove around with kids strapped in car seats who didn’t have their brains re-circuit and remembered their children. I’m sure many of them were tired, over worked, stressed or out of routine, yet they ALL remembered their children in car seats. Just an observation, but makes me go WOW in that perspective.
    Last edited by ERRN1313; 11-03-2016 at 04:19 PM.

  7. #7
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    Apr 2016
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    Has there been any testimony about Ross's route from his condo to LAA? Did Ross take the highway to get to work? For the first time since June 2014, I feel that I actually have one theory about what happened. The testimony from this morning really connected a lot of dots for me, and I am finally able to put my finger on what I could never clearly articulate. I am plan to rewatch this morning's testimony this evening.

  8. #8
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    Honestly Brewer was so bad for the defense I cannot even believe the cross that Boring conducted. Brewer not only made the state's case stronger he would actually repeat some of the questions reinforcing the point state is making..this is just brutal. I am convinced that Dr. Diamond is in some hotel room right there and they said he was not there yet because they needed this afternoon to prep him ...he is their last hope. Honestly I think the defense case has been a bust.

  9. #9
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    Listening to more...the kid (he is so young) is just eating up what Boring is telling him about sleep, texting etc. getting wide eyed...the defense must be literally under the table right now...probably texting Diamond to hide in his room...he won't be needed today!!

  10. #10
    Quote Originally Posted by GA_Peach View Post
    Has there been any testimony about Ross's route from his condo to LAA? Did Ross take the highway to get to work? For the first time since June 2014, I feel that I actually have one theory about what happened. The testimony from this morning really connected a lot of dots for me, and I am finally able to put my finger on what I could never clearly articulate. I am plan to rewatch this morning's testimony this evening.

    Yes, there was. Well, kind of, about time only, and from home to CFA, not LAA. I think Stoddard testified to this, and on cross Kilgore elicited that Le had never driven the route, but had instead relied upon Google to provide an estimated time--which was around 20 minutes, iirc, an amount of time Kilgore did not concede as accurate. .
    RIP, Cassini. To her tireless overseers- job well done.


  11. #11
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    These early days have enabled me to get the kids closets cleaned out and the playroom...wahoo! I've been so addicted that I have not gotten all my charity donations for clothes and toys organized...now that I'm caught up I hope they go the whole day tomorrow lol..I'm ready for 50 slides!!

  12. #12
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    I only listened to the ending of today which is the short clip after lunch. It is the Prosecution witness they were not sure when would be able to get there. During the talking Evans said he left this afternoon and would be there tonight so would be able to be in court tomorrow. Sounded to me like all the testimony will be done tomorrow, with closing and charge on Monday. I could be mistaken though.

  13. #13
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    Quote Originally Posted by Hope4More View Post
    Yes, there was. Well, kind of, about time only, and from home to CFA, not LAA. I think Stoddard testified to this, and on cross Kilgore elicited that Le had never driven the route, but had instead relied upon Google to provide an estimated time--which was around 20 minutes, iirc, an amount of time Kilgore did not concede as accurate. .
    I knew the time estimate, but I was curious about the route Ross took to LAA. I want to know the actual roads he took. Ugh!

    Thanks to you I now remember LE admitting that they never drove that route.

  14. #14
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    the defense team looks extremely beat down as Dr. Brewer exits...they cannot face Diamond today and make some excuse that he is not there...not buying that at all...they need more time after watching Boring absolutely discredit their first "memory" guy. Diamond will be on tomorrow morning and then rebuttal for state...probably their own memory person? Not sure....closing could be monday unless RH testifies which we know he will not. Jury could have this Tues. so we will have an election watch and verdict watch.

  15. #15
    Quote Originally Posted by errn1313 View Post

    the mind or brain is somewhat of an uncharted universe.

    it's a very charted universe, actually. Some consider the past few decades and now, still, to be the "golden age" of brain research. There is so much more to chart, for sure, but that doesn't mean we have little to no understanding of how minds work.


    but what i’m hearing/reading about dr. Diamond, these are his opinions about how the “wiring” of the brain has been interrupted or rerouted. We can’t see that. It’s not tangible evidence. It’s his opinion. This happens he says with things like changes in routine, lack of sleep, over work, stress, and the brain short circuits. Again, how does he know this? It’s a guess, albeit an educated guess, but his opinion from studying these cases.

    no, actually, dr. Diamond has full academic credentials in the field of neurology. He isn't running around offering the unsupported opinions of a layperson.



    .......but it got me to thinking about his “studies”. How many people/circumstances did he study? I can say i did a study by asking who the subjects thought would win the election, and 90% said trump (or hilary, pick your poison). But if i only asked 10 people, that’s not a very good study. Sure many of them were tired, over worked, stressed or out of routine, yet they all remembered their children in car seats. Just an observation, but makes me go wow in that perspective.


    yes, diamond could be dismissed as a quack if he based his scientific interpretations on the statistically insignificant, tiny sample of defendants in hot car death trials he's been involved with.

    But....that's not what he does or has done. His research on fbs isn't based on studies of parents involved in hot car deaths, rather, he testifies in hot car death case trials about his neurological research relating to how fbs occurs .


    ]

    bbm.....
    RIP, Cassini. To her tireless overseers- job well done.

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