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  1. #16
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    I think Dr. Diamond is a crucial, and wonderful witness for the defense. But I would've thought his testimony would last at least two days with direct, cross and rebuttal. What's up with that? Maybe his testimony is going to be very limited as to the generalities of FBS? I can't think of another witness who has 50 slides. But what would his slides show? What about FBS is out on slides?
    So confusing. I'm in trial tomorrow so I won't get to check in until much later. And Diamond's is the only testimony I'm really interested in watching.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  2. #17
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    Quote Originally Posted by turaj View Post
    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.
    How was the memory guy discredited?
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  3. #18
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    If Junior today was already qualified and accepted as an expert, then Diamond certainly will be.

  4. #19
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    Quote Originally Posted by gitana1 View Post
    How was the memory guy discredited?
    I don't think that he was discredited. I think that his explanations favored the State rather than the DT. He was not a good witness for the DT.

  5. #20
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    Quote Originally Posted by gitana1 View Post
    How was the memory guy discredited?
    He wasn't.

  6. #21
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    Quote Originally Posted by turaj View Post
    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!!
    I think your take away is the exact opposite of what was going on.

    Learning that Ross got very little sleep 4 nights in a row gives the expert more basis to believe Ross was sleep deprived and even more vulnerable to the kind of memory lapse he has studied.

  7. #22
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    Quote Originally Posted by GA_Peach View Post
    I don't think that he was discredited. I think that his explanations favored the State rather than the DT. He was not a good witness for the DT.
    How do you think his explanations favored the State? I did not get that at all.


    Sent from my iPhone using Tapatalk Pro

  8. #23
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    Quote Originally Posted by GA_Peach View Post
    I don't think that he was discredited. I think that his explanations favored the State rather than the DT. He was not a good witness for the DT.
    discredit is wrong word very sorry...I am not a legal expert...he was not a convincing witness for the defense and tended to buy everything the state asked him to agree with...I doubt anyone could have watched him and thought he helped the defense but maybe some think that. I felt Kilgore looked pretty unhappy as did his client.

  9. #24
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    Quote Originally Posted by gitana1 View Post
    How was the memory guy discredited?
    Well at one point he asked to have a question repeated because his "mind was wandering"

    Corpus Christi, Texas

  10. #25
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    Quote Originally Posted by TexMex View Post
    Well at one point he asked to have a question repeated because his "mind was wandering"
    I even notice that at times as Boring was telling him various facts about what RH had done Brewer was looking on in amazement...like oh really...wow....that changes things....he was very interested in learning more from Boring. Boring literally owned that witness.


  11. #26
    Quote Originally Posted by TexMex View Post
    Well at one point he asked to have a question repeated because his "mind was wandering"
    Maybe he was simply illustrating how quickly one's mind can transition from alert to autopilot?
    RIP, Cassini. To her tireless overseers- job well done.

  12. #27
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    Quote Originally Posted by Hope4More View Post

    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.
    There is really no such thing as "wide open to be reversed." Some judges are very careful about it and err on the side of giving the defendant a wide berth of constitutional protections.

    Other judges, like Staley, wear their biases out in the open (hang 'em high, law & order) without apology or shame. Probably because that is acceptable and even preferable to the people of Georgia, and also because the Ga appeals courts have not curbed this kind of bias among judges.

    I can't think of a curative instruction she could give that would solve this. And even though I think it might be reversible error, that doesn't mean the appellate court will.

  13. #28
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    Quote Originally Posted by Hope4More View Post
    Maybe he was simply illustrating how quickly one's mind can transition from alert to autopilot?
    That is exactly what I was thinking when he became forgetful.

  14. #29
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    It seems like the efficacy of the memory witness depends totally on the opinion of the person watching. It's split almost exactly along lines. Those who believe the defendant is culpable view the witness as useless to the defense. Those who feel the defendant is innocent believe the witness was good for the defense.
    I think it shows that if the jury are leaning in one direction they're going to interpret what they see a certain way and there's not much either side can do at this point.

    There are such polar opposite opinions about this case. I have a feeling the jury is going to be quite similar.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  15. #30
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    I liked the take your shoe off and put it with the kid, that's a better idea than the contraptions I was thinking of making like a string tied to the car seat then to your wrist. The shoe is a much better idea, but then again if you are the forgetful type you might forget to use the shoe idea...

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