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  1. #16
    Quote Originally Posted by katydid23 View Post
    What was your take on him saying ' On behalf of Ross, we rest our case.' I have never heard it worded that way before.

    I may be imagining it, but it almost sounded like he was blaming him for the early closing of their case?
    I heard it as Kilgore communicating nearly the opposite sentiment. That he said “ROSS” to make a statement he was defending a person he believed innocent of the charges, rather than “Mr. Harris,” a generic, which could communicate his defense of Ross Harris meant nothing more to him than just doing his job.


    ETA. I'll be the first to admit, though, that i do overthink things. Occasionally.
    Last edited by Hope4More; 11-05-2016 at 03:44 PM.
    RIP, Cassini. To her tireless overseers- job well done.

  2. #17
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    Quote Originally Posted by katydid23 View Post
    What was your take on him saying ' On behalf of Ross, we rest our case.' I have never heard it worded that way before.

    I may be imagining it, but it almost sounded like he was blaming him for the early closing of their case?
    The only thing unusual about that to me is his using Ross' first name, but the lawyers and witnesses have all done this with each other throughout the case - so probably no big deal.

  3. #18
    Quote Originally Posted by MsMarple View Post
    So... back to Dr. Diamond. I still have no idea why he was cut from testimony at the last minute. On April 9 the State filed several motions regarding both Dr. Diamond's and Dr. Agharkar's testimonies. They are linked on the Court Chatter site:

    http://www.courtchatter.com/justin-r...-trial-archive

    I had a long post but deleted it since I'm not an attorney and decided it was best discussed by our two goto attorneys on the thread and/or members who have a clearer understanding than I do. In the following motion section 2 discusses hearsay and to my layperson's understanding seems to indicate that Ross needed to testify in order for Dr. Diamond and Dr. Agharkar to discuss what Ross told them during interviews:

    http://media.wix.com/ugd/943520_a39c...ddf4e6a29e.pdf

    If that's the case then it may be that Ross backed out of testifying at the 11th hour (or would that be the 9th hour? ) and therefore made it impossible for either expert to fully testify about their opinions. And if that's correct then the experts may have bailed or maybe the defense dismissed them since what they had planned to say would have been compromised.
    Really useful information, thank you so much for the links!!

    The State's argument was that neither Dr. D or Dr. A could testify about what Ross told them in their interviews with them unless the State introduced reports by the docs (they did not) or if Ross Harris testified (I think even FiRST, before the experts, but will reread), because otherwise RH's statements would be impermissable hearsay.

    So, neither expert could refer to those statements made by Ross, but they could still testify, theoretically, without referring to the statements.

    IMO, it's doubtful the DT wanted RH to take the stand...(still thinking about that one, though). More difficult to believe they made their ability to put Diamond on the stand contingent upon Ross testifying.

    Thinking about connection between FBI report and all this?
    Last edited by Hope4More; 11-05-2016 at 03:41 PM.
    RIP, Cassini. To her tireless overseers- job well done.

  4. #19
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    Quote Originally Posted by Hope4More View Post
    REALLY useful information, thank you so much for the links!!

    The State's argument was that neither Dr. D or Dr. A could testify about what Ross told them in their interviews with them unless the State introduced reports by the docs (they did not) or if Ross Harris testified (I think even FiRST, before the experts, but will reread).
    Did you mean "unless the defense introduced reports by the docs (they did not)?" Did the judge ever rule on any of the motions? I don't recall hearing any outcomes.

    So if the defense did not turn over the reports perhaps they intended to put Ross on the stand and when he bailed the dominoes fell and the experts were cut.

  5. #20
    Quote Originally Posted by MsMarple View Post
    Did you mean "unless the defense introduced reports by the docs (they did not)?" Did the judge ever rule on any of the motions? I don't recall hearing any outcomes.

    So if the defense did not turn over the reports perhaps they intended to put Ross on the stand and when he bailed the dominoes fell and the experts were cut.
    No, I meant the State. If the State had introduced the reports, the State would have opened the door to the defense referring to what was in the reports, without it being considered hearsay.
    RIP, Cassini. To her tireless overseers- job well done.

  6. #21
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    Quote Originally Posted by MsMarple View Post
    Did you mean "unless the defense introduced reports by the docs (they did not)?" Did the judge ever rule on any of the motions? I don't recall hearing any outcomes.

    So if the defense did not turn over the reports perhaps they intended to put Ross on the stand and when he bailed the dominoes fell and the experts were cut.
    BINGO. That might have been it right there. Maybe they planned to put Ross on the stand to allow the other experts to testify. I have never seen Dr Diamond testify as an expert without the defendants also taking the stand.

    But if it is true that Ross told his family to stay away from the court, then he is very ashamed and humiliated, imo. So maybe he just cannot bring himself to take the stand.
    “Every day that they don’t find something is good for me.“ Billie Dunn

  7. #22
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    Quote Originally Posted by Hope4More View Post
    No, I meant the State. If the State had introduced the reports, the State would have opened the door to the defense referring to what was in the reports, without it being considered hearsay.
    Ah, okay. So the defense turned over the reports to the state but the state didn't introduce them as evidence at trial? Couldn't the defense enter them as evidence themselves? Sorry - I feel really dense here.

  8. #23
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    Quote Originally Posted by MsMarple View Post
    So... back to Dr. Diamond. I still have no idea why he was cut from testimony at the last minute. On April 9 the State filed several motions regarding both Dr. Diamond's and Dr. Agharkar's testimonies. They are linked on the Court Chatter site:

    http://www.courtchatter.com/justin-r...-trial-archive

    I had a long post but deleted it since I'm not an attorney and decided it was best discussed by our two goto attorneys on the thread and/or members who have a clearer understanding than I do. In the following motion section 2 discusses hearsay and to my layperson's understanding seems to indicate that Ross needed to testify in order for Dr. Diamond and Dr. Agharkar to discuss what Ross told them during interviews:

    http://media.wix.com/ugd/943520_a39c...ddf4e6a29e.pdf

    If that's the case then it may be that Ross backed out of testifying at the 11th hour (or would that be the 9th hour? ) and therefore made it impossible for either expert to fully testify about their opinions. And if that's correct then the experts may have bailed or maybe the defense dismissed them since what they had planned to say would have been compromised.
    Wish you had not deleted the other information written for your post for your thoughts are well-presented

    I believe Kilgore when he informed the Judge that he met with Ross on Sunday afternoon to discuss his right to testify in his trial. Kilgore stated he had spent an accumulative amount of ten hours time on the subject with JRH since knowing JRH for the past 2yrs +. For those reasons, I feel the DT knew, for certain, no later than Sunday that JRH would not be taking the stand on his own behalf.

    SideNote: currently lacking my sharpest mental acuity due 1) to caring for my father (84yo who has dementia and walked away from my home twice last month and 2) lack of sleep from this all-consuming trial.

    That noted, it seems the DT suffered a set back at the end of last week that continued over into this week that then, culminated into what we saw happening Wed., Th., and, finally, on yesterday. When MK stated "for what it's worth", he conceded that the battle had been lost.

    MK's last remarks to the jury may have been a bit more palatable if he included a greeting, such as, by saying, "Ladies and Gentlemen of the Jury, on behalf of Ross, we rest our case."

  9. #24
    I'm focusing on the whole Dr. Diamond thing, but FWIW, the State's rebuttal witness made imo another (inferred) point that was just as meaningful as the doll's head measurements.

    Leanna testified that Cooper had not undergone any signigicant growth spurt in the few months before he died, that his growth had always been steady, but gradual.


    Cooper's daycare teachers testified otherwise, that Cooper very much HAD just gone through a major growth spurt, both physical and developmentally.

    I gave that one to Leanna, because moms would know best. BUT. Detective S. read measurements directly from Cooper's medical records, taken on a routine visit to his pediatrician in March, 3 months before his death.

    In March, Cooper was 31" tall. At the time of his death he was 33" tall. Perhaps the meaning of growth spurt can be considered subjective, but there is no way as a mom I would consider 2" growth in 3 months anything other than that.
    RIP, Cassini. To her tireless overseers- job well done.

  10. #25
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    Quote Originally Posted by DeDee View Post
    Wish you had not deleted the other information written for your post for your thoughts are well-presented

    I believe Kilgore when he informed the Judge that he met with Ross on Sunday afternoon to discuss his right to testify in his trial. Kilgore stated he had spent an accumulative amount of ten hours time on the subject with JRH since knowing JRH for the past 2yrs +. For those reasons, I feel the DT knew, for certain, no later than Sunday that JRH would not be taking the stand on his own behalf.

    SideNote: currently lacking my sharpest mental acuity due 1) to caring for my father (84yo who has dementia and walked away from my home twice last month and 2) lack of sleep from this all-consuming trial.

    That noted, it seems the DT suffered a set back at the end of last week that continued over into this week that then, culminated into what we saw happening Wed., Th., and, finally, on yesterday. When MK stated "for what it's worth", he conceded that the battle had been lost.

    MK's last remarks to the jury may have been a bit more palatable if he included a greeting, such as, by saying, "Ladies and Gentlemen of the Jury, on behalf of Ross, we rest our case."
    RBBM

    Re the bold: That might explain why Dr. Brewer was called instead, as a last minute witness. It makes no sense that both he and Dr. Diamond would be needed, not to mention Dr. Agharkar too.

    But then who was the witness with 50 slides who didn't testify? I would think pulling a witness within a period of an hour or so isn't typical in trials so we're kind of back to wondering if some unexpected legal issue came up. I give up - this is over my head.


  11. #26
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    Quote Originally Posted by katydid23 View Post
    LOL...sounds familiar. I am in California so if I want to hear the morning testimony, I have to wake up around 5:30 am... Many times my hubby wakes up at 7 to get ready for work, and sees me sitting with my headphones on the couch, huddled over the laptop. He thinks I am I told him about this case, and all he can say about me watching it is ' Isn't that unpleasant?' Why do you want to spend time on such an unpleasant experience?

    During trials I have to bring out the crockpot. Works great as a nice way to make a 'home cooked' meal with no muss or fuss. Best one is the chicken breast, white potatoes, carrots, green beans, marinara sauce, parmesan cheese, 8 hours low setting----everyone is happy at dinner time...
    I use that same recipe when I want to play catch up for this trial. I am now tired of eating the same thing 16 days in a row.

  12. #27
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    JudyBolton is offline In memory: My dear friend Martha Mickel, kidnapped & murdered by Curtis Tyner.
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    Quote Originally Posted by Jewels53 View Post
    I was watching part of the Defense opening statements, and noticed at different time Ross would start to cry. He would start to cry when the focus was on him and and what had happened with Cooper. for example Kilgore played part of the police video when Ross was in the room by himself and he was acting strange ( or at least I thought he was).

    Do any of the rest of you find it odd that Ross can turn the water works on and off quick when it suits him. imho
    Yes, and in fact, at one point I wondered if he might have a slight touch of Aspergers (very slight) due to his weird reactions, lack of reactions, and (at times) almost inappropriate talking (ie: chatting with officer in patrol car, chatting with other guy in holding room, overexplaining, etc.) Don't believe that is the case or the DT would surely have used that to explain some of his bazaar traits to the jury.
    Judy ( posting only my opinion)

  13. #28
    Quote Originally Posted by MsMarple View Post
    Ah, okay. So the defense turned over the reports to the state but the state didn't introduce them as evidence at trial? Couldn't the defense enter them as evidence themselves? Sorry - I feel really dense here.
    The State wouldn't have introduced a defense expert witness 's report in any circumstance.

    The defense could have introduced the reports themselves, but only by putting the experts who produced them on the stand.

    Either DR. could have testified to everything they wrote in their reports OTHER than what RH told them about what happened on June 18 (assuming that Staley had ruled in the State's favor that those statements were hearsay unless RH testified himself, or that the DT anticipated such a ruling).
    Last edited by Hope4More; 11-05-2016 at 04:34 PM.
    RIP, Cassini. To her tireless overseers- job well done.

  14. #29
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    I give up. If I keep thinking about Dr. Diamond, I'm going to drive myself completely bonkers.

    On to the closing arguments, it should be good. Out of curiosity, is anyone still on the fence for the murder and neglect charges? I assume conviction on the sexting charges is inevitable.

  15. #30
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    Random thought - it could have been Ross who was going to testify and the 50 slides could have been for him. You know, like photos or ss' of loving texts to use during a narrative. Then, after his testimony the experts would come in. That order would make more sense - defendant testifies then experts who are now free to discuss what Ross said during interviews. Maybe we/I have been making it too complicated.

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