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03-16-2009, 12:35 AM
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I'm going against the grain- I'm going sane
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Join Date: Jul 2004
Location: Myrtle Beach
Posts: 13,891
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Quote:
Originally Posted by jandkmom
I was going back and listening to the hearing today. Did y'all hear the announcement before the hearing about getting rid of gum and turning off the cell phones? I wonder if the gum announcement was for CA? 
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I was shocked they were allowed to keep it! A lot of courts don't allow gum... and they are pretty strict about it.. the bailiff will send you out into the hall and make you spit it out. If he wants to be a jerk he won't let ya back in the court room.
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03-16-2009, 09:06 AM
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Registered User
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Join Date: Dec 2008
Posts: 556
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Why is JB not wearing his wedding ring?
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03-16-2009, 11:42 AM
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Retired WS Staff
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Join Date: Jan 2009
Location: In the sunshine.
Posts: 9,882
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Quote:
Originally Posted by scrabble
Why is JB not wearing his wedding ring?
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That's a very good question. I notice he has put on some weight so perhaps it is too tight???
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03-16-2009, 01:40 PM
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Inactive
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Join Date: Aug 2008
Posts: 2,471
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Quote:
Originally Posted by irishbosoxfan
SNIPPED: "... Once the report is generated there is no good reason to keep the notes--because everything from the notes would have been entered into the report
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True, and the question os whether or not there is any distinction between the language used in the informal notes and the language used in the official report.
I once saw a wrongful death case (terrible apartment fire) decided based upon the fact that the investigator had kept his notes (standard protocol) and that they were not verbatim what was in his "official report." The subtle language differences (we're talking symantics, folks) allowed the two versions open for interpretation. On the witness stand, since he had no personal recollection of the events/notes themselves, which were taken down 5 years earlier, it left the door open for an attorney in the case to argue that the "official report" was incorrect, else it would have said the exact same thing as the notes, but didn't. Jury was listening INTENSELY.
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03-16-2009, 02:18 PM
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Registered User
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Join Date: Jul 2008
Location: Southeast US
Posts: 2,254
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Quote:
Originally Posted by Chezhire
True, and the question os whether or not there is any distinction between the language used in the informal notes and the language used in the official report.
I once saw a wrongful death case (terrible apartment fire) decided based upon the fact that the investigator had kept his notes (standard protocol) and that they were not verbatim what was in his "official report." The subtle language differences (we're talking symantics, folks) allowed the two versions open for interpretation. On the witness stand, since he had no personal recollection of the events/notes themselves, which were taken down 5 years earlier, it left the door open for an attorney in the case to argue that the "official report" was incorrect, else it would have said the exact same thing as the notes, but didn't. Jury was listening INTENSELY.
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I found a paper called "A Beginners Primer on the Investigation of Forensic Evidence." Of particular interest in this discussion of bench notes is Part IV. It begins:
"Most often lawyers obtain a copy of the prosecution's crime laboratory report and that's it. Never, never, never again litigate a forensic case without getting all of the laboratory bench notes. Here's what this is all about. One of the most basic requirements for proper scientific procedure is for the technician to thoroughly document every single thing that happens to the evidence. You might not know it, but when a piece of evidence arrives at the lab, a file is opened and a notation is made, then, each and every thing that happens to that piece of evidence is written down in the file as well (or at least should be if proper and accepted scientific practices are followed...hint, hint)."
It goes on to explain the importance of these notes to the defense.
The paper is basically a primer on what a defense attorney should look for when challenging forensic evidence. It was a good read and helps explain where the defense may go in their attack on the forensic evidence. Defense retesting of evidence is discussed in the last paragraph. I found this paragraph particularly interesting.
http://www.scientific.org/tutorials/articles/kruglick/kruglick.html#part-two-section-five
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The Following 2 Users Say Thank You to Marina2 For This Useful Post:
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03-16-2009, 05:18 PM
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What was the question?
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Join Date: Dec 2008
Location: central Vale of Humility
Posts: 1,240
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Quote:
Originally Posted by Marina2
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Many thanks for sharing this very enlightening document.
I think this is a must read for all of us.
__________________
"It MUST be true. I saw it on NANCY."
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FOR SALE: Knives, set of six, dinner and/or stainless. Move fast on this one, people. Only three of the set left.
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09-03-2009, 04:51 PM
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ROCKIN!
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Join Date: Jul 2008
Location: Orlando
Posts: 2,068
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Filed into the case file today (9/3/09) was a partial transcript of this hearing. Bumping this thread in case there may be something which would point to the reasons for transcribing and filing this particular part of the hearing.
http://www.filedropper.com/partial03...ringtranscript
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The Following 5 Users Say Thank You to Muzikman For This Useful Post:
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