2011.01.25 Defense Requests More Time to Submit Expert Reports

[strawberry]

http://www.wftv.com/pdf/27085513/detail.html

Hmmm page 55 - 57 if I'm reading this right...he is saying he does not agree that early colonizer flies would be excluded in a trunk. But JA got him to say that if it were moved from a certain environment, including frozen, that might explain the absence of the early colonizers. If I'm reading this right. Back to the freezer in the garage theory?? And on page 58 that the scene indicates there was a body in the bloat stage there? How is that helping JB?

 

[strawberry]

FYI the Huntington depos are backwards: #2 is the first chronologically. In this one JA threatens to mute JB for laughing and JBs video is off, then it comes back on JA lets him know in case he doesn't want to be recorded eating his lunch. LOL

 

[A_News_Junkie]

I just started reading

The State has University of Florida Law School Professor Bernard Raum sitting in on this Depo.??????
As a consultant????

:great: GO STATE!!!!!!!!!!! :great:

http://www.law.ufl.edu/faculty/pdf/raum_bio.pdf

One very impressive dude! IMHO. Google him, he is very renowned!
Behind on reading, so if you guys already did - ignore me! LOL

 

[Intermezzo]

:great: GO STATE!!!!!!!!!!! :great:

http://www.law.ufl.edu/faculty/pdf/raum_bio.pdf

One very impressive dude! IMHO. Google him, he is very renowned!
Behind on reading, so if you guys already did - ignore me! LOL

No I had not googled him yet..but thanks and not only Go State but....

Go Gators!!!! :woohoo:

 

[Amil]

:great: GO STATE!!!!!!!!!!! :great:

http://www.law.ufl.edu/faculty/pdf/raum_bio.pdf

One very impressive dude! IMHO. Google him, he is very renowned!
Behind on reading, so if you guys already did - ignore me! LOL

We love UF Gators!! UF Faculty!!

 

[zoey]

http://www.wftv.com/pdf/27085513/detail.html

Hmmm page 55 - 57 if I'm reading this right...he is saying he does not agree that early colonizer flies would be excluded in a trunk. But JA got him to say that if it were moved from a certain environment, including frozen, that might explain the absence of the early colonizers. If I'm reading this right. Back to the freezer in the garage theory?? And on page 58 that the scene indicates there was a body in the bloat stage there? How is that helping JB?

Didn't she bring TonE and friends lots of frozen food on the day she dumped the car????? perhaps making room?????:waitasec:

 

[mobius99]

O/T, but when oh when is the Touch DNA report due? The trial is fast approaching and nothing so far, right? Anyone...

 

[LiveLaughLuv]

O/T, but when oh when is the Touch DNA report due? The trial is fast approaching and nothing so far, right? Anyone...

I do believe by March 11, 2011...I wonder if it yields anyone's DNA...or is it acceptable method for Frye...JMHO

Justice for Caylee

 

[Intermezzo]

We love UF Gators!! UF Faculty!!

Yes we do!!!

 

[LiveLaughLuv]

Dr. Logan Toxicology Analytical Chemistry Report
http://www.wesh.com/pdf/27161862/detail.html

 

[Softail]

:bump:

 

[Chiquita71]

Richard Hornsby says:
December 29, 2009 at 10:38 am

snippet

...the problem an expert witness list creates for Baez is two-fold.

1. It requires your experts to finally give their opinion – and an opinion is no good unless is supports your theory. If their opinion does not support your theory, you don’t list them.
2. It allows the State to inquire into how they are getting paid, by whom, and financial arrangements they have made, and media rights they have negotiated, etc. And if the experts are doing this “pro bono” the State can then go into ulterior reasons they agreed to work on the case – books that are coming out, etc.

3. Finally, when the State deposes an expert (or any attorney deposes the other sides’ expert) the opponent has to pay the expert what the expert charges the hiring attorney. So if these experts are not charging Baez, they are not allowed to charge the State.

Basically the witness list opens Pandora’s Financial Box for Mr. Baez."
The defense experts sure had time to go on the morning shows to sell their current books!!!
Websleuths Crime Sleuthing Community - View Single Post - Legal Questions for Our VERIFIED Lawyers #1
http://blog.richardhornsby.com/2009/...time/#comments

:bump:

I came to find more information about what happened today. Great thread. I found this interesting and I thought other folk might also. :twocents:

 

[Chiquita71]

Judge Perry's *original* date for the listing of experts and submitting of reports was Nov 30, 2010.

http://wdbo.com/common/pdf/orlando/ame_or_set_discov_moti_hear_dead_trial_date.pdf

Baez is already 57 days past the due date. Allowing him his requested extra 45 days would put him 102 days beyond the original due date.

BBM

So true...but wait. Isn't this around the time that Linda Baden was also brought onto the defense team in the role of presenting these expert opinions during trial?

I personally would assume that Linda Baden is an experienced enough attorney that after these examinations, she would be pushing for completed reports in order to continue her work in preparing for this case.....IF AND ONLY IF these experts had anything for her to work with!!

Seeing as how many speculated several months in advance to Linda Baden's eventual "official" withdrawing from this case, I would garner the opinion that the "dream team members of the defense team" (sans Baez) did NOT want written report!

bbm
December 12, 2008 Linda Kenney Baden made her appearance at a hearing.
Criminal Defense Attorney for Casey - Linda Kenney Baden - Websleuths Crime Sleuthing Community
Criminal Defense Attorney for Casey - Linda Kenney Baden DECEMBER 12 2008


UPDATE:
http://www.websleuths.com/forums/showthread.php?t=113034&highlight=linda+kenney+baden
ThinkTank

Interesting. Wonder what these experts are thinking right now after hearing JB swear as an officer of the court that no reports had been provided although they had submitted them to JB? Wouldn't they be getting miffed at JB's antics because his behavior is affecting their credibility?

This may be confusing, sorry
Novice Seeker

Again Faefrost you have upped the ante by giving us this brilliant and informed analysis of Baez and the reasons for his truly bizarre behavior. Baez is a performance all to himself in the midst of this case - it is truly amazing to watch his "from another dimension" behavior - and the most interesting to me is his complete unawareness of how out of step he is with his production vs. the rest of a fairly honorable legal profession.

Objectively it is for me like watching a serial on TV, you check in every week and can't believe the plot of the week - thinking okay, there are no more tricks to pull - and behold - another incredible feat of stupidity - and think - is it this week he's going to crash and burn?

His performance in the upcoming trial will be something the legal profession has never seen before - I can't wait! :skip:

TWA had some brilliant postings about this just up above in this thread from earlier today. But the gist of it comes down to this. Yes you can verbally consult with experts and get their opinions. And yes you can play cagey and not get a written report, especially if you are fearful or concerned that the experts opinion is not in synch with what you need for the case or your defense strategy. You pay the expert as a consultant or in some way contract them. This locks them up from giving a counter opinion. AND THEN YOU WALK AWAY FROM THEM. YOU DO NOT PUT THEM ON YOUR WITNESS LIST. The witness list is for those people you expect to be giving favorable testimony at trial. These are the ones you will subject to cross examination and these are witnesses that damned well better be prepared to put their views findings and opinions in writing. That whole "no reports please" strategy. That's for much earlier in the process.

And there's the problem. JB slacked off for TWO YEARS. he never bothered to sit down and work out what his actual expert witness strategy was for 2 bloody years. So when the due date for the defense witness list came, passed, came again and was finally demanded by the judge, he just threw up all of the names of his consulting experts. With the assumption that like general witnesses it was a meaningless list of names that can be changed at any time. So now he finds himself at an impasse. he has experts listed on his witness list that he probably never reached an agreement with for testimony. He has reciprocal discovery of those witnesses being demanded that he never made arrangements to actually get from them. He is facing contempt orders for all of this nonsense. And he rather obviously has no back up plan.

Not sure if I might be right/wrong with this but from what I can understand of the side mouths talking in their motions

Experts for FRYE hearings
Dr. Scott Fairgrieve, Dr. Kenneth Furton, Dr. Barry Logan

Experts for Trial
Dr. Timothy Huntington, Dr. Werner Spitz (protocol), Dr. Jane Bock, Richard Eikelenboom

Experts not going to testify for anything but still listed by defense.
Dr. Kathy Reichs
Mason stated in reconsideration motion (page7) http://www.wftv.com/pdf/26455761/detail.html
It is not anticipated that she would be required to provide other testimony.
Dr. William Rodriquez
Mason stated in reconsideration motion (page9) http://www.wftv.com/pdf/26455761/detail.html
Engaged primarily as a consultant to aid defense with forensic area and is not likely to testify
Dr. Henry Lee : As it has not become necessary to call him as a witness
Motion for extension http://www.wesh.com/pdf/26611795/detail.html
Dr. John Leeson: Solely as a consultant and will not be called as a witness
Dr. Larry Kobilinsky never removed officially from witness list
Dr. Michael Freeman has been withdrawn from the witness list.

JMO

:bump: There is some great sleuthing done on this thread. I am in the process of reading it and I can't help but :bump: this interesting information.

:tyou:

 

[Donjeta]

After today's court show it looks like Casey may die of old age before all the DT reports get submitted and the witnesses deposed.

 

[Chiquita71]

In the Defense Motion for extension of time to comply with order for Expert witness reports, filed Jan 25, 2011 - the Defense writes about Dr. Werner Spitz --
"i. The Defense has a good faith basis and has supporting documentation which has been disclosed to the prosecution and is available to the court to examine under seal as to why Dr. Werner Spitz's report is not complete."

So do you think HHJP will buy this latest load of horse manure?

No LambChop, I don't think he'll buy it.....but I'm afraid rather than prejudice ICA's case, he'll bend as much as he can. I'm pretty sure HHJP smells the manure all the way from JB's office as it is being created......:floorlaugh:

Bravo!!! excellent post!!!
Apparently the Defense team (JB) sold Dr. Kathy R. on the Experts-being-part-of-the-defense-team idea, because that is exactly what Dr. Reichs told Ann Curry on the TODAY Show in 2009!

http://today.msnbc.msn.com/id/32544789/ns/today-today_books/

KR "... do we have rogue forensic scientists or incompetent forensic scientists? ..."
KR ".... we need to regulate forensic science.... determine who is professionally competent"

(2:19) AC - "are you done with your report? have you submitted your report? will the defense want to use what you've concluded?"

KR - "I'm told that I'll definitely be testifying, and my role as an anthropologist, is to look at the victim, him or herself, and in this case, the tiny little skeleton of this little girl that was found. So, I've completed that phase of my work, but it's an ongoing process, and all of the members of the defense team constantly work together and keep each other informed on what's going on."

AC - "so your're very much then amoral about this, even though one side has employed you. Your're saying that you want the truth for the child, or for the victim, and no matter where the chips fall, you know ...."

KR - "exactly"
AC - "it's hard not to pick a side for some people, particularly in this case"

KR - "our system, any accused is innocent until proven guilty. we have a very very tragic victim, we have this little girl, and something very bad happened to this little girl. We don't want two victims. We don't want someone wrongly accused. We want the right person brought to justice for the right crime. What exactly happened to this child, and who did it?"

Originally Posted by ThinkTank
In the Defense Motion for extension of time to comply with order for Expert witness reports, filed Jan 25, 2011 - the Defense writes about Dr. Werner Spitz --
"i. The Defense has a good faith basis and has supporting documentation which has been disclosed to the prosecution and is available to the court to examine under seal as to why Dr. Werner Spitz's report is not complete."



IMO - it depends on how much the Prosecutors choose to bring to Judge P's attention, via a Response filed to the Defense Motion for extension of time. Will the Prosecutors inform the Judge of all of the misrepresentations in the Defense Motion? Will the State point out how ludicrous it is for the Defense to claim that they do not already have some type of notes or report from all of the Experts?

Bottom line ... judging from past rulings by the Judge ... he will allow some extension of time .... (not that I personally agree with that decision)

I just hope the Judge will address the fact that the Defense keeps writing in Motions that certain Defense Experts will not testify, or have been "withdrawn" ... when they have NOT "officially" been withdrawn, and must continue to be considered Expert witnesses who the State must depose, until the Defense officially files an Amended Defense Witness List to remove any witnesses.

I really can't stand it that Baez squeaked by yet AGAIN. I know he's basically washed up and this case is not going to go well for him...but I've never seen someone get so many "second" chances. If it was any other profession, he'd be through. Disgraceful.

Horace, I don't think he squeaked by anything, yesterday, His Honor is on him...

Dr. S has until March 11, 2011 4pm, for Baez to get that report in...also if the other three don't have their reports in by, February 21. 2011 4pm...their testimony will NOT be used at trial...

I do believe His Honor is well aware of the stalling tactics used by Baez and he is onto his game...JMHO

Justice for Caylee

Ok. Going back through the request for extension, JB states he has turned over reports from Bock, furton, Eikenbloom, Fairgrieve, and Huntington. The only report I can find in that pile of...paper is from Bock. Am I missing something or is JB trying to confuse the word report?

And, in the request for extension, JB cites Dr. Logan's schedule as the reason he has not been able to complete his task?
"...the defense believes his schedule is simply the reason..."
And now I wonder if HHJBP asking about telephones is a way to let JB know he knows that Logan was successfully contacted via phone for the WFTV article?

JB states in his request that he expects Rodriguez and Reichs to have additional opinions after viewing new material. Was any new material turned over to SA?

BBM - DING DING DING! - for those who are upset with HHJP giving Baez extension after extension - here is the reason. HHJP is determined these will not be appellate issues.

I just noticed this comment from Hal's blog.

So does anyone know if the DT missed today’s deadline to submit the expert reports?
Reply Posted by: dawnisis | Tuesday, February 15, 2011 at 5:38 PM

HAL’S NOTE: They did not. The state attorney’s office says everything that was due by today is in, my colleague Anthony Colarossi reports.
Posted by: halboedeker | Tuesday, February 15, 2011 at 5:47 PM

http://blogs.orlandosentinel.com/ent...hi-belich.html

Possibly. But the tone from the states motion to strike was that the defense submitted no supporting scientific evidence. They offered alot of opinion conclusions from the defense lawyers themselves, but nothing else to really hand the arguments on. So they may not have gotten much of anything regarding these two subjects?

Ooooo! I just had a nasty thought about this. And I hope I am wrong, but it would be sooo JB.

We have been watching that filing deadline and assuming that JB will either file actual reports or ignore it. We forget his other tendency of tossing in half *advertiser censored*'ed materially insufficient materials at the absolute last minute. So JA may have gotten a pile of paper from JB. But there may not be anything in it beyond JB's normal crayon scrawls and vague summaries.

And what happens if that is the case? If this is what he did, then you can very clearly see what JB's purpose was when he raised the question of what happens if the state does not depose the witnesses? and basically attempted to shame and embarrass the state into promising the court that they would hold those depositions. And JA's motions to strike may be the best possible counter to what JB is attempting.

:bump: Because the wheels on the bus go 'round and 'round... :winko:

 

[Chiquita71]

Prosecutor Wants Baez Held In Contempt Of Court
Casey Anthony Attorney Missed Deadline, State Claims

http://www.wesh.com/caseyanthony/26942307/detail.html

Read State's Motion for Rule To Show Just Cause: http://www.wesh.com/pdf/26942318/detail.html

"We are a bit confused," Baez wrote in the email. "I understood it to mean that if we were objecting to anything not in our motion that it should be in writing. That was also my understanding as to what was discussed at the status hearing. I have also discussed the matter with Mr. Mason and he is just as confused if not more."

Baez now cites Confusion to another missed deadline...

It is becoming very apparent Confusion DOES reign at the Baez Law Firm..oh and Cheney Mason is confused as well...
:twocents:

I'm betting that the state has no real expectations that JB or CM will be held in contempt. Rather this is a major warning shot that they will no longer tolerate any sloppiness in filings, any laziness in failing to generate paperwork or documents, and be absolutely and totally unforgiving when it comes to deadlines going forward. Any paperwork coming from JB that is not on time or is failing in any way will be asked to be struck. Any i's not dotted, t's not crossed will be challenged. The state is no longer playing nice and simple phone calls and e-mails are no longer acceptable. JB's lazy approach of "you guys know what I want, it was in that other motion" will not fly any longer. He is going to be forced to sit down and write out each and every piece of paperwork in order to get ready for his hearings and trial.

of course since this is JB, he's not going to learn a damned thing from this. Expect to see him submit a ton of BS motions in the next day or so demanding that the SA's be sanctioned for any number of perceived offenses. He simply does not take schooling well and tends to respond like a small child.

The deadline for decomposition expert William Rodriguez was due today as well.

Did the defense meet that deadline? Also, how about all the other reports due last week?
I'll assume if they were not met... Mr Ashton would have said something?

Don't know if it got filed or given to the Prosecution.
Feb. 21 2011 was the deadline for the Defense to file Dr Rodriguez report (the Taphonomy expert)
But part of the reason Baez wanted an extension to filing the expert reports is so he could give his experts more information...during his 'unique opportunity' travels to Chicago...I think missing the deadline on Feb 17 had a lot to do with Baez wanting to stall until he corralled his experts at the conference.
:twocents:

I apologize IF this is a repeat posting..but it was posted yesterday early evening...I am PDF disabled..so cant read these myself..so hope some can give a synopsis for me


Casey Docs Reveal Defense Expert Witnesses' Testimony

http://www.wftv.com/news/27085615/detail.html

Posted: 6:44 pm EST March 4, 2011
Updated: 6:55 pm EST March 4, 2011

ORANGE COUNTY, Fla. -- Some of the most significant events in the case against Casey Friday didn't happen in the courtroom, despite a hearing. Instead, WFTV found them in a stack of documents released by the defense. The documents involve the defense team's expert witnesses.

:bump: Here is some more. :yes: