Evidence subject to Frye - *UPDATED* 2011.05.09 (ATTN: ALL ORDERS IN!)

[Gma Kat]

World, what a GREAT analysis of Baez's decision-making track record. Thank you.

Re: Air samples. There is a long, long history of using air samples in the industrial setting. Air samples have long been tested in various types of mines, within steel mills and foundries, and numerous other industrial settings. The focus of this type of testing is for the safety of workers who are exposed to various gasses.

In addition, atmospheric air testing has been used to determine air safety quality for many, many years.

So, "air testing" per se could hardly be challenged. As far as testing for the chemicals present during a decomposition, I would think all such experiments would have been well documented by the scientists doing the tests.

With limited resources, I don't understand why Baez & Co. would even want to bother with this issue. If it was a stand alone issue, maybe. But what with Cindy, George, and the guy at the tow-yard, all of whom said they had prior experience with the smell of death, AND a cadaver dog hit - to me, it doesn't seem worth the time and cost to fight this.

Oh, and speaking of the dogs - seagull, yes, testimony from dog handlers is allowed. It was used in the Lacy Peterson case. I think, as with most all testimony, the jury is allowed to accept or reject the veracity and/or importance of it.

Thanks for putting that into perspective!

 

[Gma Kat]

I don't know who they'll get to argue. I don't actually expect the defense to get the motion together to request a Frye hearing by deadline so it might be a moot point.

This is my fear. The defense's failure to challenge any science would seem to me a viable reason to file for an appeal based on ineffective counsel. Not that it is the only reason ICA might have to file, but it is the one I am concerned about.

 

[Dear Prudence]

What is the deadline to have the motion filed?

TIA!

I don't know if there is a certain deadline but from my research it needs to be filed and heard before trial starts for sure.

During the status hearing on 10/29/10, JP asked the defense if they intended to ask for a Frye hearing and they said yes. After it was confirmed that the Oakridge Lab folks had indeed been deposed by the defense, JP then urged them to get that motion filed soon and reminded them of the Correll decision. I looked up Correll vs. State of FL (appeal to Supreme Court of FL) and found this http://scholar.google.com/scholar_c...3+So.+2d&hl=en&as_sdt=10000000000002&as_vis=1

Correll appealed many things but the one pertaining to a Frye hearing is regarding a certain blood test that he alleged the state did not show had general scientific reliability. The defense apparently raised this objection to the expert's testimony during trial but the trial judge allowed his testimony.

Quoted from the decision:
"The dilemma created by the defense when, during the course of Baer's testimony, it raised for the first time an objection to the validity of the electrophoresis process. One of the reasons given by the judge for denying the objection was its untimeliness in view of the fact that the defense had previously taken Baer's deposition and admitted knowing the basis upon which the objection was to be made before the trial began."

The Supreme Court of Florida found that the trial judge made no error in allowing the testimony.

 

[nums24]

Here is a post I found from Terry Lenamon regarding a new test allowed in Death Penalty Case:

http://www.deathpenaltyblog.com/brain-mapping-evidence-in-death-penalty-cases-qeeg-is-recognized/

 

[nums24]

02/15/2011 Motion to Strike Defendant's Motion to Exclude Unreliable Evidence (Plant or Root Growth):

http://www.wesh.com/pdf/26878633/detail.html


02/15/2011 Motion to Strike Defendant's Motion to Exclude Unreliable Evidence Pursuant to Frye (Chloroform)

http://www.wesh.com/pdf/26878556/detail.html

 

[TotallyObsessed]

This is the wrong place to post this, but my eyes are fried. I'm sorry.
Musikman just posted the response of the SAO to defense's motion to exclude stain in trunk. IT IS AN ABSOLUTE MUST READ. Wow! We might have a smoking gun yet. Yes, it states, there was no blood evidence, but there was biological evidence to show that the stain contained decomp. BOOYAH.

 

[Tulessa]

This is the wrong place to post this, but my eyes are fried. I'm sorry.
Musikman just posted the response of the SAO to defense's motion to exclude stain in trunk. IT IS AN ABSOLUTE MUST READ. Wow! We might have a smoking gun yet. Yes, it states, there was no blood evidence, but there was biological evidence to show that the stain contained decomp. BOOYAH.

Oh my TO. I have to call it a night after reading that and you are correct! That is a MUST READ!! That actually made me get physically sick... :sick:

Poor Caylee.....

 

[ZsaZsa]

This is the wrong place to post this, but my eyes are fried. I'm sorry.
Musikman just posted the response of the SAO to defense's motion to exclude stain in trunk. IT IS AN ABSOLUTE MUST READ. Wow! We might have a smoking gun yet. Yes, it states, there was no blood evidence, but there was biological evidence to show that the stain contained decomp. BOOYAH.

Which thread is it in?

 

[whiteangora]

Which thread is it in?

: [ame="http://www.websleuths.com/forums/showthread.php?t=94377"]List of Motions **NO DISCUSSION HERE PLEASE**[/ame] (

[ame="http://www.websleuths.com/forums/showthread.php?t=94377"]1[/ame] 2 3 4 5 ... Last Page)

Horaaaay!! Muzikman is Back!:woohoo::great:

 

[ZsaZsa]

: List of Motions **NO DISCUSSION HERE PLEASE** (

1 2 3 4 5 ... Last Page)

Horaaaay!! Muzikman is Back!:woohoo::great:

Oh yes, thanks. I have seen that one. The fatty acids - Adipocere- will hange little Miss Anthony. Baez apparently doesn't realize the importance of it :innocent:

 

[AZlawyer]

This is the wrong place to post this, but my eyes are fried. I'm sorry.
Musikman just posted the response of the SAO to defense's motion to exclude stain in trunk. IT IS AN ABSOLUTE MUST READ. Wow! We might have a smoking gun yet. Yes, it states, there was no blood evidence, but there was biological evidence to show that the stain contained decomp. BOOYAH.

Well, we already had this evidence--it is nothing new. They're talking about the volatile fatty acids found on the trunk liner.

 

[Jomo]

:bump:

I thought that I would bump this to help anyone needing to get organized for the Frye hearings starting this Wednesday.

After all of these years and months of discussing the evidence and what evidence is to be questioned, I appreciated Ritanita's article laying out exactly what is going to be covered this week.

http://sprocket-trials.blogspot.com/

 

[Tulessa]

:bump:

I thought that I would bump this to help anyone needing to get organized for the Frye hearings starting this Wednesday.

After all of these years and months of discussing the evidence and what evidence is to be questioned, I appreciated Ritanita's article laying out exactly what is going to be covered this week.

http://sprocket-trials.blogspot.com/

Oh my, such a good read....

 

[Aedrys]

I just hope beyond hope that these Frye hearings don't drag on like the last hearings a few weeks ago...

 

[lauriej]

..interesting to note that judgeP has 6 hours per day listed for the Frye hearings.

http://www.ninja9.org/jacsatt/attdocketframe.asp

9th Judicial Circuit
JUDGE BELVIN PERRY, JR. / DIVISION 02
------------------- Schedule for Wednesday, March 23, 2011 -------------------

9:00 am 6 hrs
Case: 48-2008-CF-15606-O-
Motion: FRYE HEARING

STATE OF FLORIDA

LINDA DRANE-BURDICK
vs.

CASEY MARIE ANTHONY

JOSE BAEZ

------------------- Schedule for Thursday, March 24, 2011 -------------------​

9:00 am 6 hrs
Case: 48-2008-CF-15606-O-
Motion: FRYE HEARING ​

..as of now, his schedule reads "No Hearings" , for friday, march 25th.

9th Judicial Circuit​

JUDGE BELVIN PERRY, JR. / DIVISION 02 ​

------------------- Schedule for Friday, March 25, 2011 -------------------​

No hearings​

..hopeful perhaps that they'll get them all completed by thursday?




ETA------there you go aerdrys----maybe judgeP is hoping they don't drag on too!

 

[watergirl]

:bump:

I thought that I would bump this to help anyone needing to get organized for the Frye hearings starting this Wednesday.

After all of these years and months of discussing the evidence and what evidence is to be questioned, I appreciated Ritanita's article laying out exactly what is going to be covered this week.

http://sprocket-trials.blogspot.com/

Thanks jomo, I have been out of town doing field work and needed to get organized.

Ritanita rocks!
:rocker:
She lays it all out so clearly.

So we have:

• Stain in car
• Heart sticker
• Spoilation of evidence (trunk odor/garbage)
• Exclude decomposition odor
• Post-mortem hair banding
• Chloroform

as well as:

• Canine alerts (postponed from evidentiary hearings)

All in 3 days?
Thats sure sounds like alot to cover.

 

[pip]

Thanks jomo, I have been out of town doing field work and needed to get organized.

Ritanita rocks!
:rocker:
She lays it all out so clearly.

So we have:

• Stain in car
• Heart sticker
• Spoilation of evidence (trunk odor/garbage)
• Exclude decomposition odor
• Post-mortem hair banding
• Chloroform

as well as:

• Canine alerts (postponed from evidentiary hearings)

All in 3 days?
Thats sure sounds like alot to cover.

Will the Body Farm's air sample analysis be included in this week's Frye hearings?

 

[chefmom]

Thanks jomo, I have been out of town doing field work and needed to get organized.

Ritanita rocks!
:rocker:
She lays it all out so clearly.

So we have:

• Stain in car
• Heart sticker
• Spoilation of evidence (trunk odor/garbage)
• Exclude decomposition odor
• Post-mortem hair banding
• Chloroform

as well as:

• Canine alerts (postponed from evidentiary hearings)

All in 3 days?
Thats sure sounds like alot to cover.

Perhaps a couple of these aren't really going to be heard? The SA will simply say that it doesn't meet the standard of Frye and HHJP will quickly agree and that will settle that. KWIM? We can hope, anyway!

 

[beach]

Will the Body Farm's air sample analysis be included in this week's Frye hearings?

Yes, that is the "exclude decomp odor" listed.

 

[UESwifey]

:bump:

I thought that I would bump this to help anyone needing to get organized for the Frye hearings starting this Wednesday.

After all of these years and months of discussing the evidence and what evidence is to be questioned, I appreciated Ritanita's article laying out exactly what is going to be covered this week.

http://sprocket-trials.blogspot.com/

The thanks button wasn't enough - Thank you so much for posting a link to that article. Helped to lay things out in a way that's easy to understand. Ready to roll this week! Let's go ASHTON!!!!!!