1:30 judge and lawyers back
SIDEBAR #9 (1:30-1:44)
JURY BACK 1:46
CROSS EXAMINATION OF LA BY JA
States Exhibit #80 - photo of trunk. He agreed with the markings of where he remembered stains being. The stain on the spare tire cover was not there when he owned it. It also did not have a stench.
OBJECTION - OVERRULED
Did you meet with a member of the prosetion team..
OBJECTION - OVERRULED
Yes - and I refused to do that.
Mr. Baez requested a meeting with you to prepare?
To my knowledge, it was not to prepare. However, he had reached out to him prior to this week and then they followed it up with a meeting this week.
OBJECTION - request instruction - OVERRULED
Why did you, after refusing to meet with us, reach out to JB?
While I was in court, prior to getting called to a stand, during a break, he sat in with his parents and there was a discussion where information came out that he thought it was important for JB to be made aware of. He took it upon himself to do that.
Was this on the subjects you had discussed today? No.
Regarding ICA's pregnancy? You had a conversation with ICA when you discovered the bump? He stated he made a remark and didn't really expect a response. He said "what the hell is that" in passing.
Regarding 7/30/09 depo - page 31 line 6-15 - regarding the event of seeing the bump or the bulge. He recalled it. He was asked if he called her out on it.
OBJECT - improper impeachment - OVERRULED
In the depo he said it wasn't really his place. He now states that he did not call her out on it at the airport either when it was quite obvious.
He was shown page 30
OBJECT - read entire answer - HHJBP you can do it on redirect
He could not tell from the depo which instance he was talking about.
He did not know if his parents were excited when they learned of the parents. They did not say anything to him. That was one of the reasons he was so angry and decided not to go see her. He was not included and when he asked about it early on, it was denied to him and that was what he did.
His parents ARE very over the top. Prior to Caylee's birth he did not really pay a lot of attention. It was something he was told to let go and not address.
Page 35 of his depo - He was asked read the whole page to himself. This discusses the period before Caylee was born. His role was just to be there in the background just to support, not be over the top, because my parents were to be over the top? He was under the impression that they were excited. He wasn't asked to be involved. They would take care of it and do whatever was necessary.
Preparations to house - they got a crib. Did they redecorate an entire room? To my knowledge, yes. He saw it after the fact. It was done to the nines.
He lived in the room right next door. Did your mother go nuts decorating the room? I know there was winnie the pooh everywhere. He never walked into the room until a little after she was born. He is sure that ICA and CA shopped in preparation. If there was a party, he was not invited. If there was a baby shower - he was not invited. He believes there was a baby shower in June. They invited their friends, Casey's friends, but he doesn't believe they invited Mallory. He has no knowledge of the party. He imagined it was at the house. He didn't ask to see presents. He was not involved in it. He felt it was either hidden from him or not made a part of it.
He wishes he was an attentive potential uncle, but he was not.
OBJECTION - SUSTAINED
Page 36 of depo - line 22 to end of page - he recalled it. Did you cry during that portion of your depo? I don't think so. Why did you cry 2 hours ago that caused you to cry? There were other things asked in my depo....
OBJECTION - nonresponsive - SUSTAINED
What was different?
OBJECTION BY JA - we need to hear
What was different 2 hours ago than in your depo? 2 years ago I did not 100% hold the belief that Caylee was dead. Since then, he has come to the place where he believes that she is and his emotions are elicited from the fact that he has regrets and he wishes he could be there a lot more than he was.
Memorial service - 1/09 - 6 months before depo - YES SIR, I did.
No further questions.
REDIRECT by JB
Regarding stain on spare tire cover (Exhibit #80). Do you see a stain?
OBJECTION - photo speaks for itself - OVERRULED
He sees a few stains but nothing as big as a basketball
OBJECTION - OVERRULED
Do you see white powder? Yes, but that is different than a stain. He marked where the stains were that he knew of. He now could not see the other stain. He is color blind so his interpretation of colors is different.
Did you see your mother use an entire bottle of FaBreeze in the car?
OBJECTION - OVERRULED
Never.
Did you see LE spray the trunk with Blue Star? No
Did you meet with the Defense prior to you testifying for the State against your sister? No.
He did not advise the Defense of his testimony to the State.
Did you testify truthfully?
OBJECTION - bolstering - SUSTAINED
Page 30 of depo - lines 12-14 - second sentence - "I think if I did, not to her directly. Or I would have said something to my mom or to a friend of mine, you know." That's what you were referring to when you first told your mother?
OBJECTION - leading - OVERRULED
Yes, sir.
When you said you were told to let it go, who told you? My Mom. That referred to his inquiry into ICA's pregnancy.
Page 33 - Lines 13-18 - Parents were over the top and ecstatic. Is that what you testified to in your depo? I believe it is to the extent of that.
Are there any other opinions that you gave about your mother not being happy or thrilled? He gave an ipinion that it was his impression that his mother was not thrilled that ICA would have a baby out of wedlock.
Baby shower happend after Caylee was born?
OBJECTION - leading - SUSTAINED
Did the shower happen after the fact because no one knew she was pregnant
OBJECTION - SUSTAINED
He does not recall.
Why didn't you cry during depo question - is sitting here today much different than sitting in the SA's office two years ago? Absolutely.
Why - I don't want to be here. I don't want my sister and my parents to be here. I'm also emotionally in a much different place than I was a couple of years ago and this is obviously emotionally draining and very difficult.
Speech at memorial service prior to depo - he did not want to believe that Caylee was dead at that time - even after the memorial service.
You were able to block her death out for 6 months after the Memorial Service?
OBJECTION - SUSTAINED
He doesn't know when he really came to the belief that he has now that Caylee is no longer with them. Even now, if someone looks like her, he will still look. He doesn't know when that really changed for him. Last year around Caylee and his birthday was particularly hard for him. He remembers being asked aroudn the time of the depo if he believed she was dead - he didn't want to and couldn't. He knew it was a joke to some people.
Who was it a joke to?
OBJECTION - relevance - SUSTAINED
RECROSS BY JA
During his testimony earlier in this case, how many times did FG have to refresh your recolleciton?
OBJECTION - OVERRULED
Two or three times. He wasn't counting.
Did JB have to refresh your recollecton? He asked me to read two or three pages. During his initial exam, your recollection was just fine. I believe they were. But, when FG attempted to question you - it is hard to remember something from 2 years ago.
Line 15-24 of depo - Did you say anything to your mom like hey Casey's looking pregnant, probably in passing. If she shrugged him off..... He said - probably - at minimum - at passing.
OBJECTION - asked and answered - SUSTAINED
Page 33 - Lines 1-8 -
OBJECTION - outside of scope of redirect - OVERRULED
Shower was prior to Caylee's birth? Yes.
No further questions.
Witness is excused (2:24)
