2011.07.01 TRIAL Day Thirty-three (Morning Session)

Those poor jurors! I'd be furious!!!

HHJP putting DT on notice: "There are real problems and there are imaginary problems. I hope these are real problems".

Imaginary problem = Magical thinking?????

Oh those two sooooo deserve each other.

Oh, and Cheney wore his lucky suit, too.

HHJP brings up that there was never any information brought back regarding Dr. Rodriguez

I got up early for nothing! ARGH!!!! :maddening:

Every single person sounds like they have a cold this morning! Ooh late this evening!!

"be prepared to be here late this evening" --HHJP

JB: Reconsideration to exclude the Gentiva testimony. This morning, in reviewing some of the stips we had in May 2011, there is an actual log in profile from CA her employee profile that goes into the salary, her history and some of the information relating to her employee status that the State and I were going to stip to. I think this is evidence that the state was on notice of this information and it wasn't until the State closed it's case that they brought it to our attention. The people from Gentiva were deposed by Ms. Simms yesterday - she had a medical issue and will be here shortly. After her depo she asked to speak with 2 of the states computer experts. LDB is asking them to render new opinions that is not included in any reports, there is no reports, they aren't going to issue one, they were not made available yesterday afternoon - Sandra Osborne and Sgt. Stinger. We would ask that the court hold the state to the same standard that hit held the defense - no trial by ambush. We might have a problem with that all day. Dr. Bruce Goldberger also has a report in this case and I don't know if he will testify to anything outside of that. Also, Dr. Warren who already testified. He has already testified to anything. If there is something new, we ask for a proffer to see where we stand with new opinions. I think I've lived up to our end.

LDB: As it relates to the members of the sheriff's office who were asked to do key word searches - that is the sum total of their testimony. There are things CA said that I asked them to check out. I advised JB of their findings verbally. DS at 5:!5 mentioned that she wanted to talk to them. That was the first I had heard of a desire to redepose. She told JB what their testimony would be - exclusively in rebuttal to CA's testimony last week - that they did key word searches and there is no reference to those terms in the Firefox history or on the entire hard drive. There is also an issue as to whether CA could engage in a remote log in to her computer, and there is no evidence that she did that -that was brought up yesterday.

JB: It would take approximately 2 days of work to search the unallocated space and the rest of the computer. We sure would have liked to have notice of this - however, no report. This is a whole complex process that took 2 days to do. They did not put us on notice. They waited until our case was closed to tell us. I mentioned to LDB yesterday that this was in violation of your order. If the State is on notice, they may want to take steps to remedy this - and no such thing occurred - and now we are about to close.

HHJB: How much time do you need JB?

JB: Don't know until they issue their opinions. That is a requirement of the court that they issue a report. Then I can show it to an expert. It's not just him - Dr. Goldberger, Dr. Warren and we may run into that issue again. Here was the big issue that I got into trouble with which is new opinions. This court was firm and held its ground and its not being done by the state.

HHJBP: Is Dr. Goldberger going to render an expert opinion?

JA: Yes sir. He provided a report many years ago that the evaluation of a cranial wash resulted in nothing - rebutting Dr. Spitz. Dr. Goldberger will say that his wash didn't identify anything -including any organic material from brain deterioration. Dr. Warren...

HHJBP: Who is Dr. Warren?

JA: Forensic anthropologist

JB: Still not a forensic pathologist, which is outside his field.

HHJBP: Do you want to take his depo?

JB: If necessary, I would ask that it not be included. It is not rebuttal. This is not submitted in his report. Dr. Spitz issued a report and talked about that issue. Then, Dr. Warren could have filed a supplemental report. Again, this is stretching and creating new opinions for rebuttal. Dr. Goldberger did not put in his report about the interior of the skull. All he testified to was the saline wash and the testing. This is not a sub opinion. He is a toxicologist. Dr. Eikelenboom had the strongest sanction for creating new things not in the report. He did do a report and he was deposed, and it was still excluded. The rules need to apply to both.

JA: Dr. Warren discussed at length his examination of the skull and can't be a surprise that he is going to testify that opening the skull is not required. Dr. Goldberger is going to testify to precisely the test that JB just discussed - no other tests, exactly what he talked about in his report.

HHJBP: Where is his report. JB are you saying this was not disclosed?

JB: The wash was, but not what was found in it. He is not qualified to testify to that.

HHJBP: A toxicologist can say if it is organic or nonorganic?

JB: He can't look at something and say whether it is organic. An anthropologist is now going to testify about something he did not do?

HHJBP: Do you want to take their deposition? I'll give you the balance of this morning to take his depo. We will be here tomorrow until we finish this case and back Sunday.

JB: I will ask that the evidence be excluded?

HHJBP: I will let you take their depos, but on the other hand, you will be here tomorrow to finish and we will be back here Sunday. Both sides asked to have off tomorrow to prepare closings. If you are so troubled and you need additional time to take depos, then we will work the balance of the day and we will be back here tomorrow and Sunday and Monday and Tuesday and Wednesday. So you are saying that you are surprised - that you need to take the depos.

JB: I will stay here to do the work - however many days.

HHJBP: I want to see the report because you are saying that all this is not in the report. I don't want to read a report and find out that all this is there. You are telling me that it is not in the report?

JA: I disagree.

JB: The washes are all on there - him identifying them as organic matter.

HHJBP: He is either qualified or not.

JA: He's going to say that it is NOT organic matter, that it is NOT there.

JB: Those findings are not in the report.

HHJBP: How long are you going to need?

JB: I don't know.

JA: I just told counsel the new opinions.

JB: So you admit new opinions?

JA: No I am not.

HHJBP: Take all the time. The jury is sequestered. There are real problems and there are imaginary problems. I hope this is a real problem and not an imaginary problem. If I find out this is an imaginary problem, because these folks are ready to return to their homes.

In recess subject to call. Tell the jury we will be in recess indefinitely. You need to craft - you never did agree about a statement dealing with Dr. Rodriguez.

JA: You heard objections from the state and I thought the court was going to draft something.

HHJBP: Be prepared to be here late this evening. I don't care what ya'll do folks.

Morning all!

I'm late tuning in... Can someone give me the Cliff's Notes version of what I missed? TIA!

HHJP: Be prepared to work late this evening.

HJBP: I don't care what ya'll do folks.

After the trial is over, dear mods, could we have one little vent thread that gets snipped after an hour? We've all taken in so much organic matter and we will need to expel it.

Indefinite recess argh !

How inconsiderate, I'm betting they lose some jurors today. You don't postpone a trial indefinitely. Grrrrr :banghead:

They are in recess indefinitely.

Baez i going to be a big loser.

Judge is peeved and I don't blame him. I am so tired of Baez whining and not being prepared.

His Honor said this better be a real problem and not an imaginary one...:floorlaugh:

His Honor is onto this DT and know they have mislead this court many, many times...I don't know what just happened as His Honor was talking but Baez turned to CMason, and ICA got all animated...

JB is always talking while the judge is still talking. Rude. And then JB is always admonishing JA for not letting the witness finish. Hypocrite. Maybe I need some coffee. I'm grumpypants.

p.s. ICA has a little tail today (her shirt knot).