Defense Motion to Exclude Canine

[K9Snoop]

Here you go: Motion to exclude Canine

In the State's reply it said this motion did not seem complete (sounds familiar, huh?!). So maybe the defense will file an addendum to complete it.

That is interesting is #5 which is basically asking for the state to lay out their court room stratagy for the trial about the dog evidence. What you will also see is them working to discredit the handlers. If you can get the handler discredited or under suspicion for something/anything then it will taint anything the dogs did.

I also wonder that "evidentiary rules on experts....of the dog handers" he is referencing to?

 

[LambChop]

That is interesting is #5 which is basically asking for the state to lay out their court room stratagy for the trial about the dog evidence. What you will also see is them working to discredit the handlers. If you can get the handler discredited or under suspicion for something/anything then it will taint anything the dogs did.

I also wonder that "evidentiary rules on experts....of the dog handers" he is referencing to?

And don't the dogs hit on decomposition fluids, not fingernails and hair specifically. I mean we lose 100 hairs a day, at the very least and fingernails could be anywhere in the car but do not indicate decomposition. So isn't this motion a "farce" in terms of it's accuracy?

 

[K9Snoop]

And don't the dogs hit on decomposition fluids, not fingernails and hair specifically. I mean we lose 100 hairs a day, at the very least and fingernails could be anywhere in the car but do not indicate decomposition. So isn't this motion a "farce" in terms of it's accuracy?

In some ways, yes, it's a farce, and in others, what does he have to lose? If you throw enough stones something is bound to get a hit.

Yes, dogs 'hit' on decomp fluid. And most do not train their dogs to hit on human hair alone. It's hair + blood, or hair + decomp because, as you pointed out we are shedding hair all the time. The issue, as the defense sees it if that no body was recovered out of the yard (or hard physical evidence such as teeth, blood, etc) so the defense are trying to call these "false alerts" in order to try and cast doubt about the dependability of the dogs used.

But it's a bit of the old saying: If you can't dazzle them with brilliance, baffle them with bull*****.

 

[K9Snoop]

I got to wondering about the "not competent evidence under the evidentiary rules on experts based on the qualifications of the dog handlers".

Maybe this needs to be answered by a legal eagle but it sounds like he's meshed a bunch of stuff together.

1. Is he indicating that the dog handlers are "experts" and have been so declared by the court?

2. Is he saying that the qualifications of the dog handlers do not allow for them to be 'experts'?

3. What is 'competent evidence' as opposed to incompetent evidence? Which deals with the relevancy or irrelevancy of the evidence (which the text I examined said) could not be determined by reasoning from logic alone or from general to specific.

4. wasn't this all hammered out during the initial motions phase? And if so, why is he bringing it up again?

 

[K9Snoop]

3. What is incompetent evidence?

Got my own answer:

Incompetent evidence is evidence deemed to be sufficiently untrustworthy and so not legally relevant to the case

So what I'm reading is that if the dogs' alerts are considered evidence and if he can get a ruling that such are 'alerts can be declared to be non-competent then that makes them incompetent and thus not admissible in court. Which is all stuff that I thought was determined in the hearings so it sounds like this guy is trying to get the dog work dismissed by calling it something else. So if it's not a toe-MA-toe, it must be a TOE-ma-toe

 

[LambChop]

Well, if there were a body in the car or a body part you really would not need the dogs. The dogs were there to reenforce the believe that there was indeed "a damn dead body in the car" I would think. Plus most of us who have dogs trust their instincts better than our own. Sometimes they are even better at judging people. lol

 

[drip~drop]

I'd love to know if the Anthonys two Yorkies ever focused on the same areas as the cadaver dogs. And how did they react when the stench filled pontiac was in the garage. All dogs regardless of species have an incredible sense of smell. And I'm betting all dogs react very differently to decomposition as opposed to imaginery pizza.

That PLUS it "may have been" a smell they were familiar with. A little girl named Caylee that they used to play with and snuggle with.
Poor pups were probably traumatized as well. imo

 

[drip~drop]

Jose is smart on this one ...everyone and anything lies less then his client. Of course the Jury will believe the canine dogs over his lying thieving client.

Dogs don't lie, it's as simple as that.
imo

 

[The World According]

Does anyone know if the particular dog and dog handler exactly have been divulged in discovery yet? I am wanting to review other cases this particular dog may have been used in. Any clues firends?

Wouldn't the defense have at least made a perfuntory attempt to do this already too?:floorlaugh::floorlaugh::floorlaugh: Silly Julia..tricks are for kids!

[ame]http://www.youtube.com/watch?v=gWMuJ5oZx34[/ame]
Here he is testifying, but I did not catch the name of the particular dog. TIA!!!
[ame]http://www.youtube.com/watch?v=3_KV9y7gUWM[/ame]

 

[The World According]

Tomorrow, 1-18-11 The State is filing their response to this motion and the various and sundry other motions, then the judge will release his rulings on them. He said he will rule on them without a hearing of any oral arguments, so I trust he will make very short order of this if the state indicates this dog was indeed properly trained and especially if this dog has been used in other like cases. The defense will just have to go after his training logs, etc at the time of the trial. Is that correct?

hearing...Judge gave State until day after MLK to answer, then he will rule
http://www.wftv.com/video/26354520/index.html

 

[faefrost]

Dogs don't lie, it's as simple as that.
imo

To be fair, one of my dogs lies like a rug, and is a true master at it. :crazy:

 

[Itsy]

lol, Faefrost - does yours give him/herself away by hanging his/her head down & giving that guilty look while lying? Mine does! :crazy:

 

[cherishtoo]

The dogs are Gerus handled by K-9 Deputy Jason Forgey and Bones handled by Deputy Kris Brewer from the Osceloa County Sheriff's Office.

 

[Sundance]

http://www.wftv.com/pdf/26331371/detail.html

Funny, they ask the court to prohibit the use of canine purported "alerts" but to back this up they give-
"We'll get back to you."

Maybe their dog ate that page.

Or maybe a dingo ate the baby

 

[The World According]

[PDF] Casey Anthony Documents Nov. 26 -- 1 - Orlando News, Daytona Beach ...File Format: PDF/Adobe Acrobat - View as HTML
Nov 26, 2008 ... CSI Bloise along with CSI Michael Vincent handled most of the evidence ..... K~9 Deputy Jason Forgey and his cadaver dog “Gerus” responded to the Orange ... Deputy Forgey gave his K-9 "Gerus" his cadaver search command. ...


www.wesh.com/download/2008/1126/18155354.pdf - SimilarCasey Anthony bond hearingJul 22, 2008 ... Orange County K9 officer Deputy Jason Forgey talked about the search he did of the Anthony's backyard.
media.myfoxorlando.com/photogalleries/.../1/lg/forgey.htm - Cached - Similar

 

[Just Jayla]

Dogs don't lie, it's as simple as that.
imo

I'm thinkin coffin flies don't either, but that's a story for a different thread...

 

[The World According]

I once saw a demo (on TV) of a dog trained to detect human blood. They took three squares of fabric, put a drop of human blood on one, a drop of cow's blood on the other and a drop of chicken blood on the third. They let it dry, then washed each of them separately. Once the fabric was dry, they put each piece in a separate bag, and then hid the bags around the courtroom. The dog came into the courtroom, walked around, then immediately picked out the bag with the human blood. One drop, mind you, and the fabric had been washed.

I would ABSOLUTELY (LOL) trust a dog over Casey. Or Cindy.

Tink

Tink, how facinating! Likewise, I bet the hardworking , tax paying members of the jury are also going to have heard of this special gift that God gives dogs, and they will easily understand and accept it as legitimate. I still remember Judge Strickland at the end of the bond hearing saying what the dog trainer testified was sure going to keep him up at night. It will resignate!