mombomb
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Part 3
10:55
CROSS EXAMINATION BY JA
On 8/5/09 you still believed Caylee was still alive.
You and I sparred in that depo as you and JB have been today? Yes.
Today, you no longer believe...
OBJECTION - SUSTAINED
In his July 24, 2008 statement he did not believe his daughter murdered his granddaughter.
He learned in December 2008 that the remains of his granddaughter had been found. This caused him a deep hurt inside, tears, the whole gamut of the whole emotional loss and seeing what his wife and son went through. Prior to that he held out hope that his granddaughter would be found alive.
GA EMOTIONALLY BREAKING DOWN - SOBBING - THIS IS HEART WRENCHING - ICA IS JUST STARING AT HIM.
On 1/22/09, you went and got a gun?
OBJECTION - beyond scope - OVERRULED
SIDEBAR #6 (11:00-11:02)
GA gets off stand and Attorney Lipman is there comforting him.
JURY OUT (11:02)
JB - counsel has no good faith basis for asking such a question when he knows there was no gun involved in the suicide.
JA - it is my understanding that he got the gun to force people who knew something about who killed Caylee to tell and then to take his own life. The defense has brought up the suicide. I intend to offer the suicide note. It shows that on 1/22/09 he had no idea who killed Caylee. It rebuts implications by defense that he did and it is proof. I have case law to support this.
HHJBP: Let me see the suicide note and the case law that supports your position.
JA: I will be offering the suicide note in my CIC. The case law are Nelson vs. Seaboard Railroad and Garza vs. Delta Tau Delta Fraternity National.
JA: The gun incident IS prior to the suicide - so I will correct that with the witness. It is mentioned in the suicide note.
JB: I would request that the question be stricken and the Jury instructed.
JA: That's fine - I'll just ask the question a different way.
HHJBP: I've reviewed State's Exhibit MA, the suicide letter and the cases presented by the State. JB - would you like a proffer of GA's testimony?
JA: I'm not sure what the Court's ruling is.
HHJBP: Are you objecting?
JB: The suicide note is hearsay.
JA: It shows the then existing emotional state under the state of mind exception; that it can establish that at 1/22/09 it is significant that nothing in the note contains any statement of guilt or admission to doing anything to his daughter or granddaughter. The entire note is relevant because it does NOT contain anything about the particular offenses that the defense has accused him of. On a separate note, on page 3 - there is a specific issue raised that GA knew what happened to his daughter, and how it happened in June 2008. The note shows he did not - directly rebutting the implication by the Defense.
JB: It appears that JA is creating a self-serving exception to the hearsay rule?
HHJBP: JB - you asked GA - did he attempt to commit suicide?
JB: Yes, Sir.
HHJBP: Did the state object?
JA: No, sir.
HHJBP: Why did you ask that question?
JB: It's a fact in this case. He did attempt - however genuine attempt it was - only he can say. Whether this gives him a free pass to write I'm innocent because I drank a 6 pack and blood pressure pills.
HHJBP: Could it be that GA was so guilt ridden that he had molested his wife and felt that LE was closing in on him? Is that something that could be inferred or deduced from the evidence? Generally, a witnesses state of mind is not an issue. It looks as though the Defense has made GA's state of mind an issue.
JB: I would ad to that of course the prosecutor did not object.
HHJBP: No he did not
JA: I did not. I was perfectly happy.
HHJBP: Someone opened the door and JA is trying to walk through it.
JA: Even without that - the testimony about GA's knowledge of the smell of dead bodies - He even asked the question - didn't you express guilt in this letter.
HHJBP: Anything else JB? Are you offering this now or later on?
JA: I don't think it would be appropriate to offer it in the Defense case, but I was planning on him identifying it and entering it in Rebuttal. However, I do plan on asking him about his thoughts and feelings.
HHJBP: I think the door has been opened, but I want some time to contemplate and read a few more cases in this area - but it is fair game on cross examination to cross GA concerning the suicide which was brought up under direct by the defense. Okay, 5 minutes?
Five minute break to 11:30.
10:55
CROSS EXAMINATION BY JA
On 8/5/09 you still believed Caylee was still alive.
You and I sparred in that depo as you and JB have been today? Yes.
Today, you no longer believe...
OBJECTION - SUSTAINED
In his July 24, 2008 statement he did not believe his daughter murdered his granddaughter.
He learned in December 2008 that the remains of his granddaughter had been found. This caused him a deep hurt inside, tears, the whole gamut of the whole emotional loss and seeing what his wife and son went through. Prior to that he held out hope that his granddaughter would be found alive.
GA EMOTIONALLY BREAKING DOWN - SOBBING - THIS IS HEART WRENCHING - ICA IS JUST STARING AT HIM.
On 1/22/09, you went and got a gun?
OBJECTION - beyond scope - OVERRULED
SIDEBAR #6 (11:00-11:02)
GA gets off stand and Attorney Lipman is there comforting him.
JURY OUT (11:02)
JB - counsel has no good faith basis for asking such a question when he knows there was no gun involved in the suicide.
JA - it is my understanding that he got the gun to force people who knew something about who killed Caylee to tell and then to take his own life. The defense has brought up the suicide. I intend to offer the suicide note. It shows that on 1/22/09 he had no idea who killed Caylee. It rebuts implications by defense that he did and it is proof. I have case law to support this.
HHJBP: Let me see the suicide note and the case law that supports your position.
JA: I will be offering the suicide note in my CIC. The case law are Nelson vs. Seaboard Railroad and Garza vs. Delta Tau Delta Fraternity National.
JA: The gun incident IS prior to the suicide - so I will correct that with the witness. It is mentioned in the suicide note.
JB: I would request that the question be stricken and the Jury instructed.
JA: That's fine - I'll just ask the question a different way.
HHJBP: I've reviewed State's Exhibit MA, the suicide letter and the cases presented by the State. JB - would you like a proffer of GA's testimony?
JA: I'm not sure what the Court's ruling is.
HHJBP: Are you objecting?
JB: The suicide note is hearsay.
JA: It shows the then existing emotional state under the state of mind exception; that it can establish that at 1/22/09 it is significant that nothing in the note contains any statement of guilt or admission to doing anything to his daughter or granddaughter. The entire note is relevant because it does NOT contain anything about the particular offenses that the defense has accused him of. On a separate note, on page 3 - there is a specific issue raised that GA knew what happened to his daughter, and how it happened in June 2008. The note shows he did not - directly rebutting the implication by the Defense.
JB: It appears that JA is creating a self-serving exception to the hearsay rule?
HHJBP: JB - you asked GA - did he attempt to commit suicide?
JB: Yes, Sir.
HHJBP: Did the state object?
JA: No, sir.
HHJBP: Why did you ask that question?
JB: It's a fact in this case. He did attempt - however genuine attempt it was - only he can say. Whether this gives him a free pass to write I'm innocent because I drank a 6 pack and blood pressure pills.
HHJBP: Could it be that GA was so guilt ridden that he had molested his wife and felt that LE was closing in on him? Is that something that could be inferred or deduced from the evidence? Generally, a witnesses state of mind is not an issue. It looks as though the Defense has made GA's state of mind an issue.
JB: I would ad to that of course the prosecutor did not object.
HHJBP: No he did not
JA: I did not. I was perfectly happy.
HHJBP: Someone opened the door and JA is trying to walk through it.
JA: Even without that - the testimony about GA's knowledge of the smell of dead bodies - He even asked the question - didn't you express guilt in this letter.
HHJBP: Anything else JB? Are you offering this now or later on?
JA: I don't think it would be appropriate to offer it in the Defense case, but I was planning on him identifying it and entering it in Rebuttal. However, I do plan on asking him about his thoughts and feelings.
HHJBP: I think the door has been opened, but I want some time to contemplate and read a few more cases in this area - but it is fair game on cross examination to cross GA concerning the suicide which was brought up under direct by the defense. Okay, 5 minutes?
Five minute break to 11:30.