Why is Tim Miller as a Material Witness "significant"?

Discussion in 'Caylee Anthony 2 years old' started by absolut_alexis, Aug 27, 2009.

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  1. absolut_alexis

    absolut_alexis New Member

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  3. Reagan

    Reagan New Member

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    It's a big deal because Tim can testify that the place where Caylee was eventually found was immersed in water and a proper search was not conducted at the time, which negates the claims by the defense that Caylee wasn't there beforehand (ex. Dominic Casey footage), and was placed there at a later date while KC was in jail. Therefore exonerating KC.

    Is that what you're asking?
     
  4. carrie

    carrie New Member

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    Not quite following your meaning here. If the testimony in question negates the defense's claims, how could that exonerate KC? :waitasec:
     
  5. Spangle

    Spangle New Member

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    I don't know he is considered that big of a deal on this issue for the defense.

    However, the Defense requested it. And as an alternative, given rights to all his papers, video,etc.. of the search for Caylee in the area she was found in. Here is the motion.

    http://www.wftv.com/pdf/20344194/detail.html
     
  6. Spangle

    Spangle New Member

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    That's the million dollar question. LOL!

    If he makes it to the trial as a witness.. Just think of all the things he can talk about. Like how helpful the family was in the search for Caylee.
     
  7. ThinkTank

    ThinkTank New Member

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    (clip from the ORDER)
    ORDERED AND ADJUDGED
    1. That the attorney for Timothy Miller and Texas Equusearch, Mark E NeJame, has agreed to present Timothy Miller as a representative of Texas Equusearch (TES) for deposition in Orlando, Florida. The Court does not address the issue as to whether Timothy Miller will need to be deemed a material witness and said issue is rendered moot;

    The actual ORDER that Judge S. issued does NOT name Tim Miller as a "material witness". The issue is moot because Nejame offered to have Miller come from Texas and be present in Orlando for a deposition conducted by the Defense team. The Defense wanted to certify TM as a "material witness" because it would give the Orlando Judge more jurisdiction to order TM to come from Texas for depositions and the trial. Without TM's voluntary agreement to submit to a depo IN Orlando ....... Judge S. had absolutely no power to make a TEXAS resident do anything in FLORIDA.
     
  8. kushka

    kushka New Member

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    The reason JB wants to question the searchers is that JB hopes to find people to testify that they were in the area but did not see a body, and thus will make the case that if they did not find the body, it was not there. For example say he gets a searcher to testify – the testimony could go like this.

    JB: You state that you have helped TM with 7 searches now and that you might have walked within 2 feet of where the body was found back in August , but did not see a body is that true?
    Witness John Smith: Yes sir, you see the water …
    JB: Just answer the question!

    Then in his closing arguments JB could argue:
    “You heard from John Smith, who is a veteran searcher that he searched the area within just a few inches of where the body was found and saw nothing. He saw nothing because there was no body”.
     
  9. Jolynna

    Jolynna Active Member

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    Objection to the bolded by me...Leading.

    If Tim is a defense witness Baez may not ask a leading question which implies, suggests or prompts the witness to give a particular answer
     
  10. Balthazar

    Balthazar Active Member

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    Hmmm...this is interesting.

    I theorize that it's going to be brought up that Tim Miller went on national TV during the search (I think it was Nancy Grace) and said that most parents who kill their child, leave the child within a few miles of home. I theorize that the defense will argue that Tim Miller's statement to this effect on National TV inadvertently gave the SOD "instructions" on where to dump Caylee in order to "frame" Casey. Based on this theory, the defense would hold that the SOD put Caylee in one place which was about to be searched, but after the SOD heard Tim Miller's remark, SOD moved her to Suburban knowing the search there was done or called off - all this after Casey was in jail. I believe the areas being searched were publicized to the general public and televised enough that locals would know where the searches took place - but I could be wrong.

    The article also states that the defense wants to interview searchers. I theorize that the defense interviews of searchers could be about these things:

    1. Do the searchers know anyone in Casey's orbit or the orbit of whoever the defense is going to claim was the SOD? (Since we know this is a SODDI defense - that would be a logical question to ask.)

    2. What did the searchers see at the Suburban Drive site when they searched there? I imagine the defense wants the searchers to say the trash bags were not where they were found in December.

    3. Was the area flooded or dry when they searched?

    4. Was anyone observing the search?

    5. Was anything found anywhere else that was searched that could tie back to the stuff found on Suburban. For example, stuff they could ask searchers about:
    a. Caylee's shoes - which were not found with Caylee, so, were any of Caylee's shoes missing and were they found elsewhere?
    b. The little plastic pony found with Caylee which came in a 3-pak - so did any searcher find a mate for it during any part of the search - this being in question ONLY IF the police did not find the 2 other little plastic pony's at the Anthony house.
    c. Maybe even asking searchers if they found heart shaped stickers anywhere else.

    Anyway, this is just my thoughts and theories on the matter.
     
  11. MissJames

    MissJames a yellowflutterby changed my life : )

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    I thought it had something to do with allowing the defense to go to Texas and ask a judge there to court order TM to turn over the records they were requesting.If he was certified by a judge as a material witness in FL it would bear more weight with the courts in Texas.
     
  12. Omachka

    Omachka New Member

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    cross-exam

    SA: Why do you think you couldn't see the body back in August
    Witness John Smith: Well, sir, I was knee deep in murky water and mud so I couldn't see anything

    So the State could say in their closing "Even a veteran searcher like Mr. Smith wouldn't have been able to find the remains in the major floods caused by tropical storm Faye that same month."

    Isn't that how that would work?
     
  13. kushka

    kushka New Member

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    Yes, of course, if the SA is at all on the ball. I was trying to answer the question of what JB was hoping to get out of the list of searchers - by answering with one thing he may be hoping to get from them as witnesses - I do not at all think that it will really work.
     
  14. 3doglady

    3doglady Certified Coffeeaholic

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    I understand that TM has agreed to be deposed by JB, but what about the 32 searchers? If they live in another state they can't be forced to go to FLA and answer JB's questions can they?
     
  15. Omachka

    Omachka New Member

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    I see what you were saying. I'm sure that's that JB is hoping but I'm also sure the SA is on the ball and will be able to stop that from being successful. She's a pretty sharp cookie... whereas JB is devoid of any sharp corners at all. lol
    :blowkiss:
     
  16. magic-cat

    magic-cat Mother to Many

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    The defense can theorize this all it desires, however, since Casey did not go to jail until October 14th and the botanists will testify (and have already stated) that Caylee was there AT LEAST (that means at a minimum) four months...well, that puts the ball squarely back in Casey's court so to speak.
     
  17. magic-cat

    magic-cat Mother to Many

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    I would think JB will have to go to them...
     
  18. ThinkTank

    ThinkTank New Member

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    I believe it depends on what the subpoena says which the Defense will issue for each of the 32 searchers, individually. IF the Defense chooses to go to the expense to subpoena and depose the 32 people. I would think each of the 32 volunteer searchers will have to decide if they want to hire an attorney (at their own expense - not free like KC's), to fight the subpoena and to fight to protect their rights to privacy so that their name, home and work address and other personal info does not now become public info through the FL Sunshine Laws.

    I believe that Nejame had no right whatsoever to release the 4,000 volunteer searcher's private info to Brad Conway (an outside party) to dig through, which is something the Defense had not even been allowed to do. Brad Conway was under NO Court Order to refrain from taking notes or making copies of anything in those private records.
     
  19. essies

    essies "We're all just walking each other home." Ram Dass

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    Do we know for sure that BC was able to see these searchers private info? I can't believe MN and TM would allow BC to see this. Maybe BC only saw redacted copies!:waitasec:
     
  20. Spangle

    Spangle New Member

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    I doubt coping, etc. has been done on those files. Who would pay for it? As it is, they had to go through them and come up with those 32 people that were in that area. $$$

    NJ said in court that BC was allowed to go through them. And that BC didn't find as many as NJ's crew did. He also said that BC went through them before NJ did.
     
  21. ThinkTank

    ThinkTank New Member

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    Yes! there is a video of the entire Hearing last Friday, and Nejame told the Judge that he had already allowed Brad Conway to look through all the 4,000 searcher records. There was absolutely no justification for this, in my personal opinion, and it was disrespectful to the volunteer searchers. And, it added insult to injury for Nejame to tell the Judge that he did this as a "courtesy" to the Anthonys.
     
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