2010.07.01 Defense Releases Expert Witness List

[Riley1833]

I hope someone can refresh my memory as I seem to have lost my notes on this....what happened with the evidence the 'experts' were supposed to be reviewing? First Baez was supposed to get a secure server...after almost a year he comes to court to say his experts are not computer savvy and they needed to be able to manipulate what they were seeing (that always made me go ummmmmmmm). So JS ok'd JB to make and send CD's to the experts....and that's the last I remember....does anyone know if this was done and were they sent to the same experts now listed? And where might those CD's be now? TIA I hope this makes sense to someone besides me. LOL

 

[ThinkTank]

I hope someone can refresh my memory as I seem to have lost my notes on this....what happened with the evidence the 'experts' were supposed to be reviewing? First Baez was supposed to get a secure server...after almost a year he comes to court to say his experts are not computer savvy and they needed to be able to manipulate what they were seeing (that always made me go ummmmmmmm). So JS ok'd JB to make and send CD's to the experts....and that's the last I remember....does anyone know if this was done and were they sent to the same experts now listed? And where might those CD's be now? TIA I hope this makes sense to someone besides me. LOL

I remember everything that you mentioned. The State had agreed to get those items in the mail immediately.
I would imagine that the experts will look at the actual evidence at the Orange County Sheriff's Office facility now, instead of the CDs of the evidence.

 

[The World According]

This was reported on Channel 13 Orlando News and has not been added to their web site yet. So I paused and typed.




Defense Releases Expert Witness List

1. Dr. Jane Bock - University of Colorado
Study Plant Remains to Help Sove Crimes

2. Dr Timothy Huntington
Forensic Entomologist
Assistant Professor of Biology at Concordia University, NE
Study Insects

3. Dr. Scott Fairgrieve - Forensic Anthropologist
Northeastern Regional Forenic Pathology Unit, Ontario
Consult in Search, Recovery, and analysis of human remains

4. Dr. Kenneth Furton
Expert Chemist
International Forensic Research Institute at Florida Internationl University
Drug analysis, use of trained dogs

5. Dr. Lee

6. Dr Kobilinsky


I found it on WESH http://www.wesh.com/news/24112886/detail.html

What happened to these two , Ms. Reichs and Mr. Spitz that were to be on the defense team? Didn't Dr. Spitz do Caylee's autopsy for the defense? In this video Ms. Riechs explains that she has reviewed Caylee's bones and she has been told she will testify. I am very interested in why two people that are indeed well respected experts, that have done the major work are off the witness list. Oh my. I don't have a problem with the defense getting second opinions, just not on the State's dime.

[ame]http://www.youtube.com/watch?v=N6vq5agMedQ[/ame]


[ame]http://www.youtube.com/watch?v=mS-Gmlcd4RY[/ame]

If I recall correctly Dr. Spitz was on the scene standing with Jose and the other experts in the rain when Caylee's body was found. The only reason their names are not on the witness list, in my opinion is that their opinion does not further Jose's theory / strategy on the case. What do you make of it?

From Bean E "*Very* interesting comment from Richard Hornsby on his blog in regards to the experts:


Richard Hornsby says:
December 29, 2009 at 10:38 am

snippet

...the problem an expert witness list creates for Baez is two-fold.

1. It requires your experts to finally give their opinion – and an opinion is no good unless is supports your theory. If their opinion does not support your theory, you don’t list them.

2. It allows the State to inquire into how they are getting paid, by whom, and financial arrangements they have made, and media rights they have negotiated, etc. And if the experts are doing this “pro bono” the State can then go into ulterior reasons they agreed to work on the case – books that are coming out, etc.

3. Finally, when the State deposes an expert (or any attorney deposes the other sides’ expert) the opponent has to pay the expert what the expert charges the hiring attorney. So if these experts are not charging Baez, they are not allowed to charge the State.

Basically the witness list opens Pandora’s Financial Box for Mr. Baez."

http://blog.richardhornsby.com/2009/...time/#comments

 

[RR0004]

This sentence should be removed from the Defense Witness List (I am not able to go back and edit my post). This sentence no longer applies to the Defense Witness List.

"The Defense hereby incorporates the entire State's Witness List by reference."

The State filed a Motion (Jan 23, 2009) to get rid of the Defense's Witness List, original, dated Nov 20, 2008, because it included that sentence. The State gave reasons why the Defense cannot incorporate the State Witness List.

Seven days after the State filed the Motion to Strike a portion of the Defense Witness List about incorporating, the Judge heard the Motion on Jan 30, 2009, but the State told Judge S. that it had already been resolved. The Defense removed that sentence the same day the State filed their objection to it (Jan 23, 2009).

The Defense Amended their Original Witness List (original dated Nov 20, 2008), on Jan 23, 2009, and added some witness names, and left out the sentence about incorporating the State Witness List by reference.

http://media.myfoxorlando.com/photo...ion_to_Strike_Defense_Witness_List_Page_1.htm

State of Florida's Motion to Strike Defense Witness List
January 23, 2009

Oh, TT, I remember how I laughed when I saw that "line". It's kinda like..."Yeah, I'll have whatever he's having."

 

[TinaD]

I really don't think Kathy Reichs would get involved for the publicity. She has written several international best sellers, and could easily generate as much publicity for herself as she wanted.

Just from reading her books, I have a lot of respect for the lady. My guess is she isn't on the witness list now because she wouldn't go along with the defense strategy.

 

[Snaz]

I have a question for one of our legal eagles.

If the defense is not using Kathy Reichs (or any other expert) as one of their witnesses, can the State depose her to get her expert opinion of the evidence she examined? Or is she considered off-limits?

TIA!

 

[AZlawyer]

I have a question for one of our legal eagles.

If the defense is not using Kathy Reichs (or any other expert) as one of their witnesses, can the State depose her to get her expert opinion of the evidence she examined? Or is she considered off-limits?

TIA!

No, they can't depose her to get her opinion. Basically, her opinion is not considered relevant to the case, if she has not been hired by anyone to provide it at trial.

 

[joypath]

Snaz: While not a legal eagle, I can address a very unique behavior that some (read MANY defense team lawyers) participate in: the letter or conversation of intent to hire as an expert. This behavior essentially "ties up" the expert to the first side who approaches him/her regarding the case and yep, it's a maneuver that's been practiced at dinner parties and church socials once it's discovered that a government employee can provide private consult services! On the committment side, once your word is given, the consultant's work product belongs to the legal team to use or not and yes, there ARE times when a consultant's evaluation confirms the opposing side's and it NEVER SEES THE LIGHT OF DAY beyond the legal office!

 

[Kentjbkent]

Snaz: While not a legal eagle, I can address a very unique behavior that some (read MANY defense team lawyers) participate in: the letter or conversation of intent to hire as an expert. This behavior essentially "ties up" the expert to the first side who approaches him/her regarding the case and yep, it's a maneuver that's been practiced at dinner parties and church socials once it's discovered that a government employee can provide private consult services! On the committment side, once your word is given, the consultant's work product belongs to the legal team to use or not and yes, there ARE times when a consultant's evaluation confirms the opposing side's and it NEVER SEES THE LIGHT OF DAY beyond the legal office!

I believe this same defense ploy is suggested and discussed by Andrea Lyon during on one of her lecture tapes.


Can be found on thread for AL Tapes & Lectures started and contributed by Sleutherontheside....

 

[LadyL]

Ok...I do hope that the State has followed Miss B. from NJ around on the Internet. Her credibility will be less than zero. IMO

shhhh the defense might hear you

LOL

 

[The World According]

Yes. In Andrea's lectures she speaks of how she often goes around and retains the best experts possible, just so that the state may not use them as theirs. She says this is very common.

 

[nums24]

Does anyone happen to know if these July 2nd depositions took place or had to be rescheduled because of the emergency hearing?

From page three of this:

http://www.docstoc.com/docs/document-preview.aspx?doc_id=39014446

 

[The World According]

I really don't think Kathy Reichs would get involved for the publicity. She has written several international best sellers, and could easily generate as much publicity for herself as she wanted.

Just from reading her books, I have a lot of respect for the lady. My guess is she isn't on the witness list now because she wouldn't go along with the defense strategy.

You know what? You are right. She doesn't need the money. I just watched a video of her being interviewed. She said she had examined Caylee's bones and that she was told she would be testifying.

She also said that the show on TV Bones is her brainchild, she uses her cases to write both for the show and her books. So she certainly can afford to do this case pro bono.

 

[Nore]

I am just burned up to see Kronk's Exes and son on there! You have GOT TO BE KIDDING ME! They can't possibly think they can use them successfully in court! WTF!

Sorry, that was OT. Wow, I was expecting more experts. Looks like that lady that wrote Bones books is gone. Feels like someone isn't there either, but I can't put my finger on it.

--------------------

No Linda Kenney Baden?

 

[RR0004]

You know what? You are right. She doesn't need the money. I just watched a video of her being interviewed. She said she had examined Caylee's bones and that she was told she would be testifying.

She also said that the show on TV Bones is her brainchild, she uses her cases to write both for the show and her books. So she certainly can afford to do this case pro bono.

...and I just saw her new book (206 Bones) at the store...it's on the bestseller list (somewhere in the top 10).

 

[ExpectingUnicorns]

You know what? You are right. She doesn't need the money. I just watched a video of her being interviewed. She said she had examined Caylee's bones and that she was told she would be testifying.

She also said that the show on TV Bones is her brainchild, she uses her cases to write both for the show and her books. So she certainly can afford to do this case pro bono.

"Dr. Reichs is one of only eighty-two forensic anthropologists ever certified by the American Board of Forensic Anthropology. She served on the Board of Directors and as Vice President of both the American Academy of Forensic Sciences and the American Board of Forensic Anthropology, and is currently a member of the National Police Services Advisory Council in Canada. She is a Professor in the Department of Anthropology at the University of North Carolina-Charlotte."

http://kathyreichs.com/about-kathy/

At the end of one of her books she writes an entire piece about the importance of establishing national standards for forensic scientists who are called upon as expert witnesses. She is working with the two bolded boards above to accomplish this. She expressed the desire to formulate a standard specifically in order to keep all testimonies forensically truthful regardless of their impact on the guilt or innocence of anyone on trial. You could read her frustration. (It may be at the end of 206 Bone but I'm not sure as it's been a long time since I read it.) I admire the fact that she is active in this effort!

IMO, that's probably why we're not hearing much about her from the defense anymore.

 

[ThinkTank]

MuzikMan got this info at the courthouse

June 17, 2010 - Defense depositions
Brett Churchill - searcher
Kristin Churchill - searcher
Shelley Churchill - searcher
Charles Crittenden - Cindy co worker
Debbie Polisano - Cindy supervisor

July 13, 2010 - Defense depositions
Michael N. Burnett - Oak Ridge Lab in Tennessee
David C. Glasgow - Oak Ridge Lab
Madhavi Z. Martin - Oak Ridge Lab
Mark Wise - Oak Ridge Lab

July 14, 2010 - Defense deposition
Arpad Alexander Vass - Oak Ridge Lab in Tennessee

July 21, 2010 - State deposition
Bradley Wright - former roommate of Kronk - depo in Miami, FL

August 16, 2010 - State deposition
Laura Buchanan - searcher - depo in Iselin, NJ

All of the Oak Ridge Lab personnel are still giving depositions today and tomorrow in Tennessee - at the same time the evidence inspection is taking place in Orlando.
I would like to know exactly who on the Defense team and on the Prosecutors team is doing what task, in which location???

 

[mitzi]

All of the Oak Ridge Lab personnel are still giving depositions today and tomorrow in Tennessee - at the same time the evidence inspection is taking place in Orlando.
I would like to know exactly who on the Defense team and on the Prosecutors team is doing what task, in which location???

I thought I read yesterday, on WS somewhere, that the Tennessee depos were either post-poned, cancelled or rescheduled...not sure which.

 

[nums24]

MuzikMan post the document on his docstoc site - http://www.docstoc.com/docs/45751605/06302010-Defense-Amended-Witness-List


DEFNESE WITNESS LIST - NOV 20, 2008
[Current as of July 1, 2010]
Includes all Amended and Supplemental Lists - received from the Orange County Clerk's Office
Both sides have until August 31, 2010 to complete their Witness List.
They have until Nov 30, 2010 to list expert witnesses and penalty phase witnesses.
[NOTE: The Defense may not call all of the people on their Witness List to testify]

[**Permission is given to copy and distribute to whoever wishes to do so**]

CATEGORY "A"

(1) Sgt. John V. Allen, OCSO - added Jan 23, 2009 [Defense deposition done
March 10, 2010; interviewed by State June 11, 2010(?)]
(2) Cynthia Anthony - added Jan 23, 2009 [State depo done July 29, 2009]
(3) George Anthony - added Jan 23, 2009 [State depo done Aug 5, 2009
(4) Lee Anthony - added Jan 23, 2009 [State depo done July 30, 2009]
(5) Dr. Jane Bock - Expert Witness - Univ Colorado, Ecology & Evolutionary Biology, Boulder, CO - added June 30, 2010 [not on State Witness List]
(6) Scott Bolin, FBI - added Jan 23, 2009 [Defense depo done June 17, 2010]
(7) Laura Buchanan - searcher - Mendham, NJ - added June 30, 2010
[State depo done Aug. 16, 2010 in NJ - not on State Witness List]
(8) Michael Burnett, Oak Ridge Lab - added Jan 23, 2009 [ Defense depo July 13, 2010]
(9) Kiomarie Cruz - childhood friend of Casey - added Jan 23, 2009 [State deposition
done March 31, 2009/April 1, 2009]
(10) Larry E. Daniel, Guardian Digital Forensics, Raleigh, NC [not on State List]
(11) Dr. Scott Fairgrieve - Expert Witness -Laurentian Univ, Sudbury, Ontario
Canada - added June 30, 2010 [not on State Witness List]
(12) Dep. Jason R. Forgey, OCSO - added Jan 23, 2009 [Defense depo June 4, 2010]
(13) Dr. Kenneth Furton - Expert Witness- West Palm Bch, FL - added June 30, 2010
[not on State Witness List]
(14) Jesse A. Grund - ex boyfriend of Casey - added Jan 23, 2009 [Defense depo done
July 30, 2010]
(15) Richard Grund - father of Jesse - added Jan 23, 2009 [Defense depo done
July 30, 2010]
(16) Mark Hawkins - ex boyfriend of Casey - lives Calif - added Jan 23, 2009
(17) Amy Huizenga - ex friend of Casey - check fraud victim - added Jan 23, 2009
[Defense depo April 3, 2009 refused, she hired atty - resch for Aug 6, 2010]
(18) Dr. Timothy Huntington - Expert Witness - Seward, NE - added June 30, 2010
[not on State Witness List]
(19) Comm. Matthew J. Irwin, OCSO - added Jan 23, 2009 [Defense depo March 8, 2010]
(20) Jill Kerley - Kronk ex-wife - Maryville, TN - added June 30, 2010
[Defense depo done ?? 2009] [not on State Witness List]
(21) Dr. Larry Kobilinsky, John Jay College of Criminal Justice, New York, NY
[not on State Witness List]
(22) Anthony Lazzaro - ex boyfriend of Casey - added Jan 23, 2009
[Defense depo done Oct 30, 2008 and Aug. 13, 2010]
(23) Dr. Henry Lee, Univ of New Haven, Meriden, CT - [not on State Witness List]
(24) Karen Korsberg Lowe, FBI - added Jan 23, 2009
(25) Madhavi Martin, Oak Ridge Lab - added Jan 23, 2009 [Defense depo July 13, 2010]
(26) Steven John McElyea, FBI - added Jan 23, 2009 [Defense depo done June 17, 2010]
(27) Yuri N. Melich, OCSO - added Jan 23, 2009 [Defense depo done Sept 3, 2010]
(28) Ricardo Morales - ex boyfriend Casey - added Jan 23, 2009
[Defense depo June 4, 2010]
(29) Mallory Parker - Lee Anthony girlfriend - added Jan 23, 2009
[State depo done Nov. 12, 2009]
(30) Rick Plesea - Cindy's brother - added Jan 23, 2009 [Defense depo July 2, 2010]
(31) Gary Ridgway, Johnson's Wrecker - added Jan 23, 2009
[Defense depo done Oct 30, 2008]
(32) Anthony Rusciano - ex boyfriend Casey - former police - added Jan 23, 2009
[Defense depo July 23, 2010]
(33) Katherine Sanchez, Amscot - added Jan 23, 2009 - [Defense depo Oct 30, 2008]
(34) Nickolas Savage, FBI - added Jan 23, 2009 [Defense depo July 23, 2010]
(35) Brittany Scheiber - friend of Casey - added Jan 23, 2009
(36) Michael Sigman, Univ Central FL Ntl Ctr Forensic Science - added Jan 23, 2009
[Defense depo Aug 27, 2010]
(37) Brandon Sparks - Kronk's son - Sammamish, WA - added June 30, 2010
[not on State Witness List]
(38) Crystal Sparks - Kronk's ex-wife - LaPlata, MD - added June 30, 2010
[not on State Witness List]
(39) Arpad Vass, Oak Ridge Lab - added Jan 23, 2009 [Defense depo July 14, 2010]
(40) Dep. Appling S. Wells IV, OCSO - added Jan 23, 2009 [Defense depo
Mar 11, 2010]
(41) Marc Wise, Oak Ridge Lab - added Jan 23, 2009 [Defense depo July 13, 2010]

"The Defense hereby incorporates the entire State's Witness List by reference."

CATEGORY "B" - None

CATEGORY "C" - None

PEOPLE NOT ON DEFENSE WITNESS LIST (as of July 1, 2010)
- Jim Campbell - George cop friend - Ohio
- Rob Dick - Leonard Padilla associate
- Holly Gagne - Anthony family friend
- Dave Knechel (Marinade Dave) - forum owner - Judge S. stepped down
- Tracy McLaughlin - Leonard Padilla associate
- Angelo Nieves (OCSO, Captain - Media Spokesperson)
[Defense depo June 17, 2010]
- Leonard Padilla - bounty hunter from California got Anthony out on bond
- Tony Padilla - nephew of Leonard Padilla
- Shirley Plesea - Cindy's mother
- Joy Wray [she is on State Witness List]
- Bradley Wright - former roommate of Kronk [Defense depo July 12, 2010
in Sarasota, FL]

Something is strange here, these "experts" were not listed on the witness list :

Dr. Thelma Eikelenboom
Dr. Richard Eikelenboom
Nicholas Petraco


I think the next status hearing will be interesting...... if the witness list was amended, how was it filed? It should be posted with the clerk. If it wasn't filed and the defense switched at the last minute could they be sanctioned? I wonder what the JAC will say about the International flight expenses.

 

[ynotdivein]

Something is strange here, these "experts" were not listed on the witness list :

Dr. Thelma Eikelenboom
Dr. Richard Eikelenboom
Nicholas Petraco


I think the next status hearing will be interesting......

Petraco seems to specialize in tool marks and other items of interest:

http://web.jjay.cuny.edu/npetraco/mywebpage.html
Research Interests:
• Applications of Statistical Pattern Recognition Techniques to Physical Evidence in Forensic Science
o Analysis of shoe sole "accidental mark" patterns
o Toolmark striation and impression patterns
o Patterns in spectra of mixed and highly contaminated samples
http://www.biomedexperts.com/Profile.bme/1109827/Nicholas_D_K_Petraco
• Petraco Nicholas; Petraco Nicholas D K; Faber Lisa; Pizzola Peter A
Preparation of tool mark standards with jewelry modeling waxes.
• Petraco Nicholas D K; Gil Mark; Pizzola Peter A; Kubic T A
Statistical discrimination of liquid gasoline samples from casework.
• Petraco Nicholas; Kubic Thomas A; Petraco Nicholas D K
Case studies in forensic soil examinations.