2011.04.01 Frye Hearing (DISCUSSION THREAD) - AM edition

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IMO....Judge Perry is allowing this additional testimony becasue he plans to allow this in at trial. Throwing them a bone so to speak.

This Judge does NOT play around.
 
So what of Baez got away with it; his witness is toast, which is probably why HHJP allowed it because the witness made himself irrelevant so who cares whatever he says now.

My opinions only.

That's what I'm hoping this is too. I really hope JB gets sanctioned should he try this at trial, though.
 
JA court order said the report to have all the opinions not half now and half later
we are supposed to guess what they could come up with

JB mr ashton admitted it doesnt apply to hearings, i cant control what questions are asked to the witness - this could go on for days - 30 years of his research i would add i didn't have same issues w/dr vass

hhbp i will permit him to testify - if state needs to re-depo they will. i have a disc that contains every depo that has been taken i will read every last report. if somebody gets up there and talks about something not disclosed - or new question and somebody gets caught having something during trial - they may pay a penalty - could be stricken and jury told to disregard
 
JA again stating the DT witnesses are only giving half of the information and then offers further information at trial. JB saying I cannot ask this witness about everything he knows about everything he has learned in the last 30 years.
HHJP will allow this witness and if the state needs to redo this witness he can - HHJP will have read every last report before trial. If somebody gets up there and talking about something that isn't disclosed, somebody is hiding something the testimony will be stricken and the jury told to disregard it.
 
HHJP warning that he had every depo. And he better have every last report. Basically if someone pulls this at trial they will pay an awful penalty.
 
Judge - I'm going to let the witness testify. Making it abundantly clear that he has EVERY deposition, EVERY Report. He will read them all. If anyone gets caught at trial trying to sneak anything they will pay an awful penalty. Prosecution can re-take his depo if need be.
 
Do we have a Tally on how many times JBP has said "I've Heard enough" today?
 
I've lost count how many times HHJP has said, "I've heard enough"
 
The HJP is going to allow Furton's testimony in because he's already decided in his mind that the SA decomp smell evidence IS coming into trial, and he doesn't want to give the defense any reason for appeal. I think the Judge is making the right choice. Let it in so it won't come back later. Love JP!!!
 
That whole speech warning Baez about what will happen at trial just went right in one ear and out the other of Baez.

I can hear the wind whistling because of it all the way in Missouri!
 
Another STRONG WARNING to Mr. Baez regarding new testimony and opinion sprung at trial. Judge will read EVERY WORD of EVERY deposition before trial.

Mr. Baez....your client's life is on the line. STOP playing EGO games. Mr. Ashton is not the enemy...the needle in your client's arm is. Take note.
 
JB of 5 chemicals - how many in streponopolis study of garbage?
KF -let me refer to the paper,
JA can we identify paper by name, have a copy and follow along - never heard of this
 
JA making the point that they don't even have a copy to follow along.
 
Judge - I'm going to let the witness testify. Making it abundantly clear that he has EVERY deposition, EVERY Report. He will read them all. If anyone gets caught at trial trying to sneak anything they will pay an awful penalty. Prosecution can re-take his depo if need be.

I would have hoped he had read them already so he would know if the DT is trying to get additional information in. Just sayin...
 
HHJP: you folks do not understand proper court procedure. HH is speaking about being prepared for the trial, having copies of reports, etc. Saying a good officer of the court comes prepared.
 
Anyone else hear the Train in the background...I love it..
 
from now on - if a document that a witness refers to - please have copy for opponent and the court. if you dont have them and don't use them -
 
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