2011.04.08 Sidebar Thread

[logicalgirl]

Oh wow. I had a feeling the SA would want their own exam. I suspect the DT was going to try to sneak some serious mental health issues in, disguised of course as "state of mind" nonsense. GO State! I think they will get to examine her.

Remembering though, HHJP was very strong about not allowing "diminished capacity".....

 

[logicalgirl]

ThinkTank doesn't the State have the right to their OWN mental health expert? I don't understand why the defense can have ICA examined but the State cannot? :waitasec:

:waitasec: :waitasec: Isn't the question whether or not these experts will be allowed into the guilt phase at all?

 

[ThinkTank]

Regarding the psychologists ... Ashton said he will file a Motion in Limine to ask the Court to prohibit mention of evidence until proffered during trial ...

What does that mean exactly? What does "proffer" mean?
And, why wait until trial to do the proffer?

Does it mean Ashton wants to wait until the Defense tries to bring up any "evidence" of whatever state-of-mind theory the Defense psychologists will say the Inmate suffers from, at trial, and make the Defense "proffer" a foundation for a mental health expert to claim that the Inmate suffers from such mental health condition???

 

[logicalgirl]

Regarding the psychologists ... Ashton said he will file a Motion in Limine to ask the Court to prohibit mention of evidence until proffered during trial ...

What does that mean exactly? What does "proffer" mean?
And, why wait until trial to do the proffer?

Does it mean Ashton wants to wait until the Defense tries to bring up any "evidence" of whatever state-of-mind theory the Defense psychologists will say the Inmate suffers from, at trial, and make the Defense "proffer" a foundation for a mental health expert to claim that the Inmate suffers from such mental health condition???

And ThinkTank if you don't mind me piggybacking - is Ashton talking about the guilt phase or the penalty phase?

 

[MelissaLee]

Yeah, this is what i posted as well. On top of it being a college town where they would most definitely be able to mix in some of casey's peers.

I had, for quite awhile, thought they'd choose from here. It's not Miami - to which I'd thought it was mentioned JB wanted - and it's got quite a diverse demographic in almost every aspect you'd imagine. Plus, it's no more than 4 hours max travel time to the Orlando area. I've had many a trip there and it's not bad at all. Also, whenever I mention this case, I'd say over 90% of people I speak to are only vaguely familiar with it. The sort of remember the case, but not so much names, for example. I'd say a good number of people in this area just haven't kept up. But, I'd still think someplace like Lake Wales would be ideal for them to go to.

 

[TigerBalm]

Jean C was just on HLN and said the State has filed a motion to have the defendant examined by mental health expert.

 

[sleutherontheside]

The "look" JB gave when Judge Perry said "no real time transcription" during voir dire.

 

[Whome?]

I did ... omg ! ...

:giggle::giggle:

 

[pip]

Remembering though, HHJP was very strong about not allowing "diminished capacity".....

Was he telling that to the defense?
Does that mean even diminished capacity would be considered a mental health defense, giving the SA the vehicle to have their expert examine her? :waitasec:

If JA has already filed a motion for state expert to examine, and he hasn't even finished the depos, he totally must believe they have the vehicle to examine her, imo. And I guessed that it would be the case.

 

[dog.gone.cute]

If I remember right she wrote a big letter to the judge that caused some problems.

Yep Dr. ... saw it on the list of videos. I just found out there is a "parking lot" for this discussion ... LOL ... when I need a good laugh, I'll read there. LOL.

Have a nice day everyone.

:great:

 

[logicalgirl]

Jean C was just on HLN and said the State has filed a motion to have the defendant examined by mental health expert.

Yes, cherishtoo has just filed something about new motions in todays news..but I don't know how long it will be until we see the actual motion.

I wonder why this has been left until the eleventh hour? :banghead: Nothing else sticking at the wall Mr. Baez? :waitasec:

 

[logicalgirl]

Was he telling that to the defense?
Does that mean even diminished capacity would be considered a mental health defense, giving the SA the vehicle to have their expert examine her? :waitasec:

He said it to both of them when Finnell first brought up the subject of having these "experts" in the guilt phase of the trial when she had first asked for them in the penalty/mitigation phase of the trial.

I think the SA is covering their bases for asking for the mental examination in case HHJP lets their testimony in during the guilt phase.

 

[ThinkTank]

ThinkTank doesn't the State have the right to their OWN mental health expert? I don't understand why the defense can have ICA examined but the State cannot? :waitasec:

We need a lawyer to explain the technicalities of this ... but Finnell said in the last Hearing she attended, that since the Defense is not trying to claim a mental health "defense", nor a diminished capacity claim, then the Statutes which give the State the legal right to have their own expert examine the Inmate do not apply. Finnell said she would give the Judge and the State case law on that, and Finnell said they would probably have litigation over this issue (Motions and Hearings).

So, I guess Finnell will be filing a response to Ashton's Motion to have the Inmate examined by a State expert, and we will see what happens next ....

 

[dog.gone.cute]

Jean C was just on HLN and said the State has filed a motion to have the defendant examined by mental health expert.

This might be a "dumb" question, but has the State had ICA examined before by a mental health expert ? Do people "incarcerated" get "regular" mh exams ?

TIA.

 

[logicalgirl]

Was he telling that to the defense?
Does that mean even diminished capacity would be considered a mental health defense, giving the SA the vehicle to have their expert examine her? :waitasec:

If JA has already filed a motion for state expert to examine, and he hasn't even finished the depos, he totally must believe they have the vehicle to examine her, imo. And I guessed that it would be the case.

Did JA say that this morning? I know they were doing them yesterday but just assumed they were complete?

 

[pip]

Yes, cherishtoo has just filed something about new motions in todays news..but I don't know how long it will be until we see the actual motion.

I wonder why this has been left until the eleventh hour? :banghead: Nothing else sticking at the wall Mr. Baez? :waitasec:

I bet the SA is sighing heavily, like oh boy, here we go, mental health defense, UGH. Fun, fun, fun :banghead:

 

[logicalgirl]

The "look" JB gave when Judge Perry said "no real time transcription" during voir dire.

View attachment 14486

:waitasec: ??? Why was HE laughing at that? I'd be expecting JA to be laughing?:waitasec:

 

[pip]

JA said they did not get to finish depos yesterday. He had to reschedule to next week. It will be covered next Friday at 1:30

Bump for Logical. This is where I read it, I didn't see the video yet.

 

[ThinkTank]

Originally Posted by logicalgirl
Remembering though, HHJP was very strong about not allowing "diminished capacity".....

Was he telling that to the defense?
Does that mean even diminished capacity would be considered a mental health defense, giving the SA the vehicle to have their expert examine her? :waitasec:

If JA has already filed a motion for state expert to examine, and he hasn't even finished the depos, he totally must believe they have the vehicle to examine her, imo. And I guessed that it would be the case.

The Judge reminded the lawyers that "diminished capacity" is NOT recognized in FLORIDA courts.

I agree, Ashton seems confident that the State will be allowed to have their expert examine the Inmate, and is looking for the expert and making logistical arrangements to get it done.

 

[logicalgirl]

Bump for Logical. This is where I read it, I didn't see the video yet.

Thank You! - I was a mess trying to follow what was going on after the lunch recess! :great: