2011.04.08 Sidebar Thread

[ThinkTank]

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

Attachment 14486

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

Baez seemed to look over to Mason and smile/smirk about the real time transcription because Mason is the one who has the hearing problem and relies on the real time transcription. Mason did not appear to share the humor in that.

 

[pip]

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 ....

That's exactly what I understood, leading me to believe the SA does not agree that this is not a mental health or diminished capacity defense strategy, they believe it is. That's why they have filed a motion to examine with their expert. I bet they will get to!

 

[sleutherontheside]

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

I think it was along the lines of......"you've got to be kidding me".

AL is VERY big into the art of Voir Dire. DT has asked for a jury consultant on more than one trip to court.

HHJP recently commented that CM was skilled enough to serve as their jury expert.

Having listened to AL talk about her "transcription" trick I just know JB was ruffled.

While my synopsis of the lecture did not include this part.....I recall how AL said you can simply tell the court staff that you are running around in between the different rooms and it would make things easier just to get the transcripts for times sake.

So the comment about real time transcription AND the court deputies being aware of what was going on in each area IMO wasa big fat "thwart" to deceptive practices.


I really do suggest people listen to that lecture.

 

[Dr.Fessel]

I don't see how the State or Judge can make KC talk to any shrink. She has the right to remain silent.

 

[snowshuze]

Jose can never really take a hint... can he?

Judge Perry was basically telling JB that they are not going to be able to make jury selection a long drawn-out process and that if they can not sit a jury within that first week (media will know by the first day where they are) that the jury pool will be tainted in that location. So basically if he was planning on stalling the jury selection process that he can look forward to jury selection in Orange County.

Seems to me that Judge Perry picked a location that has very little access to media... especially national media. He probably picked a location with the least amount of homes with cable... is what I am thinking. So it is their best bet to get a jury that knows very little about this case from that location and if JB wants to draw this out so long that the media infiltrates this area with information about this case... they might as well have a jury in Orlando.

Judge Perry is trying to seat a fair jury... and I think he knows that Jose wants to use the excuse that Casey could not get a fair jury... Judge Perry is trying to make that an impossible argument for JB and company!

Not if it was gold plated with a "steal me" sticker on it.

Catching up from way back in the thread.

 

[ThinkTank]

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

Finnell stressed to the Judge more than once that they are NOT claiming a "mental health defense" .... the Judge seemed perplexed and asked if they are claiming "diminished capacity"? And Finnell said no to that also. The Defense Motion says "state-of-mind" witness to rebut Judge's rulings regarding the Defendant's consciousness of guilt and state-of-mind.

 

[pip]

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



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.

So in Florida it is a mental health defense or it isn't..nothing in between allowed, right?
So they are trying to replace "diminished capacity" with "state of mind" to avoid the mental health defense label.

 

[ThinkTank]

Originally Posted by 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???

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

This is all about the Guilt phase - the Defense is asking to put these 2 psychologists into the Guilt phase - and that is what needs to be decided now.

 

[pip]

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.

They all get one in receiving (intake), but are only seen by MH if they request it or if psych feels they need it after eval is initially done. (they can still refuse MH, which they often do because it's points against you from other inmates, they don't want to be targeted by other inmates for seeing psych)

 

[ThinkTank]

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.

Yes, Judge S ordered a psych eval when the Inmate was first arrested in July 2008.
Dr. Danziger did it, along with another psychologist.
see our "Psychologists Dr. Danziger, Dr Berns, ....." thread

 

[MelissaLee]

So in Florida it is a mental health defense or it isn't..nothing in between allowed, right?
So they are trying to replace "diminished capacity" with "state of mind" to avoid the mental health defense label.

JMO -

"Diminished Capacity" or some kind of messed up "state of mind": either one being centered on by the DT makes JBs flirting - to me, at least, he seems to flirt with ICA and vice versa - even MORE gross and reprehensible. Whether he believes it, his actions make me even more likely to call B.S.

 

[Intermezzo]

http://www.city-data.com/city/Florida.html

Interesting data on larger cities.

Hialeah looked interesting.
I looked at the population in Hialeah 218,896
Demographics and it is 96.1 % Hispanic, 4.4 % White, 0.7% Black, 0.3% Asian..
WOW...didn't know that..
96% Hispanic in Hialeah... higher than Miami at 68% and Kissimmee at 52%

 

[strawberry]

He he: Look what NG is about tonight:

Did Cindy Anthony Spray Febreze to Hide Stench of Caylee's Body?

http://www.cnn.com/CNN/Programs/nancy.grace/

 

[ThinkTank]

I don't see how the State or Judge can make KC talk to any shrink. She has the right to remain silent.

Maybe it has to do with the fact that the Defendant has already been studied/examined by several Defense mental health experts, and now the Defense wants to use the experts as witnesses at trial, so it is only fair to the State to have their own expert examine her so the State expert can give rebuttal testimony to whatever the Defense experts are going to testify to?

 

[strawberry]

Maybe it has to do with the fact that the Defendant has already been studied/examined by several Defense mental health experts, and now the Defense wants to use the experts as witnesses at trial, so it is only fair to the State to have their own expert examine her so the State expert can give rebuttal testimony to whatever the Defense experts are doing to testify to?

I think that's right. I hope we get to read the motion today...

 

[pip]

Maybe it has to do with the fact that the Defendant has already been studied/examined by several Defense mental health experts, and now the Defense wants to use the experts as witnesses at trial, so it is only fair to the State to have their own expert examine her so the State expert can give rebuttal testimony to whatever the Defense experts are going to testify to?

That is the reason. The DT was saying no way, it's not a mental health or diminished capacity situation (which would allow the SA to examine her)..guess they were fibbing. We will have to see how the judge rules, but I suspect that since JA is filing already, it is probably the case.

 

[ZsaZsa]

Here is In Sessions interview with Rob Dick from this morning! Wow.
Listen all the way to the end of the video, after the interview is concluded there is what sounds like a call-in with comments...
http://www.myspace.com/565006329/videos/video/107698411

 

[RR0004]

Is it over?

 

[itsjustme22]

Hialeah looked interesting.
I looked at the population in Hialeah 218,896
Demographics and it is 96.1 % Hispanic, 4.4 % White, 0.7% Black, 0.3% Asian..
WOW...didn't know that..
96% Hispanic in Hialeah... higher than Miami at 68% and Kissimmee at 52%

Hialeah? Doubt it.... First its actually Dade County so that would include all of Miami and I can probably safely state that ICA wouldn't find any sympathetic jurors in Hialeah....

 

[Intermezzo]

I think it was along the lines of......"you've got to be kidding me".

AL is VERY big into the art of Voir Dire. DT has asked for a jury consultant on more than one trip to court.

HHJP recently commented that CM was skilled enough to serve as their jury expert.

Having listened to AL talk about her "transcription" trick I just know JB was ruffled.

While my synopsis of the lecture did not include this part.....I recall how AL said you can simply tell the court staff that you are running around in between the different rooms and it would make things easier just to get the transcripts for times sake.

So the comment about real time transcription AND the court deputies being aware of what was going on in each area IMO wasa big fat "thwart" to deceptive practices.


I really do suggest people listen to that lecture.

Now I kinda wished Andrea was still around so we could see the look on her face when JBP made that comment.