2011.06.04 TRIAL Day Ten (Morning Session ONLY)

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JB - you and Mr. Bloise were processing car w/BluStar with TV crew filming....could see their lights ..don't believe lights on @ that time Mr. Vincent did not call media....intent to have media film while process car (object- sustained) immediately broadcast object-sustain.....samples very first time ever taken air samples....first time heard ever being done... it was new but no call it experiment....

there were multiple attempts to try to collect air samples...just couldn't do it correctly? not the case at all...

multiple attempts 7/17 - 7/23 were attempted by Dr. Michael ? ...he observed process....multiple methods employ? different types of filters....first syringe, carbon filters...sent a pump from Dr. Vass in Aug...sample he collected.....air is free flowing but don't understand meaning of difficult...air in garage in Forensic bay was not same on 7/16 as 7/29 not same air but not sure if same quality air ...open door air in and out....have no info re: air in this car on 6/16/2088 ....air in garage @ A family no knowledge....tow yard no air sample....no air from near dumpster whre car was....samples took on 8/29 not air samples.....Mr. Sigmund took samples on 7/23 then on 7/29 attempt to get control samples....don't understand - don't think correct NO.....
attempt to get compare samples? I can't compare NO.....purpose to collect air samples? I Don't....... let me rephrase...forensic bay air from garage is evidence....there is no dispute in fact with anything to do with air from your garage....JB let me rephrase, reason took air from bay and car and trash....difference in air from one location to another....just to see in the air in the garage...trash....car....took this on 8/29 didn't take on 6/16 nor 7/15 when first got car...done a month and half later for air that is free flow....samples not representative air like in that car on 6/16 or 7/15? it was collected for the Odor coming from the items tested.....not representative sample of what you are trying to accomplsih ....don't understand question...(object- sustained)

air sample take of trash....you didn't take sample of trash on 7/15 you did it 8/29 significant difference in trash from 7/16 to 8/29? ...... could have been....I would not be able to tell I didn't test it on 7/16....smething done to trash on 16th? or 7/17?

got trash from forensic dept on 7/16/08 taken to a dry room? don't know if immediately taken or not.....

picture....signficant difference between trash in ea photo? yes
dry room was done by Bloise....for either for storage or drying.....

took samples of air for the trash had already been in dry room...not have moisture or same odor on 7/16? can't answer....common knowledge? it is possible....

object-let him finish answer ....sir don't answer....

common knowledge - human that has trash thrown out all life.....odor signficantly different with wet bag of trash.....if trash was wet ....smell would be different when dry if it was wet.

what trash stored brown box cardboard taped all around..not moist and damp....

gas can appears to have some gas dripping on side.....it was completely dry...can I show to you? yes...appear to be shiny area? appear be wet or drying gas?

It was not wet gas ....there was no gas in that can it might be a stain....

is it possible someone wiped down to clear fingerprints (object-sustained X2)

indications you can see if wiped down = were you able to identify if this was wiped down? it did not appear to me to be wiped down....didn't contain any fingerprints..


Re-direct

Gas can was handed to him by someone? No pointed out and he retrieved ...collected himself using gloves...carry by handle normally......sunfire stored between 7/16 to end of Aug - secured in their office intheir garage....same location entire time.....odor in vehilce same....still strong odor - not diminished in any way he can recall....items referred to as trash handled by Gerardo Bloise - photo by him...knowledge of trash stored separately from car the entire time? Yes.....

JB - additional questions on area just covered?
JB going thru checklist

witness excused


 
Judge still has to teach JB - do you have additional questions on the area that was just covered. Holy smoley.
 
LDB asks if odor from vehicle stayed the same while it was stored at OCSO and Vincent says yes
 
JB really IS a lot like the ICA! He saw JA laugh at himself when he fumbled a question and saw the jury respond well to it. So JB just laughed at himself when he fumbled (yet again) -- something tells me the jury was like: whatever.
 
Continued Cross Examination of Michael Vincent by JB.

Collection of blood was not on tv. The bay and the car were on tv. The garage door was open when he and Inv. Bloise were processing the car. There was a tv crew there. He did not believe they had lights on. He did not call the media.

This is the first time he has collected air samples. First time he had ever heard of it being done. It was new. He wouldn't call it an experiment.

He agreed there were multiple attempts to collect air samples. He did not collect them on the 17 and the 23rd. Dr. Sigmond did it. He observed. Different types of filters were used to collect the air samples. First there was the syringe, then the carbon filters, then in August he received the pump from Dr. Voss - that is the only sample he collected.

He agreed that air would come and go in the trunk and in the garage bay.

He did not test the air in the A's garage, tow yard or near the dumpster at the tow yard.

The 8/29/08 air samples - he took samples of the forensics bay air. It is evidence.

He thinks the tests were conducted to see what was in the air in the different locations, not to compare them, other than to see if the air in the garage made it into the trunk and visa versa. He agreed the forensics bay garage was taken a month later.

He thinks the prior samples were taken due to the odor.

He took an air sample of the trash. He did this on 8/29. He did not test it on 7/16 so he couldn't say if there was a difference. (JB's questions are very confusing!!)

Trash was collected on 7/16. He didn't know if it was immediately taken to the dry room. (JB at Clerk's table looking for something). the witness is then shown Defense Exhibit C (not admitted yet so Jury can't see). Photo on left looks like the trash when he first saw it. The photo on the right was of the trash being laid out to be inspected. Trash would be put in the dry room to either store it or dry it. The trash samples were taken after the trash had been in the dry room. He could not say if the air sample of dried trash would be different from the wet trash. If the trash was wet and placed in a dry room, the smell would be different wet and dry. It is possible the trash was dry when he took the air sample. The trash was stored in a brown cardboard box. It was not wet.

Regarding gas can, he collected it. It is metal and completely dry. The shiny area below the duct tape might be a stain from prior dried gas. He processed the can for prints and there weren't any. Some times they can tell if something had been wiped down for prints. It did not appear to him that this can had been wiped down, but it did not contain any prints.



Redirect exam of Michael Vincent by LDB.

Gas can was pointed out to him and he collected it. He wore gloves.

Car was stored in garage from 7/16 to when he took the samples. The odor was still there at the end of August. It had not diminished in that time.

Trash was handled by Inv. Bloise, not him. The garbage was stored seperately from the car the entire time.

Witness is excused subject to recall.

Jury excused until Monday at 9:00
 
If I were a juror and I couldn't even understand what JB was trying to accomplish with the questions/confusion I'd probably be more inclined to disregard that line of questioning anyway. So the confusion attempts wouldn't throw me off or create reasonable doubt to me, IMHO.
 
HHJP: after LDB he is asking if there are any additional questions. May the witness be excused. You may be excused sir, subject to a recall. I don't think we have a eight minute witness. We will recess and be back Monday at nine am. I have worked out the kinks as far as resturant number one. And see about resturant number two. Okay. I think things should work out for the hamburgers, you don't know yet? I will find out before I leave today. Okay, see you on Monday morning.

I :luv: that HHJP thinks of the jury. :thumb: Jury!

The jury is dismissed.
 
JudgePerrySays

"I don't necessarily think we have an 8-minute witness."
2 minutes ago via TweetDeck

JudgePerrySays

"I have worked out the kinks as far as restaurant #1."
2 minutes ago via TweetDeck

JudgePerrySays

"I think things should work out for the hamburgers."
1 minute ago via TweetDeck

CFNews13Casey

Judge promising jury to work out kinks so they can eat at "restaurant #1 & #2"
less than 10 seconds ago via Twitter for iPad
 
CM is reading and not listening and JB objects but doesn't know on what grounds.........send in the clowns..........send in the clowns!
 
ahoyhoy said:
Judge is SO thoughtful for the jury.
Click to expand...

He sure is, and you can tell it is genuine. And I love how he smiles when he is talking about their food issues especially :) He really appreciates their being in the situation they are, and cares for their comfort.
 
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