2011.06.06 TRIAL Day Eleven (Morning Session)

[Insomnia Momma]

Dr. Vass telling JB he doesn't understand what he's (Dr. Vass) talking about. :floorlaugh:

 

[legalmania]

This guy is a expert Jose stop trying to out smart him.

 

[JSR]

:banghead::banghead::banghead:

 

[Nali87]

Did he just google?

 

[SleuthinginSeattle]

Can someone please calm me down and/or give me a calm way to explain to my dad her guilt in this.? My dad must not be paying attention, and I am too flustered listening to his "junk science" stubbornness. He watched for the last few weeks up until about a week ago, and I feel like I have to prosecute the entire case in 5 minutes every time I get on the phone with him.

 

[Broderick]

overruled

 

[TexasDoll]

How many cars did Dr. Vass have to test to have a reliable test? Ugh...

 

[Patience]

Baez done crossing Vass.

any additional objections to the testimony.

Baez-yes, testimony beyone Vass expertise

 

[Omachka]

LOVE IT!!! I thought you were going to question methodology. So is this a cross or a proffer?

It was a void dire but when the jury was excused the Judge needed to see where he was going so it became a proffer.... I think.

 

[JSR]

This guy is a expert Jose stop trying to out smart him.

JB should know that it's never going to happen. Vass can run circles around JB.

 

[marleysmom]

Now they have homework!!!!

 

[luckyme]

Over ruled.

 

[Bobbarita]

What is on Pg. 745, Earhart?

 

[adb263]

OH great....HHJB is now giving homework!!

 

[Softail]

:lol:

CJBP is giving them a homework assignment over the lunch break.

 

[Storm]

Lunch homework! LOL ^i^

 

[Cher352]

Wasn't that that same agruement about the only other car being test the junk yard car brought up at frye?

 

[mombomb]

Continued voir dire of Dr. Vass by JB.

Results of LIBS showed inorganic elements consistent with decomp were elevated compared to the sample - calcium, magnesium, sodium, carbon, iron. He doesn't personally conduct LIBS exams. Elements are found in everything known to man. He is not a physicist. He knows which inorganic elements are liberated and elevated in decomp and thinks he can make a conclusion that since all these elements are elevated - it's just another corroboration of what his nose tells me is correct.

HE SAID HE DIDN'T THINK JB QUITE UNDERSTOOD WHAT THEY WERE TALKING ABOUT - haha!

They were comparing the car sample to the control sample.

JA objected - overruled.

JB - the only comparison was between the junk yard sample and this car in terms of LIBS.

No further question.

JB objects - testimony outside of scope of expertise and comparative analysis. Objection overruled. State and Defense asked to read page 745 of the 2010 ed of Eirhardt - first 2 full paragraphs particularly dealing with foundation requirement that must be laid before experts can regurgitate other things so things can move on.

Jury coming back.

 

[grammieto5]

Oh boy, someone has homework LOL

 

[wenwe4]

HHBP reading law re: expert usually use data

permit experts to reach opinion to explain in same manner as they would in their place of work.....citing law
u
use their opinions in court as they would in their settings (ie: hospital records, notes, with colleagues ,etc)

Mr. Baaaeezz - under the impression you were exactly going for.....abundantly clear experts are able to rely on other's reports ....even if evidence ....reasonably relied upon by expert to support their opinions....you may go into proper subject for cross exam not necessarily deal with what you indicated this is what you want to do.....continue your proffer to see where you were going with this

you may proceed..

JB - results of LIBS

Dr. V - showed inorganic elements associated with human decomp significant elevated over control sample....calcium, sodium, carbon, iron, magnesium, extent of ability of LIBS

don't personally regularly conduct LIBS exam....elements found ....not a physiscist.....know which inorganic compounds elevated in human decomp events.....logical conclusion all these are elevated - should be elevated confirm what my nose tells me is correct.

testify able gain some knowledge from these chemicals as relate to studies of inorganic study ....comparative analysis on types of studies conducted.....variable conditions ...buried bodies, inorganic work done on surface decomp....compared to actual studied? Not true you can compare anything you want!

chemical compound of the libs to a buried body to a surface body....you don't understand what is happen ....we compared what found in trunk in car to control samples from junk yard.....can't compare soil sample with paint chip.....not fair.....

compare junk car in TN vs. this car ...only comparison you can make and (object- overrule) HHBP - he is proffering @ this time

only comparison done was junk yard sample and the car in this car.....in terms of LIBS correct.....

JB objects to this witness outside the scope his area of expertise and outside scope of comparitive analysis (object overrule) ask State and defense over recess read pg 745 2010 edition of airheart first 2 full paragraphs....foundation require before experts can regugatite other things....move more expeticiously return the jury....