2011.06.10 TRIAL Day Fifteen (Afternoon Session)

[Cubby]

What was JB's line of questioning with regards to hair being on the top of the head? I got interupted by the kiddo when that came up.

Where was JB going with that? Seriously - has he observed his clients hair when she doesn't have it in a bun? It is NOT solely atop of her head. Does he realize unless someone has a partial mohawk their hair is not solely upon their head?

 

[Irish_Eyes]

I have to say I'm suprised. From what was said on TV the picture being used is of ICA and Caylee together....in that context I can see how a picture of Caylee morphing into a skull with ICA present in the picture could be prejudicial....that is an image that will live in the juror's minds as they deliberate, IMHO.

HHJP again to JB "can you cite one case" lol

 

[kljohnson0458]

I think JB better give ICA his pocket insert before it's played. I hope this tape doesn't backfire for the jury. I have mixed feelings.

 

[downport]

June 10,20011 = Casey Anthony's Really Bad Super Horrible Day

 

[Amster]

SMACK DOWN, Jose. Sit.

 

[stilettos]

If the Inmate does her freaking little crying act when this is shown I am gonna explode.

HHJP asking for case law...JB come on.

 

[Tiki]

love HHBP's face when he listens to JB "advises" the court

.

 

[21merc7]

Love it when Judge P purses his lips

 

[susietigger]

Florida---WHO decides punishment? Judge or Jury?
If the JUDGE alone does it, her behavior is gonna fry her, is why I'm asking. TIA!

IM not sure but I think it is the jury. It is the penalty phase. But I could totally be wrong on that.

 

[SyraKelly]

OMG HE is Letting it come in!!!!!!!YES!!!!

I personally believe it should come in! ICA should have to see what she did to her own child and also the jury make look at it in a different light.not only see how the tape was,but if it really shows them its CAYLEE's skull.If I were on the jury that is what I would look at to!

 

[Themis]

Divine Intervention to have this Judge on this case!....

Ya. You betcha!

 

[FaerieB]

She is glaring daggers at JB!

 

[wenwe4]

HHBP - JB's case first cited was not helpful to the court for the 403.....the pest control video approx 15 min duration....residence in question...extermination equipment ...drilling holes inject chemicals throughout the house....computer produced animations and narrations...court concluded narrations contained throughout - self serving promotional ta- pe - should not have been introduced in this case....not very long opinion -does NOT go thru a
403 analysis!!!!!

Factors in McDuffy
1) need for evidence - issue by cross and direct exam deal w/placement of of duct tape on the victim and the location of duct tape
2) non-descript picture
3) utilize skull of Caylee - jury has seen several pictures of that particular skull no blood or gore -
Dr indicated this will illustrate and aid in assisting in his testimony - can do without it but helpful....does evidence suggest an emotional basis for a verdict? this piece of evidence live photo superimposed with the skull not have an emotional basis for verdict

is evidence necessary to determine material of fact....both sides debated placement of duct tape - highly relevant....trier of fact to determine....court will permit witness to testify

last but not least - pursuant to pierce -evidence used to illustrate expert opinion , like all witnesses with one exception - law permits to give opinion ....only on their subject of expertise......limited instruction to be given to jury

DT - do not waive previous motion and objection....

Sidebar - SA had disclosed to DT - violated HHBP order - witness had depo taken...it was disclosed....

DT - JB - caution or advise court may also occur with Dr Warrent testimony - he co-authored with Dr. Schultz......likely to occur......

JA - DT is not challenging not cumulative but relevant....

JB - dr. schultz on these matters - why not bring in 3rd forensic? bolster dr. schultz testimony by doing more...highly prejudicial.....

HHBP - cite 2 experts on the topic is cumulative.....usually after 2 it gets to be cumulative in judges opinion..

nothing more return jjury

 

[shezcrafti]

DT looking like the rug was pulled out from under them.

 

[MsFacetious]

At least this time when Casey cries I won't be the slightest bit tempted to feel bad for her.

 

[celticthyme]

IMO the defense was counting on the chloroform being the argument by the SAO......they just got a big shock.

Right, and now they are whining that the State is "throwing their theories to the wall to see what sticks!" The IRONY IS INDEED RICH! )

 

[azscr4mbl3r]

Well it seems the DT wins another one for the SA. Anybody ever see a sign in their mechanics garage saying Labor: 50.00 an hour 75.00 if you watch 100.00 if you help.. don't know why I thought of that..hhmmmmmm... I think we will see a new urban dictionary entry after this trial like you just got Baezed meaning the guy that was supposed to help you hurt you.

 

[GiantPickle]

casey just mimicked Jose's fastening of his coat buttons...on her tshirt...what up with that?

 

[Ssejors]

THE COURT WILL PERMIT THE WITNESS TO TESTIFY.

With that! any other matters prior to jury returning?

None for the SA

Yes a word of caution from JB about cumulative testimony.

HHJBP saying two experts isnt cumulative.. 3 would be in his opionion.

 

[tut med]

ICA looked like she said told you to Baez