Mountain_Kat
Heca Firimar !
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Good lord...what NOW?!
2011.06.13 TRIAL Day Seventeen (Morning Session)
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Ms.Heather
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Stall....delay....fumble.....
Lets move this along....
Lets move this along....
Solomisskitty
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JB, please stand up, stop talking and put the water bottle down when the Judge is speaking to you.
Eidetic
Open your eyes to the millions of lies that they t
Baez does not know how to quit while he's ahead.
MissJames
a yellowflutterby changed my life : )
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Cheewawa007
Registered Changiholic
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Maybe they didn't have a color printer or forgot to change the preferences on their copier/printer/scanner from black & white to color...
Sleuth5
LUDO ERGO SUM
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That is the single most damaging quality he brings into the courtroom.
BigFatMommyDog
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oy - and I just am able to get back here and now what
mombomb
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Jury still out.
BY HHJBP - Basis of Ruling - cumulative, 403 - undue prejudice, and improper bolstering. Ruling was based on the 6th amendment issue because they had not seen the power point presentation and they received only black and white photos. Defense had opportunity to take depo of witness and to see the study. Defense has not pointed out anything the witness has testified to anything they did not know or that they could not have known regarding post-mortem hair banding. Even though exhibit was demonstrative, the Defense was disadvantaged by not having to seen it earlier.
OBJECTION to study OVERRULED. OBJECTION to power point SUSTAINED.
JB - Could not dispose witness after they received the last material.
HHJBP - What would you have hoped to glean at that time that you did not already know?
JB conferring with DS.
JB - wanted to be able to inquire - more questions on the study.
HHJBP - IT IS A WIDE UNIVERSE OF THINGS WE DO NOT KNOW. I DON'T KNOW TRANSLATES INTO NOTHING.
JB - Did not have opportunity to duplicate this with their independent expert.
HHJBP - new studies appear every day. The fact that you can't duplicate is not the basis for an objection. Not aware of any case.
JB - unhappy this is occurring at the end of the State's case.
Jury coming back.
BY HHJBP - Basis of Ruling - cumulative, 403 - undue prejudice, and improper bolstering. Ruling was based on the 6th amendment issue because they had not seen the power point presentation and they received only black and white photos. Defense had opportunity to take depo of witness and to see the study. Defense has not pointed out anything the witness has testified to anything they did not know or that they could not have known regarding post-mortem hair banding. Even though exhibit was demonstrative, the Defense was disadvantaged by not having to seen it earlier.
OBJECTION to study OVERRULED. OBJECTION to power point SUSTAINED.
JB - Could not dispose witness after they received the last material.
HHJBP - What would you have hoped to glean at that time that you did not already know?
JB conferring with DS.
JB - wanted to be able to inquire - more questions on the study.
HHJBP - IT IS A WIDE UNIVERSE OF THINGS WE DO NOT KNOW. I DON'T KNOW TRANSLATES INTO NOTHING.
JB - Did not have opportunity to duplicate this with their independent expert.
HHJBP - new studies appear every day. The fact that you can't duplicate is not the basis for an objection. Not aware of any case.
JB - unhappy this is occurring at the end of the State's case.
Jury coming back.
sassy_texasbelle2
Well butter my butt and call me a biscuit
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Maybe he did not have enough money for colored ink.:floorlaugh:
Carolina Girl
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Perhaps JB should have spent some time in the last 3 years planning this case?
Ms.Heather
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Donjeta
Adji Desir, missing from Florida
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Jb wants to clarify for the record that 9.06 am he did object and in March they also objected.
Judge: Your previous objections dealt with Frye and we had a hearing on Frye issue. They were cumulative, prejudice and improper bolster. The court's ruling was based on an 6th amendment issue based on an exhibit that you had not seen, the color items that were provided in black and white, it would be unfair so the court struck that particular item. You have had an opportunity to take a deposition and look at the study and you have had numerous opportunities to do that. You have not outlined anything that Shaw has testified to that you did not know in deposition or that you could not deal with postmortem hairbanding issue. This court felt that this exhibit did put the defense at a severe disadvantage by not having an advantage to view it ahead of time. I overrule the objection about the testimony but dissallowed the use of the exhibit. You did not say that you didn't have an opportunity to take his deposition.
JB: The only issue is that we could not depose him after we had got that..
Judge: What information you would have hoped to glean from an additional deposition that you didn't already have?
JB: we wanted to inquire on the basis of what we're observing and ask him questions about the study.
Judge: There is a vast universe of things we don't know. Brady vs Maryland, you must be able to show prejudice because I don't know translates to nothing.
JB: We are not able to replicate anything.
Judge: It's not a basis that you weren't able to duplicate or if you know a case I'm all ears.
Judge: Your previous objections dealt with Frye and we had a hearing on Frye issue. They were cumulative, prejudice and improper bolster. The court's ruling was based on an 6th amendment issue based on an exhibit that you had not seen, the color items that were provided in black and white, it would be unfair so the court struck that particular item. You have had an opportunity to take a deposition and look at the study and you have had numerous opportunities to do that. You have not outlined anything that Shaw has testified to that you did not know in deposition or that you could not deal with postmortem hairbanding issue. This court felt that this exhibit did put the defense at a severe disadvantage by not having an advantage to view it ahead of time. I overrule the objection about the testimony but dissallowed the use of the exhibit. You did not say that you didn't have an opportunity to take his deposition.
JB: The only issue is that we could not depose him after we had got that..
Judge: What information you would have hoped to glean from an additional deposition that you didn't already have?
JB: we wanted to inquire on the basis of what we're observing and ask him questions about the study.
Judge: There is a vast universe of things we don't know. Brady vs Maryland, you must be able to show prejudice because I don't know translates to nothing.
JB: We are not able to replicate anything.
Judge: It's not a basis that you weren't able to duplicate or if you know a case I'm all ears.
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