2011.06.15 TRIAL Day Nineteen (Morning Session)

[BetteDavisEyes]

HHJP had his mouth covered throughout most of CM's argument. Not so with LDB.

 

[Kat]

She is supporting Dr. G's testimony of MOD as Homicide.

 

[Dr.Fessel]

each layer of tape, each plastic bag a count of child abuse.

 

[miabellamoure]

GA looks like he's ready to lose it...sniff...

 

[BigFatMommyDog]

Does Casey seem more glossed over than usual today?
Maybe because there aren't witnesses to break up the flow?

No audience

 

[greycoupon]

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for reference

 

[mombomb]

LDB - the law is the law. The cases she provided the other day were not provided because they were factually similar, but because they clearly stated that at this stage of the proceedings, all inferences must be toward the state.

Serano was included for the proposition under the law that the state is not required to rebut conclusively every possible variation of the event, but must be consistent with the Defendant's theory of defense. Serano's was an alibi.
In this case, the record of a defense was that ZG kidnapped the child. Evidence has conclusively rebutted the hypothesis of innocence.

Dr. G has stated that this is not an accident, rebutting the Defense's hypothesis.

GA rebutted the Defense's hypothesis.

Jackson v State - Defense challenged manner of death. ME testified that decomp made cause of death difficult and ruled homicide by undetermined etiology - similar to homicide by undetermined means. Opinion based on, among other things, common sense.

A reasonable jury in this case can conclude that Caylee died as the result of the application of 3 pieces of duct tape to her nose and mouth; and, as a result of poisoning by chloroform; and, as a result of the combination of the two based on the trunk evidence and how her remains were discovered.

Also, that the relationship between CA and ICA could provide a motive for ICA to eliminate the child.

Also, that ICA began preparation as early as March 2008 when she conducted computer searches on chloroform and other means of injury.

The only real issue of judgement of acquittal at this stage has to do with Brooks v State, presented by the Defense. Litigation has ensued as a result of the Brooks opinion.

Dorsey v State came out of Brooks. Dorsey does not address whether or not the language of the merger doctrine of agg child abuse and 1st degree murder would require a judgement of acquittal on the felony murder theory. Dorsey questioned whether shaking a child to death could be considered a single act. Mechanism in Dorsey was found to be something more than a single instantaneous act.

Lewis v State - convicted of drowning daughter by holding her under in the swimming pool. Was this a single act of agg child abuse.

Lewis is on hold as of last night.

Lim v State - Regardless of language in Brooks, the multiple events surrounding the victim's death, it was removed from the holding of Brooks.

More than one hold or grip during a single act of abuse or strangulation did not constitute a single act of abuse.

Since a reasonable jury can conclude that Caylee's death was caused by the application of multiple pieces of duct tape which obstructed her mouth and nose - this would not constitute a single act of abuse, and therefore, the aggravated child abuse does not merge into the homicide and does not preclude them of the felony murder rule.

Issue of premeditation - At this time, resolving all inferences in favor of the State, the jury could conclude - based on the computer searches, based on how the child died per ME - that this was an intentional act designed to cause the child's death. There is no fixed period of time that must past, but that when ICA decided to place duct tape on the child's face - 3 pieces - that sufficient time had past and premeditation had been established.

 

[scotslass]

My DH and a few friends have said pretty much the same thing. It brings to mind Karla Homolka. Before her release there was a lot of fear for her safety and in the end she has changed her name and moved out of her hometown...the media was still able to find her and there are still serious concerns over her safety today.

Yeah unfortunately KH the personification of evil was released, allowed to get married and HAVE A CHILD...that disgusts me to no end... i have serious concerns for that child not KH..

 

[KenoshaKid]

not one, not two but THREE pieces of duct tape. GO LDB!!

 

[ZsaZsa]

That's a "I hate you" look...^i^

Jealousy too.
ICA will never get up to face LDB, IMO

 

[Mendara]

suffiecient time would have passed between each piec of duct tape as they were placed on Caylee where KC would have had time to consider this and pre meditated.

 

[nursebeeme]

chloroform is a volatile!!! it would not be in what was left of caylee's remains (bone marrow)

 

[KathrynL]

Huh. She did twitch when LDB said "holding the child underwater until she drowned"

I've been thinking that is what she did since I read JGs statement that he was told in 2008 that KC claimed that he drowned Caylee in the pool (along with the new, improved version of the drowning theory presented in DT opening).

 

[The Farm]

ICA has GOT to be medicated today...she is really breathing shallow and seems almost half asleep....

I do not know about anyone else but I have a problem whith her having the option to be "medicated".

She should see it all with her eyes wide open.

 

[KenoshaKid]

CM saying no chloroform AT ALL.

 

[Sleuth5]

I think he does better at this type of presentation (!) because it can be studied ahead of time. He does very poorly with questioning witnesses or thinking on his feet..

Very respectfully disagree -- I think he simply lacks the conviction necessary to bring his considerable skills to bear in the defense of this particular client. I read an attorney who has come to recognize what kind of monster he's defending and has an ethical obligation to provide the best defense he can, but I just don't believe his heart is in it.

I'm not so ready to believe that he is not particularly capable.

:cow:

 

[Softail]

HUH? :doh: CM now saying that the chloroform was a result of decomposition? Hmmmm.... :waitasec:

 

[Horace Finklestein]

Now that the jury is gone we don't hear about Kronk or molestation, etc. Pretty obvious that the defense is just a scam. Great system we have.

 

[What'sThatClue]

CM states there was no chloroform related to this child's death.."At all."

 

[the seeker]

You know, Mason....thats all fine and dandy, but there is still the explanation of the chloroform SEARCHES. I dont believe "at all" that was just coincidence. GET REAL!