2011.06.20 Sidebar Thread (Trial Day Twenty-three)

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Americka said:
Yes, the witness was deposed on Saturday afternoon for two hours, but he didn't receive a typed copy of the transcription until this morning. He stated he read through it once, but needed more time to take a closer look.

Regarding the second question, that person sent him a half page report that contained NO OPINION. Baez sent the witness to Ashton's office on Sunday, but was turned away because Ashton cannot depose someone who has no opinion on the case. :twocents:
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ANewsJunkie caught the photo of Ashton holding up Defense expert Richard Eiklenbloom "report" which is only a few sentences, and says nothing about his expert opinion that he would offer at trial.

http://www.websleuths.com/forums/showthread.php?t=138128&page=3
 

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TwiceIrish said:
So true. In my daughter's case, I was not allowed in the court room because the Defense claimed they were going to call me as a witness. My other children were made to testify, one was on the stand for 3 straight days and I couldn't be in there to give her moral support. The courtroom door was partially glass and I walked several times up to it to try to give her a glance of support. The defense noticed that and then asked that I be banned from the front of the door.

And, in the end, they never called me to the stand.
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I keep trying to write something profound ,but really,I have no words :hug:
 
Coldpizza said:
Hi all, guess everyone got their homes cleaned today! Just getting home and HLN isn't saying much. So was this am just about the same as Sat. or was there more to it? A brief recap would be great, but I know that's annoying to ask!
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I said I would *TRY* to clean. I didn't say I would succeed. :(
 
BritsKate said:
It's getting late my time so I'm calling it a day but IF anyone watches the coverage from today could you please pay close attention to right after JB wraps up. IIRC the judge says 'No' and then begins his admonitions.

Did I hear that right? And to whom was he saying 'No'? TIA! I wonder if JA asked if he could respond. Truthfully I'm glad he didn't - it was ugly enough and I hate to see my honey upset.:giggle:
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I just got through transcribing the arguments this morning and I put them up in the witness testimony thread for Kimster to file somewhere. HHJBP said "Nope" in response to JB's statement that he made as he was walking away from the podium (it was hard to hear). He said he was finished with his argument unless the Judge had any questions - hence the "nope". Hope that helps

Eiks - sorry I think this may have been answered earlier.
 
Boytwnmom said:
for one thing. Now that the SA is done...a mistrial looks good-they know all the SA's witnesses, their order, their testimony etc. Plus, it's delay, he's been delaying for three years ensuring this doesn't come to trial. Plus, who knows why he does anything!
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If there is a mistrial (Oh Lord, Please not) - is it possible JB may not be her lawyer? The judge is planning on taking care of some issues after the trial. Plus, what are the rules about the state footing the bill for a retrial, does she still get to pick her lawyer?
 
Coldpizza said:
Hi all, guess everyone got their homes cleaned today! Just getting home and HLN isn't saying much. So was this am just about the same as Sat. or was there more to it? A brief recap would be great, but I know that's annoying to ask!
Click to expand...

No witnesses today
recessed at 11:00 until 9:00am tomorrow

Baez was going to call Dr. William Rodriguez but Ashton told the Judge he needed more time to review Dr. R's deposition transcript from Saturday, and time to prepare for cross examination.

Ashton said Dr. R prepared to state opinion which he is not qualified to give: opinion that other people can't distinguish human decomp from other odors. This opinion was not in Dr R's original Report.

Then Baez wanted to call Defense expert Mr. Richard Eiklenbloom - but Ashton said there is nothing in his Report, so Ashton did not do a deposition with him, with no info.

Ashton said Mr. Eiklenbloom showed up at my office yesterday afternoon [Sunday] w/o depo, had no report and I just got a 2 page report and 45 slide PP presentation yesterday [Sunday]

Ashton said he will prepare another Sanctions package against Baez for this deliberate violation of the court order.

Ashton said he will take a deposition of Mr. Eiklenbloom on Tuesday at 5:00pm.

The Judge reviewed his previous Orders regarding expert witnesses, from Dec 10, 2010 and Jan 6, 2011.
Judge granted State request to defer testimony of Dr. Wm Rodriguez.
Judge said he will deal with the Sanctions issue after the trial is over.
Judge said the Florida Bar may get involved when the trial is over.

Judge said if there are repeated violations of his Orders, then exclusion of the witness testimony may be the proper remedy if it continues.

Judge said Wednesday will be a short trial day.

Defense said Dr. Rodriguez was first witness - second witness was Richard Eiklenbloom - third witness was a woman they were trying to get. She never arrived.

Judge told all attorneys to be in court at 8:30am every morning from now on.

Judge said we would go all day on Saturday [not stop at 1:00].

Judge said by stipulation between Defense and State court is in recess until 9:00am tomorrow morning.
 
6pm central - History Channel is airing a show about the Body Farm and featuring Dr. Vass!
 
PMLsmom said:
Only on pg. 13 of this thread,but...anyone think JB went to the pokey for the night?
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HA! I was thinking the same thing earlier today! Wondering if that ligtening bolt struck for the 3rd time...and JB did not learn to keep quiet...and :seeya:
 
Ok, I am giving myself a personal time out. It breaks my heart to think that I might have hurt some one's feelings today. You guys are my second family and my Rock of Gibraltar and I love you all dearly. Although I don't THINK I did. No one complained any ways. ;) ynot can I put in an order for a good ole country breakfast in the am? I will bring the home made sausage gravy. :blowkiss:

yum-1.jpg
 
md_in_il said:
6pm central - History Channel is airing a show about the Body Farm and featuring Dr. Vass!
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Thanks, I'm on the east coast, so just turned it on... I'm really not sure I can handle this show. Gurneys, autopsies, scalpels, striker saws... Ack!
 
ThinkTank said:
No witnesses today
recessed at 11:00 until 9:00am tomorrow

Baez was going to call Dr. William Rodriguez but Ashton told the Judge he needed more time to review Dr. R's deposition transcript from Saturday, and time to prepare for cross examination.

Ashton said Dr. R prepared to state opinion which he is not qualified to give: opinion that other people can't distinguish human decomp from other odors. This opinion was not in Dr R's original Report.

Then Baez wanted to call Defense expert Mr. Richard Eiklenbloom - but Ashton said there is nothing in his Report, so Ashton did not do a deposition with him, with no info.

Ashton said Mr. Eiklenbloom showed up at my office yesterday afternoon [Sunday] w/o depo, had no report and I just got a 2 page report and 45 slide PP presentation yesterday [Sunday]

Ashton said he will prepare another Sanctions package against Baez for this deliberate violation of the court order.

Ashton said he will take a deposition of Mr. Eiklenbloom on Tuesday at 5:00pm.

The Judge reviewed his previous Orders regarding expert witnesses, from Dec 10, 2010 and Jan 6, 2011.
Judge granted State request to defer testimony of Dr. Wm Rodriguez.
Judge said he will deal with the Sanctions issue after the trial is over.
Judge said the Florida Bar may get involved when the trial is over.

Judge said if there are repeated violations of his Orders, then exclusion of the witness testimony may be the proper remedy if it continues.

Judge said Wednesday will be a short trial day.

Defense said Dr. Rodriguez was first witness - second witness was Richard Eiklenbloom - third witness was a woman they were trying to get. She never arrived.

Judge told all attorneys to be in court at 8:30am every morning from now on.

Judge said we would go all day on Saturday [not stop at 1:00].

Judge said by stipulation between Defense and State court is in recess until 9:00am tomorrow morning.
Click to expand...

But wasn't Ashton informed of Eikenbloom way beforehand for him to take a deposition?
 
allycat1208 said:
Did JA not dispose the witness that was supposed to show up today ever? Also, was he supposed to do a deposition of this deposition this past weekend after the witness had just sent him some information?
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There was a huge huge blowup about this back in December and January.

The long and short of it. Florida is a reciprocal discovery state. Both sides are supposed to know what the other is bringing to court. There can be no "Perry Mason" surprise witnesses or moments in Florida. JB and ICA signed on to the reciprocal discovery early in the process. That meant that they had a legal obligation to provide the state with a certain amount of defense discovery. Such as some reasonably detailed information as to what their expert witnesses would be testifying to. They had a deadline to provide this. It was in November. They missed it. HHJP pushed it back to December. They missed it again. Pushed back even further into December they missed it and then tried to cover by filing some complete and utter BS. In the end JB just provided a handwritten single page summary of his defense experts. Stuff Like "Dr Lee will talk about forensic stuff".

Now both sides are supposed to be able to ask reasonably inteligent questions of the other sides experts. Part of the purpose of reciprocal discovery is to shorten the deposition process and lessen its costs and minimize the impact on all involved including the experts. Providing the basic info up front allows the opposing council to frame the needed questions regarding the witnesses area of expertise and expected testimony without having to interogate them under oath for their resume and such. It's a good system. JB repeatedly blew it off.

Finally after blown delay and lie after blown delay and lie (it was obvious that JB at that time still had no idea who he was going to call and really had no idea on any of his experts, and was just trying for delay after delay much like his clients begging for "just 1 more day"), JA requested sanctions from the judge. HHJP came down on all like a ton of bricks. He wrote an order mandating that for any and all expert witnesses, reports were to be provided. If an opinion was not in the report or was not stated at deposition the witness would not be saying it at trial. It was a very very clear cut order. It gave the defense 2 more weeks to get reports from all of their witnesses. HHJP had had it with the game playing and the delays.

JB blew the next deadline and only provided the above scrawled notes. he ended up facing a contempt hearing and got fined and a complete dressing down. The sort of dressing down from a judge that would have any more ethically sound or intelligent attorney rethinking their career choice and that maybe real estate or bikini sales would be the better option after all. In JB's case the message was seemingly lost.

So now with that order in place, and after a few other scuffles on this subject during the Frye hearings we find ourselves at Saturday and today. First JA discovers that Dr. Rodriguez who I believe is the defenses forensic pathologist, is about to testify about duct tape. Something that is not in any of his reports, he has never been deposed on, and he has not been presented as an expert on. (Note the defense had also previously tried to add "expert on cadaver dogs" to Dr. Rodriguez's skill set simply because he had seen the dogs used a few times. That got shot down in the Frye hearings. By all appearences Dr. Rodriguez is JB's "will say whatever you want about any subject for money" go to guy.). JA brought this up on Saturday asking for the sanctions to be looked at again. HHJP shut down the witness until the state could at least depose them on the subject, and has scheduled yet another contempt hearing for JB as soon as the trial ends. (and HHJP was FURIOUS).

Which brings us to today. Today we discover through JA that another defense expert, Dr. Eikenbloom, the DNA guy(maybe, no one knows for certain) for whom he had a roughly 2 sentence report on record, came up to him after Saturdays hearing expecting to be deposed on the spot, and provided him with a more lengthy report and a powerpoint presentation that the good doctor expected to use in testimony today. Needless to see JA sent him packing. he did not have even the basic info needed to consider starting a deposition, and to just pop one up with no notice like that and months past any deadlines for doing so was beyond rude and disrespectful and into criminal.

At this point HHJP is in something of an incandescent white hot rage. But is keeping things seemingly calm in order to preserve the integrity of the trial for the defendant, in spite of her attorney now deliberately violating court orders at least 4 times in an effort to be Matlock.

Does that sum it up any?
 
The motion to quash thing submitted earlier today was Vasco's lawyer.

Apparently the guy has been called for a depo sometime this week

--watching JVM--
 
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