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.
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.
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:
