2011.06.20 Sidebar Thread (Trial Day Twenty-three)

[MissJames]

Baez said Saturday .. Ashton said it was Sunday, Father's Day ... Ashton was probably in the office instead of with his family because of the BS Jose pulled on Saturday and the 2 hour depo Ashton had to do of Rodrigues ...
Jose makes it sound like Ashton was supposed to be staffed and ready just in case ? and that Ashton was supposed to do it without Baez ? or Burdick ?
I believe Ashton didn't get Eikelenboom's report and 45 page powerpoint until today ... not sure if that's because Ashton "told him to go away" Sunday ...
Unbelievable ... huh?

JB said after JA refused (snort) to do a depo he instructed RE to complete a report and anything he would be using to testify.
That was done in a few hours,and JB sent it over (faxed or e-mailed) to JA(Sunday evening/night).I don't think JA saw it until this morning.JMO
ETA ,JB acts like he did a great favor to the State for doing all this Sat/Sun,too,even though it was court ordered in Dec.

 

[katydid23]

Unlike Baez, I don't think JA (or any of the Prosecution Team, for that matter) is afraid of hard work. Quite the contrary. I think he's dedicated to the job and, more specifically, dedicated to see that Caylee Marie's murderer is put where she rightfully belongs. In order to do that, he needs to be armed with as much information as possible. That includes getting the pertinent information from the DT, which he's entitled to, in a timely manner. He has and will continue to put in as much work as is humanly possible and necessary to get the job done. IMO, as always.

I think it is a strategic decision and I will try and explain it. This is just my experience from when I worked in my fathers law office.

If Baez does not fully disclose what his expert is going to say, then it leaves Ashton at a real disadvantage if he does a deposition. That report that Ashton held up was a half a page in length. So that would be about a 10 minute deposition.

Obviously that makes no sense in terms of time, and resources of the state. But more than that, it would force the state to ask more questions which would in effect tip off the defense and give the defense even more information about where they should go case wise. In other words, by not putting anything of their own, discovery wise , in their expert report, they force the state to fill in the blanks with their own questions, in any deposition they would have.

I may not have explained to too well, but the main point is, the DT tried to put one over on the state by NOT having all of their experts do full reports. The state did not take the bait and only deposed the experts who wrote real, fleshed out informative opinion based reports.

If the state had deposed everyone they would have showed their own hand prematurely in an unfair way, imo.

 

[Talina]

I have to wonder what the expert witnesses think of all this. I suppose Dr. Rodriguez will be first up tomorrow. I'm almost afraid to tune in,but don't think I can look away : (

I want Ashton to ask Dr. Rodriquez, the unpaid consultant as he was so quick to say on the record, is he still being paid by the federal government (military payroll) while he is working as an expert witness for this case. He's been in Orlando for how long that we know of? at least since Thursday of last week (IMO) because he said on the stand Saturday morning that he'd had dinner with Baez two nights ago.

 

[Niner]

We are all entitled to our opinions. I fought for that concept in Vietnam in the 101ST Airborne. So I respect your opinion. But please explain what is "fair" about this. In this case endless money is being spent on the prosecution and defense cases. In all areas. Yet the most minimal amount is spent on "ordinary" indigent people's" cases. Most $$$broke people go to jail because of a lack of proper lawyers representation. Or do you think the jails incredible imbalance of very small numbers of white rich people being in jail is just a flute. In relation to poor ethnic minorities. A statically abnormality of sorts.

:tyou: Schu7

 

[bayouland]

I don't understand why JA didn't just accept the 1/2 page report from the expert, then object when JB started to question him e.g. "Objection Your Honor, witness's opinion is not in submitted report" (or whatever is the appropriate legal objection.

Why did he make more work for himself?

My gut tells me that if JA isn't really careful about these witnesses, then the nurse will testify on behalf of ICA about the cause and effect of her alleged "sexual abuse".

ICA is the only person that should be able to testify about her "abuse" and the defense knows that would be a disaster. SA's are way too smart to not see through JB's game and are cutting him off at his knees.

 

[Leila]

I see no indication he is upset with both sides. The only side being threatened with sanctions is the DT so far. The prosecution finished their Case in Chief AHEAD OF TIME. They brought their witnesses in quickly and did their questioning promptly, with no big issues or problems. They had one problem with color vs black and white photos so the judge kept the photos out. I did not see the state cry and moan about it. They sucked it up and moved on.

The judge is angry at the DT, very angry. He is angry about their unfair sliming of Vasco and Baez will be sorry about that fiasco, imo. And he is angry that the last 3 experts discussed opinions with Baez that Baez did not pass on to the state. That was a clear attempt to sandbag and blindside the prosecution. It is pathetic behavior and I hope he is sanctioned harshly in the end.

I highly doubt that Ashton or Burdick will be fined or sanctioned at that time.
Ashton does get called out for raising his voice or acting impatient, but he has not fallen to the depths of Baez'z behavior, imo.

My impression is that the DT is clearly in the wrong and it's the DT that the judge is very angry with. But if he constantly goes after the DT it will have the appearance of the judge having a bias against the DT. So, as we saw today, he included JA in his comments making a general reference to the ongoing "battle" between JB and JA. But even though he included JA in his general comments, it's JB and only JB, that he's threatened with sanctions. HHBP has indicated he's considering referring this case to the Florida Bar Association after the trial concludes.

I think it's safe to say that when this trial is over, Jeff Ashton will remain a highly respected prosecuting attorney for the state. But, Jose Baez is likely to lose his license to practice law.

 

[allycat1208]

To all of you interested if you can remember them, post me any funny lines by Dr. Spitz. I can't think of a funnier witness or even a funny witness at all besides Spitz. I hope Dr. Spitz reads this because I appreciate some humor in a trial.

 

[Nana46]

I just saw that...She had HUGE bodyguards, I wonder in her demented mind if she thought/thinks she's some type of rockstar?:sick:

Oh and it went on and on...for months...she would spend all day at her attorneys office doing ahem "research.." Okay.

 

[MissJames]

I would be furious. They're wasting my time and making me look like an utter fool in front of millions of people, and associating my name with their antics. These experts come across bad here, but many of them are people who have worked hard their whole lives and really should not have been dragged or allowed themselves to be dragged into this mess.

I hope they make formal complaints of their own. Can you imagine being questioned by the Judge,asking,"were you told there was a Court order to include all the opinions you will be testifying to,in your report?"
I wish HH had done that with Dr.H. :giggle:

 

[FX Wiz]

Its amazing how very many lives Casey Anthony ruins. Every single person she comes in contact with their lives are ruined. She is ruining Baez's life. She is ruining C. Mason's life by taking his distinguished career and making him look like a buffoon at the end of it. I think Baez is going to be out a ton of money and maybe stuck in jail at the end of this case, maybe lose his license or be disbarred.

But Baez can't even see it. He will do anything to try and get her off and she just keeps on ruining people's lives and going her merry way. She really is a horror story. She has decimated her whole family.

And now the Morgan & Morgan firm who represents Zenaida Gonzales (sp?) who had her life turned upside down by ICA, (M&M took those scorching depos of GA & CA awhile ago) is representing Vasco Thompson, who is the latest victim to have his life dissrupted. Morgan says they will pursue something after this trial.

 

[ynotdivein]

We have a thread here for trial bloopers and funnies:

[ame="http://www.websleuths.com/forums/showthread.php?t=136547"]http://www.websleuths.com/forums/showthread.php?t=136547[/ame]

 

[tvjunkie]

Ashton did accept the 1/2 page report months ago. That is exactly why he never deposed him - there was no opinion rendered in that short report with which to form any intelligent questions to ask him.

It is UNHEARD OF to just drop by an attorney's office with a 2 page report and announce yourself immediately available for deposing. I have never heard of this and neither has Baez or anyone else. Who has a court reporter just hanging around their office on a Saturday? Baez knew this depo was never going to happen or else he would have been there with him. He would have wanted to attend the invis-depo.

This is the nuttiest case I have ever seen in my life.

See, this is what I did not understand when JB mentioned it this morning. I'm not a lawyer and am somewhat unfamiliar with the legal process, but wonder if it's common for the defense to "send" someone to the State Attorney's Office to be deposed.

 

[Phoebeb]

I just saw that...She had HUGE bodyguards, I wonder in her demented mind if she thought/thinks she's some type of rockstar?:sick:

Just like Lindsay Lohan... they both have the "Bella Vita" tattoo.:sick:

 

[allycat1208]

We have a thread here for trial bloopers and funnies:

http://www.websleuths.com/forums/showthread.php?t=136547

Thanks! I think we need one just for Dr. Spitz!

 

[MissJames]

I think it is a strategic decision and I will try and explain it. This is just my experience from when I worked in my fathers law office.

If Baez does not fully disclose what his expert is going to say, then it leaves Ashton at a real disadvantage if he does a deposition. That report that Ashton held up was a half a page in length. So that would be about a 10 minute deposition.

Obviously that makes no sense in terms of time, and resources of the state. But more than that, it would force the state to ask more questions which would in effect tip off the defense and give the defense even more information about where they should go case wise. In other words, by not putting anything of their own, discovery wise , in their expert report, they force the state to fill in the blanks with their own questions, in any deposition they would have.

I may not have explained to too well, but the main point is, the DT tried to put one over on the state by NOT having all of their experts do full reports. The state did not take the bait and only deposed the experts who wrote real, fleshed out informative opinion based reports.

If the state had deposed everyone they would have showed their own hand prematurely in an unfair way, imo.

You :rocker:

I knew the State would be at a disadvantage becuase,if something came up the DTE could say "I was never asked" .I think we've heard that at hearings.
JB loves to say" But Your Honor ,the State had their chance to ask anything :innocent:"
This adds a whole new layer to the DT's reasoning. Thank you!

 

[beach]

And now the Morgan & Morgan firm who represents Zenaida Gonzales (sp?) who had her life turned upside down by ICA, (M&M took those scorching depos of GA & CA awhile ago) is representing Vasco Thompson, who is the latest victim to have his life dissrupted. Morgan says they will pursue something after this trial.

Have you got a link to this? It is not that I doubt you but I just saw Vasco and his attorney interviewed on JVM tonight and they said they had not yet made a decision about seeking punitive damages. (His attorney was not affliliated with Morgan & Morgan.)

I'm confused.

 

[joedotnet]

I admit it...I suck at finding things here...well and at home too. Can someone point me to Kronk's deposition? Thanks so much!

 

[MissJames]

See, this is what I did not understand when JB mentioned it this morning. I'm not a lawyer and am somewhat unfamiliar with the legal process, but wonder if it's common for the defense to "send" someone to the State Attorney's Office to be deposed.

:noooo:
NOOOOOOOOO! Not common,not heard of and just not done!

Even for JB,this is beyond the pale.

HHJP has got to be wondering what he's going to do with this team.

:shakehead:

 

[Phoebeb]

I admit it...I suck at finding things here...well and at home too. Can someone point me to Kronk's deposition? Thanks so much!

Me too! I can never use the searches and find anything. I have better luck googling the subject and usually websleths is one of the choices.:rocker:

 

[beach]

See, this is what I did not understand when JB mentioned it this morning. I'm not a lawyer and am somewhat unfamiliar with the legal process, but wonder if it's common for the defense to "send" someone to the State Attorney's Office to be deposed.

No, it is not only not common, it is NEVER done.

When you get ready to depose someone, it takes a bit of scheduling and planning. You have to secure a place to hold the depo, you have to schedule a court reporter and you often have other attorneys present, who also must schedule it according to their calendars.

This was a slimy attempt to sandbag Jeff Ashton. Completely unethical.


Sadly, it still hurts the prosecution. Normally, you do depos months before and have time to review them...go over them with a fine tooth comb. Then you are able to exploit any inconsistencies and cast doubt about their credibility.