2011.06.21 Sidebar Thread (Trial Day Twenty-four)

[Niner]

I didn't catch the Trial thread while it was open to post these pictures I've captured so far in today's testimony - so I'll post them here!These are photos of crime scene.

 

[LambChop]

Anyone understand what HHJP is referring to about the burden shifting?

It's suppose to be the State with the burden, not defense.

 

[Florida Native]

So, you have to wonder what effect it will have on the jury now that Rodriguez will not be called back by the defense. I'd love to see the SA call him in rebuttal...lol.

I figured that Rodriguez wouldn't have been too happy with JB after JB tried to blame him for the lack of report. But to actually have him say in depo he agrees body was there since June/July. :floorlaugh: There are no words.

 

[Aedrys]

So are we in a short recess or recess until tomorrow? Geez, I'm so bored, I'm getting work done to keep myself awake!

 

[BigFatMommyDog]

I think I'm lost! Is this where we're supposed to be?

you're in the right place - we'll get a magic worm hole back to the trial thread when they resume - watch for worm sign!

 

[nursebeeme]

Burden of proof shifting? What the heck does that mean? HHJP looked po'd.

the DT took on proof of burden unnecessarily with their opening statement and now with all their "extra info" from their experts.

hhjp said sometimes it is better to say a little than too much (paraphrased)

 

[Linda7NJ]

Bottom line. This is not a "who done it case" either she drowned or Caylee died at the hands of Casey It is NOT a DNA case. IMO

Prosecution needs to stop chasing red herrings and focus

 

[Niner]

some more pictures...

 

[21merc7]

So are we in a short recess or recess until tomorrow? Geez, I'm so bored, I'm getting work done to keep myself awake!

20 min recess

 

[Turnadot]

So are we in a short recess or recess until tomorrow? Geez, I'm so bored, I'm getting work done to keep myself awake!

I think HHJP said 20 minutes.

 

[strach304]

It's suppose to be the State with the burden, not defense.

I know. Is HHjp indicating the defense now has the burden? I'm lost.

 

[logicalgirl]

I think HHJP was trying to warn Mr. Baez that he is entering dangerous ground and he should not go there - he ended by saying some things are better left unsaid or left alone and he was looking directly at Mr. Baez.
I gather he was trying to shift blame and it was about to be dumped on the Defence Team for something else they failed to do.

 

[reasonable]

Anyone understand what HHJP is referring to about the burden shifting?

OK, this is complicated, but here is what I think the issue is:

The defense does not have to prove anything (As CM frequently points out). So JA wanted the judge to "take judicial notice" (tell the jury) that JB got to send evidence to a US lab and chose not to send the duct tape. BUT that would imply (or might lead the jury to believe) that the defense had a burden to prove stuff and just chose not to. And they have no burden. And it is big error to imply they do. So JA is bascially screwed unless the judge can figure out a way to correct the mistaken impression JB left with the jury without making them think that the defense had to do anything with the evidence in terms of testing.

whew!!! I tried.


edited to add: And JB is kind of implying to the jury that he TRIED to prove something but was not allowed to. And that is dangerous for him because that might make the jury think that he HAS to prove anything.

 

[Broderick]

Jb is so much like Casey. Can never take responsibility, and it is always someone else's fault. They are a dream team those two - never do wrong. The ole victim buddies.

 

[Turnadot]

Bottom line. This is not a "who done it case" either she drowned or Caylee died at the hands of Casey It is NOT a DNA case. IMO

Prosecution needs to stop chasing red herrings and focus

What do you think specifically they should do differently? I'm a little worried she'll only get manslaughter.

 

[Aedrys]

I know. Is HHjp indicating the defense now has the burden? I'm lost.

I'm confused too. Baez seems to think the burden of proof on the state means the state is responsible for doing his case for him. I don't think that's how it works. The SA never had any intention of bringing up DNA in this trial, which isn't about DNA! Shouldn't the burden be on Baez for bringing it in the first place? I am very confused unless the state is supposed to be a mindreader on top of everything else.

 

[Liz]

There are a bunch of people In hallway including Det. Melich and state FBI witness. #CaseyAnthony -jfell

by cfnews13casey via twitter at 12:09 PM

 

[MaryAnn]

some more pictures...

they are all sleeping

 

[Mendara]

OK, this is complicated, but here is what I think the issue is:

The defense does not have to prove anything (As CM frequently points out). So JA wanted the judge to "take judicial notice" (tell the jury) that JB got to send evidence to a US lab and chose not to send the duct tape. BUT that would imply (or might lead the jury to believe) that the defense had a burden to prove stuff and just chose not to. And they have no burden. And it is big error to imply they do. So JA is bascially screwed unless the judge can figure out a way to correct the mistaken impression JB left with the jury without making them think that the defense had to do anything with the evidence in terms of testing.

whew!!! I tried.

You nailed it on the head.

 

[laserdisc10]

I think HHJP was trying to warn Mr. Baez that he is entering dangerous ground and he should not go there - he ended by saying some things are better left unsaid or left alone and he was looking directly at Mr. Baez.
I gather he was trying to shift blame and it was about to be dumped on the Defence Team for something else they failed to do.

To the best of my awareness, JB stated to the witness (and to the jury) that the State had prevented via objection, the testing of the tape

at which point JA immediately and assertively objected

Unbelievable what JB will stoop to. Because although the remark might be struck out, JB knows full well that it remains forever in the memories of the jury, who may well decide there's no smoke without fire. Dirty pool. JB is beneath contempt, imo -- but he'd regard that as a compliment