mombomb
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- Sep 22, 2008
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10:29 - No jury
HHJBP - I've reviewed the Matao (sp) case - a 2006 decision of the Second District Court of Appeals dealing with the issue of the theory of defense. Mr. Baez, your theory was that this was an accidental drowning that your client's behavior subsequent to the drowning was caused by long term sexual abuse of ICA at the hands of her father and brother. Correct?
JB -Among other things.
Among other thinks like what? Because that's the only thing you said in your opening statement. I've reviewed the case and those cited within it and all of these things - the Matao case had to do with issues of police retaliating. In Matao the state had agreed to stip to a tape - where the witness who was going to predicate the tape became ill and couldn't show up, so the state semi-reneged on their promise and interjected and objection of relevancy. As long as the evidence is relevant and admissible - so what is your theory of defense, because you cannot use the broad blanket of theory of defense to get anything and everything in. The only thing I can base it on is what you said in your opening statement. That's why I admitted the photos of Caylee climbing up the steps into the pool, Now if your theory is every changing, maybe you just simply need to tell me your theory.
CM - May we approach the sidebar your Honor?
HHJBP - Yes.
SIDEBAR# 5 (10:30-
HHJBP - I've reviewed the Matao (sp) case - a 2006 decision of the Second District Court of Appeals dealing with the issue of the theory of defense. Mr. Baez, your theory was that this was an accidental drowning that your client's behavior subsequent to the drowning was caused by long term sexual abuse of ICA at the hands of her father and brother. Correct?
JB -Among other things.
Among other thinks like what? Because that's the only thing you said in your opening statement. I've reviewed the case and those cited within it and all of these things - the Matao case had to do with issues of police retaliating. In Matao the state had agreed to stip to a tape - where the witness who was going to predicate the tape became ill and couldn't show up, so the state semi-reneged on their promise and interjected and objection of relevancy. As long as the evidence is relevant and admissible - so what is your theory of defense, because you cannot use the broad blanket of theory of defense to get anything and everything in. The only thing I can base it on is what you said in your opening statement. That's why I admitted the photos of Caylee climbing up the steps into the pool, Now if your theory is every changing, maybe you just simply need to tell me your theory.
CM - May we approach the sidebar your Honor?
HHJBP - Yes.
SIDEBAR# 5 (10:30-
