2011.06.25 Sidebar Thread (Trial Day Twenty-eight)

[symbolic]

I'm reading this as CM and ICA want JB to step down.

I think you may be right..
Sequence behind doors was.. 1st all, then just the DT, then all with KC again
Then the sealing of all of it. Seems to make sense.

 

[21merc7]

So let me give this straight.....Caylee drowns in family pool and it takes Lee two yrs to realize Caylee is really dead......WTH??? Makes no sense to me at all.

Cindy says the same thing.

Denial?

Maybe b/c they did not actually "see" Caylee they will in their grief look for Caylee forever?

 

[Socprof]

I went back and watched the video of what little bit of proceedings we had this morning and was caught by the following. Video Here: http://www.youtube.com/user/weshtv?feature=chclk#p/l/XZ_qhfMF2oM

JA again has to bring attention to another possible discovery infraction by JB
JB accuses judge and SA of fabricating issues, says enough is enough, the DT is not willing to go into these issues, then begins to backslide into "Well we'll tailor the testimony to only include what was in the depo, take out slides, yada yada yada" HHJP basically says, I'll look at the documentation and decide for myself. Mason then begins mumbling about something requiring a sidebar and JUST AS he begins to speak into the mic, the asst attys on DT hands JB this document he just walked in with. JB seems to be distracted and begins reading in earnest.

All attys walk to sidebar. Watch what happens from the 20:37 mark.
Mason begins to speak to HHJP, JB interrupts him with hand gestures, Mason's reaction is something like 'whoa there sonnie, let me deal with this'.
Mason begins to speak again, but JB starts pulling back, taps Mason on the back, then asks for a brief moment alone with Mason.

Mason concurs, JB & Mason step away. Look at HHJP's facial expressions. SA turns away to try and keep from looking at each other and falling apart (my opinion) JA stands there nodding his head up and down like "yea yea yea yea knew this was gonna happen"
Mason and JB step back up to sidebar, Mason begins speaking again.
He then begins to present something to HHJP, HHJP says "fine, ok" and they all walk away.

The DT all walks directly into the holding area with ICA, whereupon a conversation about some serious subject begins. The courtroom (Kathy B reports) can hear Mason's raised voice at his team. They return, another convo takes place, all gods children go into chambers with HHJP. During this one of the junior attys tells ICA they need to go back into the holding area, ICA tries to put her off so she can read the live transcript of what is going on in chambers, but junior atty will not be put off and ICA is marched back into holding for a convo (putting some documentation together?) with junior atty.

All god's children come back and we are in recess.

Jean C reported this morning that she was told during her CM interview that he and JB would be 'splitting' the examinations. That didn't happen and now she has been told that CM will be much more involved in dealing with the witnesses from here on out.

My comments (sorry so long guys) is this - JB has *advertiser censored***D up discovery to the point that CM's reputation is now taking a hit (in CM's mind if not in reality) and he's not going to sit back any longer and let JB bring him down along with this pointless defense.

I think we have either an attorney in trouble, or we have a witness in trouble - both of which could directly impact a lawyer's reputation/license. I really think JB has done something, or ignored something that was done, to his team's detriment. Man I hope this does not turn into a mistrial.

The other thing I saw and I've read one tweet but cannot find it now, is that JA returned the copies of the slide show to JB, and I guess they have decided not to use it at all. I think it was KB, but am still looking. That would have been the 'flying saucer' document discussed below this post.

Excellent post! Really supports the theory that CM is leaving the team, particularly given JB's call to Beth Karas at HLN claiming he is qualified to try a DP case. Cheney is lead attorney on this case; not Baez. Perhaps there is a clash regarding strategy between the two, and CM has had enough of this circus. :slapfight: Gah!

 

[logicalgirl]

Yesterday CM asked for the court to consider a mistrial. Today CM asks for a sidebar without the jury present. Could a mistrial issue come about because the judge has stated he will deal with a defense contempt of court issue when the trial is over which may appear to CM as a bias issue?

It is a bias issue alright - the trouble is it is biased towards the defense. That mistrial had some sanctions attached to the SA and HHJP said fine but we aren't stopping the trial to deal with them now.

 

[sleutherontheside]

Yesterday CM asked for the court to consider a mistrial. Today CM asks for a sidebar without the jury present. Could a mistrial issue come about because the judge has stated he will deal with a defense contempt of court issue when the trial is over which may appear to CM as a bias issue?

It would be a bias in favor of the defense would it not?

If HHJP were to proceed with contempt proceedings it would most certainly create an appeal issue...hence he has chosen to wait until after the trial.

Additionally, he hasn't decided to begin contempt proceedings only stated he is considering them. He has effectively used it as a way to keep JB in line, though after today we see it's made no impression.

 

[SyraKelly]

Would the state not be represented during a discussion of mistrial?

no the SA would have to be there for that conversation.

 

[SCWldneart]

What ever it was it has to threaten the whole case or it would have went on as scheduled.

Which falls right in line with what I'm thinking:
The way I'm understanding all of this is that CM has to be there because he is the only one who is DP qualified. JB only agreed with the understanding the he (JB) would be the LEAD attorney. CM might be threatening to step down as a means to get JB to agree to let him take over the lead. Didn't they all go to CM's office to discuss things? Why CM's office rather than JB's?

 

[cluciano63]

I think you may be right..
Sequence behind doors was.. 1st all, then just the DT, then all with KC again
Then the sealing of all of it. Seems to make sense.

And yet CM is the one who "goofed" yesterday, allowing in the bit about Casey stealing her mom's credit cards, etc...

 

[GetSmart]

With everyone talking about state vs defense, Do you recall when then last incident happen in regards to State filing sanctions on Baez remember JP saying something like I do not wish to punish Ms Anthony or maybe at another point he said the defendant? I believe that is why she had to go in chambers ect,, and why she was animated coming thru that doorway upon re-entering court room ...JMO

 

[logicalgirl]

Excellent post! Really supports the theory that CM is leaving the team, particularly given JB's call to Beth Karas at HLN claiming he is qualified to try a DP case. Cheney is lead attorney on this case; not Baez. Perhaps there is a clash regarding strategy between the two, and CM has had enough of this circus. :slapfight: Gah!

Baez is Lead Attorney and calls all the of shots. HHJP has said that a number of times in court. Because he is not death qualified, he has to have a death qualified lawyer in his "second chair" or on the team.

Just like LDB is Lead Attorney in this trial. They both are obviously qualified but she is the one chosen as Lead. I suspect between the two of them they flipped a coin or something to decided - but this is Baez's case and he IS lead attorney.

 

[GennyMac]

And this policy is to ensure no DOD secrets about procedures or policy are shared. Something tells me this employee is already in trouble regardless of his testimony. Not only that he said he co-founded The Body Farm which he did not. The defense is trying to twist this I think.

Agreed - and can't you just hear the raucous laughter in the JACs office when they get the 'witness tampering' accusations? I mean does he really think this type of 'hype' will be tolerated at this level?

A witness actually testifies to credentials he DOES NOT HAVE and by the way - credentials that anyone could confirm by a single email or phone call to The Body Farm ! I cannot believe that these witnesses weren't vetted.........

Spitz was just painful to watch at cross by JA - wasn't provided nearly enough info by DT and clearly having serious memory problems.
Bock was equally painful, she actually seemed confused about where she was at one point - didn't have near the info she should have had and JA chewed her up

Poor HHJP must have a tongue just mangled from having to chew on it instead of saying what he wants to - I have such a sense of respect for him - not like many of the other judges I've known.

 

[Tuffy]

But there were lots of other witnesses waiting...I just don't see losing an entire day at this point over one witness issue unless it was an issue that could upend the case...

Yep, IMO, whatever this issue is, it is something that needs to be sorted out before anything else happens in this trial. Something that prevents anything from progressing. Something major.

It would be way out of character for Judge Perry to cancel court for the entire day, over a minor issue.

 

[Mare10]

When is hornsby supposed to talk with VinnieP ?

I saw it in a tweet earlier but thought he said 2, guess not

And i thought it was MN who said he was meeting with Vinnie and said something like I'll see you at 2. oh IDK:waitasec:

 

[Bon]

Cindy says the same thing.

Denial?

Maybe b/c they did not actually "see" Caylee they will in their grief look for Caylee forever?

Not to be insensitive but they both smelled the trunk of Casey's car, they knew Caylee was dead.........

 

[SCWldneart]

And yet CM is the one who "goofed" yesterday, allowing in the bit about Casey stealing her mom's credit cards, etc...

But CM isn't the one who is facing contempt charges.

 

[Socprof]

I think you may be right..
Sequence behind doors was.. 1st all, then just the DT, then all with KC again
Then the sealing of all of it. Seems to make sense.

Oh wow. CM and ICA asking Baez to leave the team? Hadn't thought of that. Also fits with JB's phone call to Beth Karas at HLN assuring her that he is qualified to try DP cases. This is all too much drama for me, folks. Sheesh. :truce:

 

[tehcloser]

Would the state not be represented during a discussion of mistrial?

IDK. You would think. But whatever this is was apparently between the DT and ICA and perhaps the Judge just needed time to figure out what "it" would do to the trial and oh, IDK. I go in circles.......:floorlaugh: I'll just stick with my first thought, I think it's over. Don't know why I think that, but it was just what hit me as it was going on. :banghead:

 

[Niner]

Week 5:

6/20, Monday, Day 23: 1 (No testimony – Defense had no witnesses show up!)

6/21, Tuesday, Day 24: 6 (Testimony from: J. Welch (CSI)/ Dr. Jane Bock (Forensics Botanist)/Mr. Eikelenbloom (DNA Scientist)/Yuri Melich (Lead Det)/ Dr. M. Wise (Research Scientist-Analytical Chemistry)
- Total Objections: 95

6/22, Wednesday, Day 25: 7 (Testimony from: M. Bottrell (FBI Trace Evid-Geologist)/ M. Montgomery (FBI-Forensic Toxicologist)/ Dr. M. Sigman (Univ Centrl Fla-Chemistry Prof)/ S. Marus (OSCO-CS Suprvr)/ Dr. M Rickenbach (FBI-For. Chemist)/K. Korsbere-Lowe (FBI-Hair & Fiber Anal)
- Total Objections: 17

6/23, Thursday, Day 26: 10 (Testimony from: S. Mears (OSCO CS Spr)/S. Shaw/ Dr. B. Logan (Natl Forensics-For Toxicologist)/J. Welch (CSI)/Cindy A.)/S. Osborn (Det/Computer For Exam.)/ Sgt K. Stenger (Computer Fore Exam.) And Pro-Offer from: Agent N. Savage & Agent E. Martin (FBI)
- Total Objections – 84 *note 37 objections & 6 sidebars for Dr. B. Logan only!

6/24, Friday, Day 27: 13 (Testimony from: Cindy A./Lee A./Cindy (again)/Office B. Eberlin/Corp. Edwards/Linda Tinelli/Yuri Melich
- Total Objections: 79 (Total objections while Cindy & Lee on stand: 63)

6/25, Saturday, Day 28: 2 No testimony – trial postponed until Monday, 6/27th @ 8:30am


Total Sidebars for week 5: 39

Grand Total for trial: 214

 

[Schu7]

I noticed the prosecution did not go after Cindy's first of her lies in the trial yesterday. When the prosecution brought in the hair evidence. There Cindy claimed IN GREAT DETIAL how her hair was long back at the time of the murder. And it could and probably was her hair found in the truck of the car. Gee yesterday there is Cindy with her even shorter hair than now out in the pool with Caylee. Nailing to hair down to Caylee is important. So why not get rid of Cindy as a possible source right there? Casey's hair is brown. That would leave it only as Caylee, as the possible source. As for Cindy and her long lair lie, well find a picture of her in long hair. Good luck on that impossible search.

 

[logicalgirl]

I haven't read up yet so I'm not sure what the general speculation is, but I just watched the tape and I'm inclined to think it's that CM is getting out. I have local sources that say that CM may be pretty ill and he certainly didn't look good at the beginning of the session. He was the one that initated the meeting and the first group to meet was the judge and the entire DT including ICA. Then they all came out and CM stood and talked to the SA team in a circle. ICA looked upset when she sat down and briefly wiped her eyes (as if she was frushtrated?) and then they all went back in to meet together, DT and SA together. Then the attorneys stayed in while ICA sat outside with DS. She did not look upset, but she didn't look happy. After the meeting, JB and DS were talking to each other over ICA and ICA leaned back to talk to CM. When court was adjourned, DS went over to talk to JA and LDB right before the footage fades. After the meetings, CM basically looked disengaged in other words. If indeed he is ill and the pace of this trial is proving too much or his doctor told him he cannot continue, it may have thrown a wrench in how the DT will close or even perhaps if and how they maintain their DP qualified status. (On a side note, some TH's were talking this morning about how odd it was that JB, who is not DP qualified, had put in so much mug time when he has perfectly DP qualified attorneys on his team. At the time I thought it was perhaps yet another sleazy ploy for an appeal for a mistrial or could be set by the defendant as an appealable issue later in that the bulk of direct and cross had been done by someone eminently inexperienced. But perhaps it was simply because CM has not felt very well for the last few weeks.) Just a thought. I really didn't get the picture that ICA was entering a plea. And if she were, would she have really sat outside looking mildly upset and bored for the meeting between HHJP and the state and her DT?

Why would he be heard yelling in their behind closed doors meeting with the Judge if that is the case? Not doubting your assessment cause you are usually right on, but somehow I think HHJP would be very sympathetic about that..