2011.06.28 TRIAL Day Thirty (Morning Session)

[cloud9]

sigh - just getting here.

If he weren't trying to pull such a dirty trick, if CM had a top hat and cane, I'd expect him to break out in a rendition of "Puttin' on the Ritz"

:floorlaugh::floorlaugh::floorlaugh:

 

[CarrieBean]

Why is CM acting like this witness is so important to have on the stand?

Because "Caylee wasn't there" when JJ searched the area. Her body was put there later.

Not

 

[Hopeful One]

I'm late getting in and so confused. Who was on the stand?? What's going on? Can someone help?

It makes things worse that I keep getting dropped from WS because there are so many people online - I'm having trouble catching up!!!

 

[pinkfly]

JJ lawyer present too

 

[MEM2010]

JJ did not have to invoke his 5th ad. right

 

[Eidetic]

KBelichWFTVKathi Belich, WFTV
Defense wants to ask Jordan about how state promised him limited immunity over the recording.. In exchange for truthful testimony

1 minute ago

KBelichWFTVKathi Belich, WFTV
Burdick just told Baez something that got him riled up.. Possibly if you do this.. I will do that??????

2 minutes ago

 

[logicalgirl]

Ami - see pipkins quote just above you from Bill S. will answer your question.

 

[pinkfly]

He will tell jury to disregard statement but another cork that can’t be put back in....Jury has to think this is an awfully weak DEFENSE witness

they want JJ attorney to talk to him about decision

15 minute recess

 

[Mountain_Kat]

HHJP rules that he will instruct the jury to disregard witness statement about pleading the 5th. Defense can ask about the felony prosecution, but can not ask about the specifics of the charge...ie, can't ask about the tapping itself.

I think that's what I'm hearing.

 

[LiveLaughLuv]

What is the outcome? HHJP said what would have been "proper" - okay fine, but that didn't happen - so what is the outcome? They can or cannot talk about his recording?

His Honor is ruling now...he will instruct the jury about his last question/answer...DT cannot ask why he was given use immunity...

 

[Novice Seeker]

what did LDB inform the court she will do?

 

[reeseeva]

Hope Mr. CM remembers his words, regarding witnesses taking the stand, when the State puts on the IT expert from Gentiva....

 

[sleutherontheside]

LDB advises that the may DT may open some doors if they continue.

 

[mombomb]

SIDEBAR #2 (9:47-9:50)

Jury sent out at 9:53

Witness asked to step out.

(JJ apparently recorded some conversations with his attorney and others)

LDB - the objection I lodged was based on the propriety of CM eliciting the witness invoking the 5th in front of the jury.

CM - In his sworn stated in November where no defense lawyers were present LDB advised him he was given immunity for what he said and then they carried on and which they discussed with him that he had broken the law and he knew that he had broken the law. Illegal wiretapping.

CM - Regarding his September 28, 2009 recorded statement with Det. Edwards - page 34 - talking about acknowledging he had recorded the conversation and discussing how he did it. And you memorialized the statement in a recording you did surreptitiously, right? And on page 39 - I contact you and give you a recording done without his permission? You broke the law, don't break another without destroying it. Witness said "you know its not to your benefit to go after me". He has a right to talk to him about this. It goes to his credibility. He did not expect him to take the 5th amendment at this time; and, when LDB immunized him, he didn't really have a 5th amendment privilege.

HHJBP - anything else from the State?

LDB - only that CM was not demonstrating there was a change in testimony. CM had told her that he was not going to be asking him about the illegally recorded conversation. She maintains her objection.

CM - "You made a mistake, in my opinion the body was moved". His testimony is all in conflict.

HHJBP - was it represented to the State that there would be no questions involving him invoking his 5th amendment. That he decided to do it was a different story. He decided to do that.

LDB - there is no changed testimony. His suggestion is this is now why he is changing testimony is without merit. He told CM in depo that he made a mistake and he told the Jury that today also.

CM - He did not ask him about invoking his rights.

HHJBP - Davis vs. Alaska -

IF there is a pending criminal proceeding that goes to the issue of bias, then counsel can question on that. Unlawful interception - a felony of the 3rd degree. Alleged commission of crime? End of October 2009. He was granted use immunity of prosecution?

LDB - for his statement only.

HHJBP - Statute? 3 years? The proper procedure would have been to proffer the question to see if the witness would invoke his 5th amendment right then we could have dealt with that. It is fair game that this witness has been granted use immunity by the prosecution. It would have been up to the state as to whether to go into the details.

Mr. Mason what is your continued line of questioning? With his response, he would stop.

LDB - we are moving the response be stricken. But if he wants to ask him other question as it relates to bias, no objection.

LDB, CM and JB are having a conversation.

HHJBP: Page and line of his deposition where he invoked his 5th amendment right? Vol 1 was December, Vol 2 was Feb.

LDB - Vol 2, page 74, line 3 - Vol 1, page 8, line 27.

HHJBP - was he subpoenaed by the State or Defense today?

CM - Defense.

HHJBP - question asked "were you threatened with felony prosecution?" That question does not necessary elicit the response he gave of invoking his 5th amendment right. He could have answered yes or no and because he is not skilled, did the first thing that came to mind. Mr. Jordan's attorney - was your client given use immunity?

Attorney McClallen- for the recording, yes your honor, but not for his testimony today.

HHJBP - I will instruct the jury to disregard his last comment about the 5th amendment.

LDB - I will agree to offer him any use immunity for his testimony today. That will probably open up other doors.

HHJBP: Mr. McClallen - you might want to go out and talk to your client.

HHJBP - give the jury their special break and we will be in recess for at least 15 minutes.

(10:16)

 

[cloud9]

JA was there and then walked out. :floorlaugh:
Who could blame him?

 

[liltexans]

Judge will instruct jury to disregard the comment about 5th amendment rights. Now time for a special break #CaseyAnthony -jfell
by cfnews13casey via twitter at 9:16 AM

#CaseyAnthony Jordan's attorney in court..judge told him to go talk to Jordan and advise him what immunity Jordan has
by amandaoberwesh via twitter at 9:15 AM

Prosec now says she'll give #caseyanthony witness use immunity for other statements today too! More twists.
by abcashleigh via twitter at 9:15 AM

"It will probably open some other doors. When you shut one, you open many. "
by judgeperrysays via twitter at 9:15 AM

 

[Novice Seeker]

on the caseycam saw ICA questioning the officer who appeared to be explaining something about the proximity around ICA which ICA didn't appear happy with

 

[sunsetbeach]

Love it ... HHJP: When you shut one (door) you open many.

 

[chasing.halos]

Sidebar thread:

http://www.websleuths.com/forums/showthread.php?t=142166&page=12

 

[Serjen]

I didn't know it was illegal to record someone secretly...I wonder if he knew. Also, why not let this in? Didn't he say he recorded the Defense PI because he didn't trust them? Let the jury hear it