2011.06.30 TRIAL Day Thirty-two (Afternoon Session)

[strawberry]

I don't care if the cans come in or not...I'm just glad CAs work records did.

 

[Sleuth5]

Casey GLARED at our Judge Perry earlier. I'm wondering if there is anyone left on her "good people" list.

The only person Casey loves is the one she sees in the mirror. Believe that.

:cow:

 

[Versailles]

Not every juror (and maybe none of them) know what human composition smells like. So if one or two jurors say "that smells like a dead body to me" then they are witnessing to the other jurors. I think that's what the judge is getting at. Sure, it stinks, but it it probative?

If its considered experimental and likly to cause mistrial, I think he shouldn't allow it.

 

[artbuc]

Opening that can is WAAAAYYY too risky!

 

[Florida Native]

No, not during rebuttal. During SK fine, but not rebuttal.

I just called to make sure my kids and Mom were ok and to be sure our electricity didn't go out (I am recording today's testimony.) Is that wrong? :shush::giggle:

 

[concentric]

What about the carpet with the smell in it? Isn't that evidence?

 

[logicalgirl]

Arghhh. I had to take a phone call and my WESH feed is out!

Can someone please tell me the outcome re: CA's phone records coming in. TIA

That makes two of us - have been scrambling around for a live feed I could tolerate. Can't figure out why my new version of Firefox even has plugins, never mind where I should disable them. Something about it isn't same old same old.

Making me crazy - missed the whole CA argument....:banghead:

 

[JSR]

Can some one tell me how the Judge has court cases so quickly about the situation. Does he know before hand?

HHJP seems to be a walking talking dictionary of case law. He's pretty amazing.

 

[sorrell skye]

Trust me, you DON'T want to smell the evidence. Take somebody's word for it.


PEEEEEEEEEE-U would be a gross understatement.

I'm one of those annoying people that hold to the adage of "seeing is believing".

In this case, it would be "smelling is believing".

My partner used to teach cadaver anatomy @ a medical school. When he came home after teaching, the smell on his clothes caused me to retch, so he had to change clothes before he came home.

I think the jury should be able to smell the cans. The smell has been introduced as evidence. If the jurors are to believe the expert witness testimony, I think they should be allowed to decide for themselves whether or not the smell is something that would cause them to "jump back".

 

[bobloblaw]

It might, what if there was a juror who refused to sniff?

Or, like I said earlier, what if one or more of the jurors has no sense of smell? Could cause major appellit issues...

 

[cityslick]

Sit down Mr. Ashton

 

[Wishbone]

Why is ICA allowed to text? I have never seen any defendant do that in court before.

she's reading something. I saw her turn the page.....

 

[Stella5]

A juror can't be a witness...

Exactly!!! A trial jurist cannot, a grand jurist on the other hand could smell the cans and ask questions of witnesses. This is a big line that needs not be crossed in this case to protect the integrity of the verdict. MOO

 

[tragco]

I don't think HHJP will allow the cans to be smelled if the jury asks, but I could swear I read on the attorney thread that nobody can prevent them from opening the cans on their own. Is that right?

 

[Themis]

We don't know that all the jurors has a working sense of smell. Some people don't have it. Some might be on medication. Some might not have the experience to know what decomp smells like. HHJP needs to kill this request and have them move on. Skip the cans and go forward.

 

[Ssejors]

The jury does not need to smell the cans. I think they have more than enough evidence already. moo 'Jurors should not be witnesses.' Judge Perry

HOWEVER, they do need to decide WHAT to do if the jury DOES indeed WANT to smell the evidence.

They have the right to review the evidence.

 

[JBounds]

Why is Casey allowed to text? If that is what she is doing. She's an inmate and shouldn't be able to do that.

 

[JustMeDeb]

Preface by saying, not trying to bash JB, just cannot find other wording.

If JB could present his argument without the snark and whining, he might be heard.

 

[raysgirl1126]

Does anyone else find this extremly boring? I'm lost............ Can we get to the good stuff already? Closing arguements please! Monday is my birthday and oh what a nice birthday present a verdict would be.

 

[greycoupon]

All the case citations are great. I am now picturing a sponge left in someone's eye. ouchhhhhh.