2011.06.30 TRIAL Day Thirty-two (Afternoon Session)

[OnlineInstructor]

The jury will NOT sniff her trunk-in-a-can. IMO They don't need to. This is a win for the jury.

 

[ZsaZsa]

I assume they are going to talk about possible perjury and obstruction charges and to advice her to take the 5th.

HHJP said earlier if she takes the 5th then all of her testimony will be stricken!:great:

 

[Beyond Belief]

I absolutely agree with the judge.

 

[newsjunkie]

Do you think ICA is texting? who, CA?

http://media2.myfoxorlando.com/live/casey_cam_shell.html

KC is reading something in her lap. Every once in a while you can see her lift a page to turn it.

I don't think that if KC were texting someone in that court room wouldn't have brought it to JP's attention already. JMHO

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

I think she has been reading or writing on something in her lap EVERY TIME she has been suspected of texting.

 

[Snaz]

Maybe the State has extra cans... and they have tested them periodically to see if the smell is still there....

 

[JSR]

My gut tells me Cindy is up to something. She would not leave otherwise.....

Of for sure she is. CA is spinning her newest lie in her head as we type.

 

[cluciano63]

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

All of them are likely to know what issues might arise, IMO...

 

[gngr~snap]

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.

Take them on a field trip to see the car and open the trunk.
~ Easy...

 

[JoeFromLB]

the smell stuff scares me a bit because some people have stronger sense of smell than others and some are more sensitive to smell than others.

A friend of mine had a problem with nasal polyps. She lost her sense of smell and taste as a result.

They would have to make sure that every juror had a normal sense of smell, I would think.

 

[liltexans]

KBelichWFTV Kathi Belich, WFTV
In one case allowed a jury to replicate a demonstration.. But if jury would smell the can are they witnesses?
1 minute ago

KBelichWFTV Kathi Belich, WFTV
Cases call it jury experimentation
2 minutes ago

KBelichWFTV Kathi Belich, WFTV
Chief Judge is talking about Florida cases where issue came up
3 minutes ago

KBelichWFTV Kathi Belich, WFTV
Baez is fighting really hard to keep out the smell.. Even though they argue it comes from garbage in Casey's trunk.. Casey's laying low
5 minutes ago

 

[GreenTeam]

I think I agree with HHJB, no smelling.

 

[shezcrafti]

There you have it, folks. HHJP is not going to allow the "cans of death" to be smelled by the jury.

 

[pipkins]

Bill Sheaffer: Question came in, will the jury be able to smell the can in the jury room during deliberations? The answer.. no.

2:50

KBelichWFTV: He believe it would violate Casey's rights [via Twitter]

 

[KariKae]

OMG - Jose is winning one.

I think Judge Perry is right on this one.

 

[Kat]

Perry ruling against it.

 

[gitana1]

maybe a lawyer on the board can answer this: wouldn't the jury be able to do that during deliberations if they asked, since the cans are in evidence? TIA

Unless instructed not to, yes, they can.

O/T wouldn't it be nice if you could sign up somewhere for a text alert when the jury makes a decision?

You can sign up for tweets and they can come in on your phone if you have a blackberry or other such device.

IMO we don't need or want the cans in.... this could be an appeal issue. HHJP needs to deny this. The state won't lose anything not having the cans in. MOO

The state is not asking for the jury to smell the cans, really. They are asking for the judge to allow testimony that the smell in the cans would be less intense than earlier, in case they do and in case the judge allowed them to.

But it sounds like the judge will not allow them to smell the cans, so he won't lest testimony about the fainter smell now, in.

 

[GiantPickle]

:worms:

They don't need it and it is too risky.

 

[JustMeDeb]

I think the SA's evidence is strong enough without the smell can.

 

[angelmom]

Does anyone else think that maybe JA doesn't really want the cans opened, but he is enjoying scaring the crap out of JB...and also hoping it gives him better odds with HHJP on the next argument?

 

[texaslb218]

Ahhh, ICA looked up when the judge mentioned her name! Imagine that.