Defense Witness List

[AZlawyer]

Would this be why JB did not want any reports submitted by the experts? He was obligated to turn over the reports within 15 days of receipt. But what about "statements" from the experts. Surely they discussed with JB their findings. Is he claiming "work product" on statements reported to him by the experts during their examination of the evidence??? Or is it that the statements had to also be in written form? And surely JB did not tell the experts not to advise him of their findings but to "Surprise" him at the trial?????

JB would only have to turn over statements of experts that were written down or recorded in some way. I'm quite sure he's received/requested oral "statements."

 

[beach]

I thought he was saying they could use a subpoena duces tecum to get the documents from the experts at the same time as the depositions were taken. I think the reason HHJP ordered the SA to use that method rather than just ordering production of the documents is that the Florida Rules of Criminal Procedure provide a very short list of things the defendant has to produce, and expert contracts are not on the list.

Rule 3.220(d)(1)(B):

(B) Within 15 days after receipt of the prosecutor’s Discovery Exhibit the defendant shall serve a written Discovery Exhibit which shall disclose to and permit the prosecutor to inspect, copy, test, and photograph the following information and material that is in the defendant’s possession or control:

(i) the statement of any person listed in subdivision (d)(1)(A), other than that of the defendant;

(ii) reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; and

(iii) any tangible papers or objects that the defendant intends to use in the
hearing or trial.

http://www.cobblawfirm.com/Rules_Discovery.htm

Good gracious! Talk about restrictions! Might as well tie JA's hands behind his back and blindfold him, too. Basically, he gets NOTHING before the depo. No need to even issue a request for production. I don't like the way they do things down there. lol Those are going to be some loooooong, grueling depos.

When he DOES get to review the contract and depose each one, I am sure the amount paid will differ from the amount agreed upon, especially since she has been declared indigent. No $ to pay the ungodly fees they require for testifying at trial. I think JB is worried about the money trail becoming public. People are going to start balancing and trying to figure out where that $275K was spent. I know if I lived in FL I would be demanding to know.

Thanks for that link. Interesting!

 

[ZsaZsa]

JB would only have to turn over statements of experts that were written down or recorded in some way. I'm quite sure he's received/requested oral "statements."

Isn't that splitting hairs, to state in Court that there are NO reports,which is ridiculous, since we all know that the experts are compelled to document their findings ?

 

[LambChop]

When JA sends out his subpoena's he will have to ask that all the information be provided prior to the deposition, contracts, reports, notes, etc., and possibly information on what they are expected to testify to since JB did not supply that information with his listing of experts. JA will get what he needs but I think he was concerned about the amount of time left to complete these depositions.

Obviously if JB had important expert witness information to give to SA they would have had it by now so JA would know that JB's client is indeed innocent of the crimes she is being charged with. It would be refreshing if JB would just once take something serious. jmo

 

[RR0004]

JB would only have to turn over statements of experts that were written down or recorded in some way. I'm quite sure he's received/requested oral "statements."

So when the experts went to examine the evidence at the special location stipulated by the judge...which even included a room for the defense and their experts IIRC...are we to believe that they (the experts) didn't take any notes?

 

[LambChop]

So when the experts went to examine the evidence at the special location stipulated by the judge...which even included a room for the defense and their experts IIRC...are we to believe that they (the experts) didn't take any notes?

Maybe just a simple comment to JB said it all. "You're in deep doodies, my friend." No notes required. jmo

 

[AZlawyer]

Isn't that splitting hairs, to state in Court that there are NO reports,which is ridiculous, since we all know that the experts are compelled to document their findings ?

So when the experts went to examine the evidence at the special location stipulated by the judge...which even included a room for the defense and their experts IIRC...are we to believe that they (the experts) didn't take any notes?

There are 3 kinds of writings we are talking about here:

1. Reports. JB says there are none and this is perfectly possible. Draft expert reports might very well be treated as work product in Florida, although I haven't researched this, in which case "no reports" might mean simply "no final reports."

2. Statements. It is possible that the experts have also avoided putting anything in writing about their conclusions short of a "report," although IMO even an email to JB "got your DNA results but you won't be happy--call me" would qualify as a "statement." On the other hand, a "statement" like this might also qualify as work product, depending on how the Florida courts have ruled on these issues.

3. Notes. JB was ordered to turn over expert "notes" that are not work product. IMO this means JB will have to turn over notes and recordings made by experts or their staff to document their observations, but will probably not have to turn over notes made by experts or their staff to document their opinions (this would be more like a draft report and therefore probably work product). There is no question such notes exist, at least as to the experts who examined evidence.

Keep in mind that some of JB's experts will not be presenting their own "findings," but rather criticizing the findings of the State's experts. There is no need to take notes of observations or create a written report for this purpose. The expert could just take the State's expert report and write work-product notes on it (e.g., "What an idiot. This is all wrong.")

 

[Jomo]

So when the experts went to examine the evidence at the special location stipulated by the judge...which even included a room for the defense and their experts IIRC...are we to believe that they (the experts) didn't take any notes?

Didn't someone say that Dr. Lee had an assistant following him around and writing notes. I think those would be included in the things that JB has to turn over. I believe that viewing was videotaped too so if Dr. Lee wants to try to state that no notes were taken, JA has video proof otherwise. I'm sure JA has a pretty good idea of who has to turn over what.

 

[ThinkTank]

THANK YOU MUZIKMAN!!!

12/03/2010 ....Notice of Taking Depositions Via Skype/Webex
State taking deposition via Skype of Dr. Jane Bock in Colorado - Defense Expert - Botanist - depo set for December 21, 2010

 

[ThinkTank]

Defense Expert Witnesses

Deadline for State to take Depositions of Defense Experts and Penalty Phase Witnesses is Feb 28, 2011.

Dec. 14, 2010 - Defense must file Expert info on Dr. Bock and Dr. Fairgrieve
Dec. 23, 2010 - Defense must file Expert info on all other Experts

State depositions taken, and not taken as of December 13, 2010
1) Jane Bock - Colorado - Botany - depo via Skype Dec 21, 2010
2) Richard Eikelenboom - Netherlands - DNA - no State depo
3) Scott Fairgrieve - Canada - depo via Skype Dec 16, 2010
Forensic Anthropologist/Pathologist / dog scent issues
4) Michael Freeman - Oregon - Epidemiologist - no State depo
5) Kenneth Furton - West Palm Bch, FL - Chemist - no State depo
6) Tim Huntington - Nebraska - Entomology - depo via Skype Dec 28, 2010
7) Henry Lee - Connecticut - no State depo
8 Dr. John Leeson - Winter Springs, FL - Digital Forensics - Computer - no depo
9) Dr. Barry Logan - Willow Grove, PA - Chemist - DNA exam shorts, laundry bag - no depo
10) Michael O'Kelly - Nebraska - cell towers and cell phones - no depo
11) Dr. Kathy Reichs - North Carolina - Anthropology exam on Caylee - no depo
12) Dr. William Rodriguez - Maryland - Anthropologist - Taphonomy - no depo
13) Dr. Werner Spitz - Michigan - Forensic Pathology - second autopsy on
Caylee - no depo

 

[Intermezzo]

http://www.wesh.com/caseyanthony/26118760/detail.html

Meanwhile, photos taken of a second autopsy on Caylee Anthony's remains have been turned over by the defense to prosecutors in the case.

The autopsy was performed on Caylee's remains by defense expert Werner Spitz. The photos were placed on a DVD and given to the prosecution.

------------------------------------------------------------------------

Casey signed an agreement in October 2008 to participate in reciprocal discovery.
And now almost 2 years after Dr Spitz did the autopsy the Defense has finally handed over some discovery,

IMO Judge Perry's latest Order that he has Granted the States Motion has something to do with it...
http://www.ninthcircuit.org/news/Hi...iance With Order For additional Discovery.pdf

 

[ExpectingUnicorns]

http://www.wesh.com/caseyanthony/26118760/detail.html

Meanwhile, photos taken of a second autopsy on Caylee Anthony's remains have been turned over by the defense to prosecutors in the case.

The autopsy was performed on Caylee's remains by defense expert Werner Spitz. The photos were placed on a DVD and given to the prosecution.

------------------------------------------------------------------------

Casey signed an agreement in October 2008 to participate in reciprocal discovery.
And now almost 2 years after Dr Spitz did the autopsy the Defense has finally handed over some discovery,

IMO Judge Perry's latest Order that he has Granted the States Motion has something to do with it...
http://www.ninthcircuit.org/news/Hi...iance With Order For additional Discovery.pdf

Something is rattling around in my head about the defense team, access to evidence and secure networks (even though JB's experts aren't tech-savvy). Are/Were these DVD photos allowed?

 

[nums24]

Something is rattling around in my head about the defense team, access to evidence and secure networks (even though JB's experts aren't tech-savvy). Are/Were these DVD photos allowed?

These are the photos that were ordered to be kept sealed and when the defense turned over, it indicated they were under seal. Thanks to MuzikMan for getting this:

http://www.docstoc.com/docs/66479953/12102010-Defense-Notice-of-Supplemental-Discovery

 

[AZlawyer]

I saw in the news thread that the defense filed an amended witness list. I wonder if this is the one that narrows down the expert witness list to just the people who actually plan to testify lol?

 

[sumbunny]

I saw in the news thread that the defense filed an amended witness list. I wonder if this is the one that narrows down the expert witness list to just the people who actually plan to testify lol?

I know right?!!! The link on the todays news thread only directs to the front page of the orange county clerks office.

I reallly really really want to see that amended list!!!

 

[ThinkTank]

I know right?!!! The link on the todays news thread only directs to the front page of the orange county clerks office.

I reallly really really want to see that amended list!!!

MuzikMan will get it for us .....

 

[Aedrys]

I saw in the news thread that the defense filed an amended witness list. I wonder if this is the one that narrows down the expert witness list to just the people who actually plan to testify lol?

Maybe it's such a small list, they're too embarrassed to have it released, lol.

 

[sassy_texasbelle2]

I saw in the news thread that the defense filed an amended witness list. I wonder if this is the one that narrows down the expert witness list to just the people who actually plan to testify lol?

Is it legal to turn in a blank sheet of paper? :waitasec:

 

[ThinkTank]

I saw in the news thread that the defense filed an amended witness list. I wonder if this is the one that narrows down the expert witness list to just the people who actually plan to testify lol?

It cannot be any new Experts added (Deadline has passed) .... so, it must be a change in address for the Experts, or a removal of names from the Witness List!!! In some way the previous Defense Witness List has been changed/"Amended".

 

[ynotdivein]

Weren't there two that they had to file by tomorrow?