Drew Peterson's Trial *FIFTH WEEK* part one

[Kimster]

In Session Dr. DiMaio has been qualified as an expert in “maybe two thirds of states, plus the Canadian government, Israel, South Africa, and Colombia.” He’s also testified in U.S. federal courts. He is then tendered as an expert in forensic pathology. The State waives cross-examination, and so DiMaio is qualified as an expert witness.

Oh wow! The state waives cross-examination? :what:

What does that mean????????????

 

[katydid23]

DiMaio says he's reviewed materials pertinent to Savio case: photos, autopsy reports, docs' records, interviews, letters, testimony...

 

[katydid23]

Oh wow! The state waives cross-examination? :what:

What does that mean????????????

No, I think they mean they wave cross only in terms of his being accepted as an expert witness.

 

[Jackson44]

In Session The witness goes over the numerous material that he’s reviewed in the case of Kathleen Savio’s death (including the reports of Drs. Blum, Case, Baden, Jentzen, and Daniel Spitz). “Have you been able to come to a conclusion concerning . . .” The attorneys approach the bench for a sidebar.

 

[katydid23]

DiMaio "I concluded that the death was an accident, due to slipping in the bathtub, and striking the back of the head...

"This stunned Ms. Savio or rendered her unconscious. She slipped under the water and she drowned."

[ is this in conflict with Jennings, who said she hit her hip first and then her head?]

 

[lonetraveler]

Oh wow! The state waives cross-examination? :what:

What does that mean????????????

My guess is that the state is not challenging his qualifications as an expert.

 

[katydid23]

DiMaio: There were no signs of a struggle....

[ this ticks me off that the judge called the 'choke hold' testimony not relevant...]

 

[katydid23]

Di Maio: Savio's injuries are the pattern of a fall, not an assault...

[ how about a push or being thrown into the tub instead of falling? same pattern I would think..]

 

[AbbieNormal]

There's nothing noble going on here, no desire to do the right thing and lock up bad guys. Expert witnesses get hired to support the premises of the side in litigation that hires them, and expert witnesses get paid for their testimony. Some get paid very well. Dr. Vincent DiMaio, expert witness for the defense in the 2007 Phil Spector murder case in Los Angeles, California, admitted on the witness stand to earning $400 per hour for his services, (People v. Spector, 2007). The expert witness who can't or won't support the premises of the side that retains him is the consulting expert. The consulting expert is paid for review work and an initial, informal report. If the report goes against the client, the expert is put on a back burner. The consulting expert's conclusions are a work product, so they are protected from disclosure to the other side in discovery. The consulting expert can't be retained by the other side. Disagreeable results remain confidential, and the consulting expert stays, for the most part, anonymous.



http://www.theforensicexaminer.com/archive/spring09/14/

Wow, that whole link was a very, very enlightening read.

abbie:moo:

 

[Jackson44]

In Session The sidebar ends. Dr. DiMaio: “I concluded that the death was an accident, due to slipping in the bathtub and hitting the back of the head. This stunned Ms. Savio or rendered her unconscious. She slipped under the water, and she drowned.” “Did she have a pattern of injuries?” “Yes . . . they’re consistent with the pattern of injuries one would see if one fell on the left side of one’s body. They’re the injuries consistent with a fall and striking one’s head on a hard surface.” “Did you see any signs of a struggle?” “No, Sir . . . these injuries were up and down the left side of the body . . .those you see when see when somebody falls on their side, not with an assault. The injuries are of a fall, not an assault, the pattern of injuries.” “Is there any evidence at all about a struggle or an assault?” “You can look at any one injury and give multiple explanations. What you’re looking for is a pattern of injuries . . . the pattern of injuries are up and down the left side of the body, the left side of the back of the head. And this is the pattern of a fall, not of assault.”

 

[katydid23]

Defense witness pathologist Dr DiMaio "This was an accident,she slipped, hit her head, fell underwater and drowned"..

[ then how did she end up with DRIED blood onher head and face?]

 

[katydid23]

DiMaio: Nothing unusual about placement of Savio's toes. "It's just pure chance how the toes are."..

[ oh really? Do bodies fall where they may by CHANCE?']

 

[Jackson44]

In Session The witness is shown a photograph of the victim in her bathtub. “Is there anything unusual about the way she’s lying in that tub?” “No . . . you have a slick surface, which is going to be covered with water. And you have somebody who is longer than the tub. So when you fall into the tub . . . the sides tend to guide the body down into this position; the water will also help this movement. So this position in the tub is not unusual . . . you tend to slide down into this position. And obviously the tub is shorter than she is tall.” “Is there anything unusual about her toes?” “No . . . she’s too tall for the tub. So what’s happening is the body is just shifting into this position. It’s just pure chance this is how the toes are.”

 

[LambChop]

Defense witness pathologist Dr DiMaio "This was an accident,she slipped, hit her head, fell underwater and drowned"..

[ then how did she end up with DRIED blood onher head and face?]

BBM: That is the part that makes in inconsistent with an accident. jmo

 

[fifteen89]

No adult accidentally drowns in a tub that size unless they're on some serious drugs (which we know is not the case with Kathleen).

How does the defense claim it happened? She dove right in head first, causing the gash on her head and then has the strength to drag the rest of her body into the tub and get into a fetal position?

IT MAKES NO SENSE!

Maybe they think she got a running start in the hallway.

Or she went to the front door to lock the deadbolt, somehow forgot to lock it and got her running start taking the stars 2 at a time, dashing down the hallway into the bedroom and jumped from the doorway to the bathroom.

Makes about as much sense as what this guy said when you look at her injuries.

Sorry, I can't get past the two deadbolts that weren't locked. She wouldn't install them and not use them.

 

[katydid23]

Di Maio: people who die in a bathtub tend to slide into a position like Savio did...

DiMaio on Savio body position: "you have a slick surface, covered with water, you have somebody who is longer than the tub.."

witness DiMaio says "people fall different ways" and you "don't always splay."

 

[Jackson44]

In Session “When someone falls in a bathtub, would this be considered an uncontrollable fall?” “Yes, because you don’t intend to fall in a bathtub. And obviously you’ve lost control if you fall.” “Dr. Blum has opined to this jury that this is a homicide. And one of the key factors that he cites is that she is not splayed and sprawled in the tub. Do you agree or disagree?’ “I would disagree. She’s fallen, hit the left side of her head, the left side of her body, and so she’s going in sideways. And you don’t always splay. People fall different ways; it depends on how your weight is. Your arms aren’t always going to go in the same position.”

 

[katydid23]

DiMaio: "...so when you fall into the tub...the sides of the tub, tend to guide the body down.." #DrewPeterson

DiMaio believes Savio fell as she was getting out of the tub. "People fall in different ways." .. People "don't always splay" arms, legs.

 

[katydid23]

#DrewPeterson DiMaio "(Savio) slipped as a result of a combo of a slick bathtub--no bathmat there..A lot of women's chemicals contain oil"....

[ NO bathmat there...good point. lol Why not I wonder?]

 

[Kimster]

My guess is that the state is not challenging his qualifications as an expert.

:doh: I totally read that wrong! Thank you for calling me down off the cliff. :hot: