Evidence subject to Frye - *UPDATED* 2011.05.09 (ATTN: ALL ORDERS IN!)

[katydid23]

I think he'll let the air sample testimony in at trial. Even if the court of appeal finds that it's admission is in error--that would not automatically result in a reversal of any conviction. Since it is merely corroboration of other admissible evidence that there was a decomposing body in the car, it's highly unlikely the appellate court would reverse based on the admission of the air sample--the law simple does not support a reversal in such an instance.

That is all true. But this particular technology has never been admitted into a trial before so that in itself puts a lot of pressure on the judge's decision.

And it is more than just a corroboration of the body in the trunk. It is also evidence of a high index of chloroform in the trunk, which gives support to the Capital Murder charge. Without the air sample I think the jury might lean more towards an accidental death scenario.[ Even with the duct tape. ]

I HOPE it is admissable, but I think there are some issues with it. imoo

 

[TiaM]

bbm

I think he may keep the air sample out of the trial. I think it makes for an automatic appeal and gives the defense too much potential ammunition. But I think there is enough evidence without it so we will be okay. And maybe it will be better in the end if the jury does not get bogged down into too much scientific baggage and boring arguments back and forth.
It may be better just to focus on the 31 days and the duct tape and the stain and the odor in the trunk. Oh, and the party pics and the tattoo. AND the Blockbuster video.
To me it comes down to the 16th of June. Casey had custody and possession of her toddler. She was seen with her that very afternoon. Then she is seen on a date in the early evening WITHOUT her child. It is up to her to explain to the jury where the child was at that time. Where was Caylee while you were on a movie date with TL? It is a very simple question and she has not answered it truthfully yet.

I want the air samples in.

I want them in because I think they dispel any possibility the DT can come up with for any kind of "accidental death".

I think the SA has enough without them, and I think they can make the argument about how ridiculous the DT "alternate theory" is, but I want them in because it will shoot that last tire out from under them.

 

[katydid23]

I want the air samples in.

I want them in because I think they dispel any possibility the DT can come up with for any kind of "accidental death".

I think the SA has enough without them, and I think they can make the argument about how ridiculous the DT "alternate theory" is, but I want them in because it will shoot that last tire out from under them.

OH, I want them in too. I am just not sure they will be admitted. There are some problems. Vass not allowing anyone to know the exact list of chemicals in his table is problematic, imo. And it is new and not proven by experience yet.

I HOPE it is admitted, but I am getting myself ready for it to be denied, just in case.

 

[twomanywords]

What would be so ironic, is if one of the A's cleaned with lots of chloroform to hide the smell in the trunk, and KC never used it. In their attempt to save her , they actually put that "final nail in her coffin."
Either way an A goes down

Also, I'm not convinced that chloroform removes decomp smells
JMO

 

[strawberry]

Valhall's latest comments - on the stain in the car.
http://www.thehinkymeter.com/2011/04/22/caylee-anthony-case-stain-in/

Baez babbling about bananas...:floorlaugh::great:

 

[RR0004]

Secret just = 'Work Product' doesn't it? I bet the people who make fabreze wouldn't give the DT a complete recipe to brew up a batch either.
Science doesn't exist solely to serve the judicial system unfortunately. It exists to prove truths that can't be manipulated by lawyers, even ones focused on the single grain of sand at the expense of the beach worth of data that must be examined and understood. :innocent:
Stricter peer review? Wow, that's pretty insulting and arrogant RH IMHO. Ethics plays a huge role in what Dr Vass and his peers do.
Criminal Defense on the other hand?? Not so much.............
but we love you anyway. :seeya:

Brilliant post!!

 

[TimesPast]

OH, I want them in too. I am just not sure they will be admitted. There are some problems. Vass not allowing anyone to know the exact list of chemicals in his table is problematic, imo. And it is new and not proven by experience yet.

I HOPE it is admitted, but I am getting myself ready for it to be denied, just in case.

I hope it will be admitted also - but what I would really like is for the "correspondence" from Mr baez (written by Ms Sims)to be mentioned in the ruling. The defense tried to talk it back at the hearing, but will the Judge consider it for his ruling?

 

[logicalgirl]

I hope it will be admitted also - but what I would really like is for the "correspondence" from Mr baez (written by Ms Sims)to be mentioned in the ruling. The defense tried to talk it back at the hearing, but will the Judge consider it for his ruling?

No, he didn't because it was an opinion rather than testimony from an expert.
Sort of a "so and so thinks such and such" kind of thing. HHJP was having none of that when they were there to hear expert testimony only.

 

[strach304]

I think he'll let the air sample testimony in at trial. Even if the court of appeal finds that it's admission is in error--that would not automatically result in a reversal of any conviction. Since it is merely corroboration of other admissible evidence that there was a decomposing body in the car, it's highly unlikely the appellate court would reverse based on the admission of the air sample--the law simple does not support a reversal in such an instance.

Pretty sure it would have to be determined whether that evidence admitted would affect the verdict leading to a different decision had it not been admitted. Am I right? That's what I've been telling myself while we wait for JP's decisions.

 

[MAMABEAR]

no worries. :hug:

You could be right, i really just don't think he got them all done and filed them. When i look at hhjp's schedule and all that man does in addition to the anthony case, i wonder how he manages to ever sleep. He is one busy man.

r maybe he wants to let dt down slowly. Lol they may not be able to handle 2 much at a time.

I think hhjp has handled jb very nicely--kinda even guiding the boy along the right way to do thangs. So maybe he has compassion.

 

[Amil]

The sun will come out tomorrow, just you wait and see - tomorrow there'll be sun!!! and HHJP's responses! The air sample .....please let it be admitted, Dr.Voss was so brilliant!!!!

 

[LambChop]

So what happened. Nothing today???? Anyone know?

 

[logicalgirl]

So what happened. Nothing today???? Anyone know?

:waiting:

 

[Aedrys]

I guess no rulings today, dangit! Anyone contact any of the new stations?

 

[LolaMoon08]

:waitasec: This is agony!

 

[WhyaDuck?]

Let's not bother any of the news stations, please. Of, if you do, let's not announce it.

 

[Softail]

I just checked the docket, there were only JAC responses.

:waiting:

 

[sleutherontheside]

Let's not bother any of the news stations, please. Of, if you do, let's not announce it.

I agree...and just because it hasn't been filed with the clerk....doesn't mean that both sides don't already know what's coming.

This close to jury selection....perhaps it is being kept hush hush from the media.

Just a thought.

 

[wenwe4]

Did HHBP say he would be notifying both sides of his rulings by 4/21 or he would rule on them by that date or he would file his rulings by that date?

 

[Aedrys]

Did HHBP say he would be notifying both sides of his rulings by 4/21 or he would rule on them by that date or he would file his rulings by that date?

I don't know, but I could swear he said at the latest by 4/28. But I could also be off of my rocker. Anyone know the exact date he said he would rule by?