Henry Lee as a Defense Expert *Merged*

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The Defense ship is on the rocks taking on water fast and is sinking, some have intelligently moved on already, others are planning to abandon ship as we speak, some will go at the last minute ... some will ride the ship to the sea floor.

The only survivor will be AF who will continue to rise above the fray and be seen as a mitigation hero (by some) for having saved ICA from the DP.

This case was never about Guilt ... it is all about Sentencing. The rest is just a bizarre circus sideshow for some notorious media seeking egos.

I agree, cyberborg, except for the AF reference. ICA just may not escape the death penalty.

JMO
 
Casey Defense Wants More Time For Expert Reports
Defense Says One Expert's Report Is 'Moot'

Defense attorney Jose Baez also asked the court for an additional 45 days to comply with a court order for reports from two defense experts, Dr. Bill Rodriguez and Dr. Kathy Reichs.

Baez was fined by Judge Belvin Perry for not providing the reports in a timely manner. Perry said that any information that was not in the reports could not be presented at the trial.

http://www.wesh.com/r/26611777/detail.html

Read Motion: http://www.wesh.com/pdf/26611795/detail.html

Video Report:http://www.wesh.com/video/26611998/detail.html
 
Casey Defense Wants More Time For Expert Reports
Defense Says One Expert's Report Is 'Moot'



http://www.wesh.com/r/26611777/detail.html

Read Motion: http://www.wesh.com/pdf/26611795/detail.html

Video Report:http://www.wesh.com/video/26611998/detail.html

They can add new people at this stage?? What a load of crapola his motion is. Sounds like the defense team is stalking experts the way their PI's are stalking the searchers.
If I wasn't fuming I'd have to laugh at what Dr Spitz is waiting on to finish his autopsy report. $$$$$ maybe.
 
They can add new people at this stage?? What a load of crapola his motion is. Sounds like the defense team is stalking experts the way their PI's are stalking the searchers.
If I wasn't fuming I'd have to laugh at what Dr Spitz is waiting on to finish his autopsy report. $$$$$ maybe.

The taphonomy expert was never approved by HHJP or JAC. Now Dr. Crate of Oranges is not testifying, I hope HHJP makes him cough up his "moot" report!
 
"moot" huh. I know the word, but that is the most descriptive word they could come up with?

So Lee has bailed-I thought Reichs bailed early on...is JB talking about an earlier report she might have started?
 
Is criminalistics even a word?

Yes it is. But the worst part is it is someone who collects evidence from a crime scene. That's Dr. Lee's new job description since the Spector case. LOL
 
I guess we did get our answer as to whether Dr. Lee will be testifying or not at trial. From Cheney Mason's motion to reconsider the sanctions slapped on Jose Baez, we see the following (page 5, item c):
Dr. Henry Lee. The response with respect to Dr. Henry Lee was also in substantial compliance, however, the Defendant supplements same by adding the following: During Dr. Lee's examination of the Pontiac Sunfire automobile, with CSI investigators of the Orange County Sheriff's Department, he found approximately seventeen additional hairs that had been previously undiscovered in the trunk of said automobile. Dr. Lee pointed out the discovery of said seventeen hairs to Orange County Sheriff's Office CSI investigators, who collected them and sent them to the FBI crime laboratories for examination. (It should be noted that none of the seventeen hairs tested positive for any decomposition.) At the deposition of CSI Bloise, he acknowledged this discovery by Dr. Lee and the subsequent handling of said evidence.

As a result of CSI Bloise acknowledging, under oath in his deposition
testimony, that Dr. Lee did locate and point out said hairs, it is highly unlikely that Dr. Lee would be called upon or deemed necessary to testify in this case. It may further be noted that Dr. Lee had sought access to the recovery sight on December 12, 2008, he was thwarted in the ability to potentially learn and subsequently testify to any other criminalistics.


Now, Mr. Mason over-states Dr. Lee's contribution of the trunk examination. I think we have already determined that Dr. Lee found one hair in the trunk, and then he and CSI Bloise together found three hairs in the trash bag, and then after Dr. Lee left CSI Bloise found 13 additional hairs in the bag, attached to items such as a soda can. Hairs had previously been found in the bag, but attached to items of interest, namely the paper towels / napkins believed to have been used to clean the stain.

I would love to read specifically what CSI Bloise said in his deposition. But clearly, Dr. Lee has nothing of value to contribute to the defense, and therefore won't be at trial. :thumb:

"Highly unlikely"......just a few days ago.
Now they want to have it both ways....keep his name on the witness list and then say they don't have to hand over his report, it is now moot. I hope the judge just makes very short order of this and tells the defense it is one or the other, decide now. It is pretty obvious what Dr. Lee has opined is NOT helpful to the defense. Otherwise, of course they would need to keep him on the witness list in case SCI Boise verntures far afield from his depo testimony, they will need Dr. Lee for rebuttal.


Ooooooh this is good stuff. IMO!!

IMO, the obvious thing about the defense trying to silence the old and hire the new experts this late in the game is they are opinion shopping, which actually is not all that uncommon to consult with more than one, pick the one most favorable to your case and use them. The timing is the problem!! The truly offensive thing is not that they would consult more than one person, but that the evidence sat for nearly two years before the defesne EVER, EVER had their experts even begin. If they would have taken the state up on their repeated invitations to have the experts come to examine the evidence they would have been in a different state of their case. I know one thing for sure, these prosecutors will be reminding the judge of just exactly how incredibly deliberate the defense stalling and pinching pennies was. They never got started doing any work that I can see until after she was declared indigent. Two hundred and seventy five thousand dollars and the defense did not pay experts to get started. Do I have that correct?
Now they want more time when the trial is in just a few months.

I don't care if Kathy Reichs is half way across the world in the desert on a safari holiday, that is NOT why we do not have her report. She is a VERY wealthy woman with a full staff, both personal and professional. If she wanted to coopertate and get a report to the defense, she would. If she hasn't.......it is NOT because she is too busy. What the real reason is only our imagination can infer. As for the expert, Dr. Logan that wont return their calls.....well, he is just not that into you, Baez. The President of the United States has time to return phone calls. One can have an assistant call back,etc. If they are receiving no call back.....they need to take that for what it is, the brush off. Right?

The judge was very clear with Jose, that he is not buying that big ole bag of bs , that these elite professionals cannot prepare a report within a few days, he just flat out refused to give him thirty days. So now Jose's comeback is may we have 45?!!!!!!! Wow.

NO!

They've got nothing, they are drowning in quicksand, it is painfully obvious. I think the judge is going to tell him either he is on the defense witness list, hand over the report, or take him off the list, today by five, buddy. I hope so, this is outrageous!!
 
It appears that we know more about this defense than the defense team does....:floorlaugh:

MM called this days ago, TWA posted a video where Dr. Lee was preparing with another defense attorney for a case..in that vid, Dr. Lee stated, I'm here. If I agree with the state I no show up...Again, we read this like an open book....Dr. Lee has nothing of value to help this prisoners case. I do believe this prisoner is up that proverbial creek without a paddle...maybe we will see a plea change coming down the pike...JMHO

Justice for Caylee
 
I think everyone who has ever been on the defense team WITH THE EXCEPTION OF BAEZ was well aware a couple of years ago that Henry Lee was not going to play a role for the defense in this trial.

LDB even commented during a hearing that Lee still had not bothered to show up for his second day of review. I don't think Baez had much contact with Lee as he was too busy with his daughter setting up media appearances and wasn't around to physically hear Lee state in no uncertain terms "NOTHING HERE I CAN HELP YOU WITH!"

I think it was the same with Spitz and Reich as well as many others..

Baez has just never bothered to read the inner-defense team memo!

This is why AL and Linda Baden bailed.....they had nothing to work with (imo)!
 
The first time I saw him on TV discussing this case, I thought he was hinting he had found nothing that would help the defense. I remember in the gag order hearing Mr. Ashton pointing out to the judge that days after Lee examined the car, he was on Nancy Grace. Did the defense put the kabosh on that? NO. He went on again, after that!!!! At that point I knew for certain Mr. Ashton would tear him up at trial over the tv appearances and point out he just so happened to have a book out at the time, if the defense called him to the stand. Mr. Ashton could ask him about his pay too, during his book tour he was pro bono....Casey gets declared indigent for costs.....he starts billing. It would be suicide for the case to call him to the stand. Cheney Mason knows this even if Baez does not. Nevertheless....we are at the put up or shut up fork in the road...his name has to come off of their witness list. I know that Jose believes he can simply say, we changed out mind judge, now we do need him to testify...half way through the trial. I know this because in a exchange between he and one of the prosecutors in court ( I will find it ), something came up about a person being removed from the witness list and they were pinning him down, is that correct..he will not be testifying and Jose said something childish under his breath to the effect of...as of today....who knows if I'll change my mind tomorrow and maybe he will be. I remember thinking at the time, THAT is Jose's plan....exactly what the judge is guarding against....to ambush the prosecutors later with testimony they did not have time to look into in advance, the judge will put the kabosh on it, then Jose will claim Casey Anthony did not get a fair trial ;because, the judge did not allow her expert to testify. Wow.

http://www.wftv.com/video/26497700/index.html
I am very interested in the source everyone is mentioning about the consultants the defense have not listed as witnesses. I don't recall hearing Baez say he intends to call his consultants to testify as rebuttal witnesses. Can you post that link for me please? If he said that and he does not list the consultants as witnesses.......wow....that is the epitome of willful disobeying of the court's order and the well settled Florida rules of discovery. :floorlaugh:

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

December 15, 2008 Dr. Lee on the Nancy Grace show

Dr. Lee says he is indeed working Pro Bono:
"GRACE: Tonight, a stunning discovery allegedly of a trail of bones leading to a child`s skull. All of this just 15 homes away from grandparents George and Cindy`s home.

Straight out to special guest joining us right now, famed forensic pathologist Dr. Henry Lee. He is a forensic scientist and a consultant on the Anthony defense team. Dr. Lee, thank you for being with us. Dr. Lee, what have you heard regarding a trail of bones leading to the child`s skull?

DR. HENRY LEE, FORENSIC SCIENTIST, CONSULTANT TO DEFENSE TEAM: That`s the first time I heard. We were in Florida yesterday. However, as you know, the coroner (ph) did not judge (ph) did not prove that. So the other defense expert, we did not have chance to observe, nor examine anything.

GRACE: Dr. Henry Lee, everyone, famed forensic scientist, is on the Anthony defense team. Dr. Lee, you are saying the judge denied a particular motion. Was that to allow you and other defense experts on the scene while police were processing it?

LEE: Not exactly observe. Not really join examination. But many time, you know, like (ph) cases, most of time, they allow for defense expert to observe. Some of the time, we even join together, work on the searching (ph) of the remain or search of the trace evidence.

GRACE: To Sheryl McCollum joining us tonight, crime analyst and director of the cold case squad at Pine Lake Police Department. Sheryl, I find that highly unusual, that defense experts are at the initial processing of the scene? No way!

SHERYL MCCOLLUM, CRIME ANALYST: No way. With all due respect to Dr. Lee -- and I`ve trained under Dr. Lee -- no way are they going to be on my crime scene. They`re not necessary. They`re not needed.

GRACE: Back to Dr. Henry Lee, who, as you all know, is a famed forensic scientist on the Anthony defense team. Dr. Lee, I`ve just got to ask you, you know, tot mom Casey Anthony was siphoning gasoline from her family`s car to fill up her own tank. How the heck are you getting paid? I`m sure you`re costing a pretty penny. Dr. Lee does not come cheap.

LEE: No, we did not get any pay for that and for -- I`ll say, you know, this country, as you know, everybody entitled a defense. And many forensic experts, we do pro bono cases and that`s our obligation to our profession. As an expert, we look at evidence, doesn`t matter inculpatory, exculpatory, we report (ph) as it is. I don`t think should be labeled as a defense expert going to just for defense. Many time, found more evidence, inculpatory evidence, than the police found. There -- you know, case history, case example, many time we`re allowed to work on the case together. Many of my cases, I let the defense expert observe. It`s nothing wrong.

GRACE: So Dr. Lee...

LEE: Nothing unusual.

GRACE: Dr. Lee, are you telling me that you are working on the case pro bono, for free?

LEE: Yes."

My question is how common is this really for someone like Dr. Lee to work pro bono on a case that does not have publicity?

--------------------------------------------------------------------------------
 
One thing Dr. Lee would have to admit on the stand which would be very, very damning. The trunk reaked of decomposition. There is no way he could not testify that the smell he detected was pizza because he would be lying under oath. jmo
 
The taphonomy expert was never approved by HHJP or JAC. Now Dr. Crate of Oranges is not testifying, I hope HHJP makes him cough up his "moot" report!

Since Judge Perry Denied this expert Without Prejudice did Baez ever request a Rogers Hearing?

Baez was supposed to request a Rogers hearing in regards to the Taphonomy Expert..Judge Perry said in the Order that the expert may appear via video conferencing


http://www.ninthcircuit.org/news/Hi...& Procedures for Future Motions 5-12-2010.pdf
 
So..... Is Dr Lee STILL listed on the Defense Expert Witness List?
 
So..... Is Dr Lee STILL listed on the Defense Expert Witness List?

Yes, but the state ,imo, is going to demand he be removed unless the defense hands over his report. The defense cannot have it both ways. They just can't and this is just soooo blatant. Likewsise, the defense will not be calling to the stand their rebuttal witnesses without the state having an opportunity to depose them either, although someone said ( boy I'd love that film if anyone has it ), that is exactly what Jose said he plans to do.

He seems to have a very poor understanding of the rules of discovery, indeed. It is either that, or in the words of Jeff Ashton, "This feigning of ignorance is geting old".The judge reminds the defense constatntly..."If you knew or should have known........"
Should have known always gives me the church giggles when the camera pans directly to Jose.
 
Yes, but the state ,imo, is going to demand he be removed unless the defense hands over his report. The defense cannot have it both ways. They just can't and this is just soooo blatant. Likewsise, the defense will not be calling to the stand their rebuttal witnesses without the state having an opportunity to depose them either, although someone said ( boy I'd love that film if anyone has it ), that is exactly what Jose said he plans to do.

He seems to have a very poor understanding of the rules of discovery, indeed. It is either that, or in the words of Jeff Ashton, "This feigning of ignorance is geting old".The judge reminds the defense constatntly..."If you knew or should have known........"
Should have known always gives me the church giggles when the camera pans directly to Jose.

bbm
I hope so TWA
Unless Dr Lee is removed from the Witness List IMO the Defense may try to pull a fast one and change their minds and say he has now become necessary...even though Judge Perry said no report from the expert no testimony at trial...
 
Yes, but the state ,imo, is going to demand he be removed unless the defense hands over his report. The defense cannot have it both ways. They just can't and this is just soooo blatant. Likewsise, the defense will not be calling to the stand their rebuttal witnesses without the state having an opportunity to depose them either, although someone said ( boy I'd love that film if anyone has it ), that is exactly what Jose said he plans to do.

He seems to have a very poor understanding of the rules of discovery, indeed. It is either that, or in the words of Jeff Ashton, "This feigning of ignorance is geting old".The judge reminds the defense constatntly..."If you knew or should have known........"
Should have known always gives me the church giggles when the camera pans directly to Jose.

Mark my vote for the bolded, underlined above, TWA!!

I also believe he has a very poor understanding of basic law principles, court procedures, grasp of the English grammar...and the list goes on and on.

Reminds me of how much I giggled when reviewing the docket for the Nilton Diaz case Baez defended and reading all the ridiculous reprimands the judge in that case directed at Mr. Baez. ("Mr. Baez, you MUST show up for court hearings!"!) :great:
 
Since Judge Perry Denied this expert Without Prejudice did Baez ever request a Rogers Hearing?

Baez was supposed to request a Rogers hearing in regards to the Taphonomy Expert..Judge Perry said in the Order that the expert may appear via video conferencing


http://www.ninthcircuit.org/news/Hi...& Procedures for Future Motions 5-12-2010.pdf

I haven't seen anything on the docket requesting one, and I do not see where the defense has submitted an amended witness list.
 

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