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: