At the end of the last hearing JB brought up some discovery he had turned over to the SA,but he told them he was not going to use it. Now he thinks he might use it if Dr. Vass get in. I didn't understand HHJP's reference. Can you explain to me what HHJP told JB?
Only if you can tell me what he said.
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I didn't see the hearing.
I saw the hearing but I didn't 100% understand the judge's reference.
The day before, Baez had handed a disc containing 5,200+ documents to Ashton, claiming it was all the background information for Dr. Vass thus it might all potentially constitute impeachment evidence. Ashton wanted Baez to identify the specific portions of the specific documents the defense intended to use. Baez claimed the 5,200+ documents were Vass' work, articles he wrote, interviews he gave, etc. Baez claimed that he didn't know exactly what Dr. Vass was going to testify to thus he had no idea what parts of the 5,200+ documents would be introduced for purposes of impeachment. Ashton said no, it was not all stuff by or about Dr. Vass, there were collateral matters like a court case against another scientist at Oakridge, etc.
HHJP said that the defense didn't have a duty to specify which documents it intended to use, that it was enough that all of the documents had been disclosed in discovery. This discussion ends with:
HHJP: Please remember the evidence rule dealing with impeachment on collateral matters, folks.
JB: I certainly wouldn't attempt to impeach Dr. Vass with another scientist's statements.
I'm not sure what that last bit meant.
My knee-jerk reaction is that if Baez says he
isn't going to do something, that is a red flag that he
is going to do it. Or, he's going to split hairs about it like Bill Clinton's "depends on what the meaning of the word is, is." IMO Baez thinks he's got something great to impeach Dr. Vass, maybe not another scientist's statements but perhaps Dr. Vass accidentally killed a pet by failing to keep its waterbowl filled when Dr. Vass was a child, or perhaps he smoked pot when he was in high school or had a bad breakup with an ex who now wants to testify that he "lied" to her and cannot be trusted or some other irrelevant "gotcha!" is buried in the 5200+ documents. I believe Baez has no idea what specific documents he plans to use about as much as I believe Baez has no idea how he became Casey's attorney (as he recently stated in an interview last week.)
Katprint
Always only my own opinions