Legal Questions for our VERIFIED Lawyers #3

[Gracelin]

How did the defense get George's medical records??

 

[Murdock]

If there was a mistrial and they had to start this whole process over again, is the defense stuck with their George was there/did it theory, or can they change it? TIA

 

[nachomama]

Does anybody know where I can find out what Lippman said to the media today about JB ??? I have heard that it was pretty shocking and some couldn't believe he would say something like that..

 

[Jolynna]

Before the defense team can present a "bereavement" expert's testimony to explain ICA's 31 day ugly coping spree, doesn't there have to be foundation (some kind of evidence) establishing KC knew there WAS a body before she started running around ugly coping?

Is her attorney's opening statement going to do it?

 

[thumbtack]

Yesterday and today, Juror 6 fell asleep during trial (reported on HLN). Can anything be done about this? Can this juror become an alternate?

Again, thanks for answering these questions, even when we ask the same questions more than once. You are very generous with your time & effort!

 

[beachbumming]

Before the defense team can present a "bereavement" expert's testimony to explain ICA's 31 day ugly coping spree, doesn't there have to be foundation (some kind of evidence) establishing KC knew there WAS a body before she started running around ugly coping?

Is her attorney's opening statement going to do it?

Yes. There would also have to be evidence of sexual abuse because that is what JB says is the reason why she lied about the "accidental drowning."

 

[beachbumming]

Yesterday and today, Juror 6 fell asleep during trial (reported on HLN). Can anything be done about this? Can this juror become an alternate?

Again, thanks for answering these questions, even when we ask the same questions more than once. You are very generous with your time & effort!

If the state or defense feels that a juror is sleeping and therefore not hearing all of the evidence, they can bring that before the judge. They can ask the judge to consider removing that juror and replacing him/her with an alternate.

 

[beachbumming]

How did the defense get George's medical records??

The defense may have subpoenaed the records.

 

[tlcya]

could one of our esteemed experts point me to a link to the case cited by JP as relevant to the motion regarding newly introduced grief expert, Angrand v. Key, 657 So.2d 1146 (Fla.1995)? for some reason I am not finding it on findlaw. tia

 

[tlcya]

second question: How could dt have subpoena'd GA's med recs without a hippa or medical authorization from GA? Is that even possible?? again tia

 

[beachbumming]

If there was a mistrial and they had to start this whole process over again, is the defense stuck with their George was there/did it theory, or can they change it? TIA

They can change their defense, but they are stuck with the sworn testimony from the first trial. If a witness testifies differently at the second trial, their testimony from the first trial can be used to for impeach their testimony.

 

[Gracelin]

The defense may have subpoenaed the records.

Thanks for your answer.I still don't understand how they can get past the HIPPA laws.

 

[beachbumming]

second question: How could dt have subpoena'd GA's med recs without a hippa or medical authorization from GA? Is that even possible?? again tia

A subpoena overrides HIPPA. If a judge signs a subpoena for the defense (State Attorney's Office has separate subpoena powers), they can obtain the records. GA could object and his attorney could litigate that before the court. The court could also sign a protective order, keep and inspect the records and determine what parts of the medical records are relevant to the defense.

 

[tlcya]

ty for answering beachbumming but with sunshine laws and all the transparency it avails us, coupled with WS members who monitor all docs and motions on this matter, how could a judge issuing a subpoena for GA's med recs have gone undetected by all? NM rhetorical question. I don't really guess there is a verifiable answer to that one.

 

[beachbumming]

ty for answering beachbumming but with sunshine laws and all the transparency it avails us, coupled with WS members who monitor all docs and motions on this matter, how could a judge issuing a subpoena for GA's med recs have gone undetected by all? NM rhetorical question. I don't really guess there is a verifiable answer to that one.

I don't believe that medical records come under the sunshine laws because they are not public records. A good site for an in-depth look at the sunshine law: http://www.floridabar.org/DIVCOM/PI...OpenDocument#A. WHAT IS A PUBLIC RECORD WHICH

 

[beachbumming]

could one of our esteemed experts point me to a link to the case cited by JP as relevant to the motion regarding newly introduced grief expert, Angrand v. Key, 657 So.2d 1146 (Fla.1995)? for some reason I am not finding it on findlaw. tia

http://scholar.google.com/scholar_case?case=16333454381525465298&hl=en&as_sdt=2&as_vis=1&oi=scholarr

 

[harleysnana]

I asked this on the trial thread and wanted to ask here to see if anyone knows....

Ok... so IF they can bring in this witness... who can talk about how people act
when dealing with grief... and as the Judge said... grief does "not usually set in
until a body has been found"... would this then allow the tape of her reaction
when Caylee had been found?

 

[Wescott]

If the court has ordered a psych evaluation can ica refuse to cooperate, and if so, can the doctors submit their findings based soley on her statements?
Thank you

 

[hannahsnana]

In closing arguments, will Baez be able to continue to pull theories out of thin air, or must he stick to facts presented?

 

[Papacharlie]

I have followed this case from the start, on topix ! I don't facebook,myspace but i havhave a couple of questions...respectivley.
Why didn't the DT take he position about multiple personalities and one doesn't remember what thhe other one did...sorry if this has been addressed I am soooo glad we are here to talk about the case .