Legal Questions for our Verified Lawyers #4

[AZlawyer]

If HHJP decides to hold JB in contempt because he ignored the Court Order pertaining to expert witnesses,will that be like a trial? Are we likely to see it on TV?

There should be a hearing, yes. If the media asks to be allowed to cover it, they will probably be allowed to do so.

Any ideas about what HHJP would need to do with the court reporter after he announced the recess? He asked the court reporter to come with him somewhere because they had 'something they needed to do'.

I realized that there were some tweets about hearing him talk to the jury after that. So I think he just wanted to make sure anything he says to the jury is "on the record" for appeal purposes.

 

[coloradoteacher]

Hi there-
I was wondering if the jury will stay sequestered after delivering their verdict of guilt until the penalty phase begins and through that phase. If, so I am shocked that JP thought there was any way they would be home by the 4th. TIA!

 

[GeekyGirl]

Is there an authenticity process for photos submitted by the defense as evidence?

 

[AZlawyer]

Hi there-
I was wondering if the jury will stay sequestered after delivering their verdict of guilt until the penalty phase begins and through that phase. If, so I am shocked that JP thought there was any way they would be home by the 4th. TIA!

That would be up to HHJP, but I think that's what he was planning to do.

Is there an authenticity process for photos submitted by the defense as evidence?

Yes, it is the same as for photos submitted by the state. Someone has to testify (or the parties have to stipulate) as to its authenticity.

 

[noor]

Is it possible that KC wants to take the stand, Baez does not want her to do that.
I know she has every right to do that, but Baez is so against it.
Mason is okay with KC taking the stand. Now KC wants to "fire" Baez because of this issue?

 

[Sedona722]

I am so confused about impeaching a witness on their testimony and perjury. I mean, if they are impeached, doesn't that mean they perjured themselves?

 

[RedSoxFan]

HHJP seems to be very concerned about not wasting the jurors time. I don't understand what could be so important that the judge would "waste" a whole day for the jurors. Why couldn't they move on with the trial and take care of the "legal issues" during lunch or at the end of the day, like other times? What "legal issues" would stop a trial? Any guesses? Thanks so much!!!!

 

[little lulu]

If something happened to CM and he couldn't finish the trial, what would happen since he is qualified as Death Certified Att. ?? Just wondering after this event this morning, guess my imagination is working OT. Thanks.

 

[Amil]

If ICA tells her defense team she lied about the basis for their opening statement-drowning, molestation,etc., what can the defense do at this point if the trial, what can the judge do to keep the trial going? ICA may have have newer, better lie.

 

[LEFT-COASTER]

That wouldn't explain the ex parte meeting between HHJP and the defense team, or the laughter from CM behind closed doors.

This whole thing really confused me..
I know that yesterday they were threatening to file against JA..
If it was a complaint against the SA they wouldnt do that without the SA there would they??

 

[pferrin]

would KC deciding to testify have any bearing on the recess today? Cant see how her wanting to testify would cause a recess. TIA

 

[gitana1]

I am so confused about impeaching a witness on their testimony and perjury. I mean, if they are impeached, doesn't that mean they perjured themselves?

Not necessarily. It could mean they are just not credible because their testimony changes. Also, they may now believe the false testimony they are giving due to coaching or suggestion or a strong desire to believe it. And that would not be perjury.

People get worked up about perjury a lot but in fact, such charges are rare. They are usually used for political purposes. Convictions are even rarer.

The Anthony family, btw, will not be charged with perjury, IMO, ever. I don't know of any prosecutor who would go after the family of a victim, people who have lost a grandchild, with such a rare charge. It would not be wise politically.

Is it possible that KC wants to take the stand, Baez does not want her to do that.
I know she has every right to do that, but Baez is so against it.
Mason is okay with KC taking the stand. Now KC wants to "fire" Baez because of this issue?

Maybe. But I would think inexperienced Baez would be the one out of the two in favor. CM would never agree to such a thing. I will also add that the decision regarding whether casey will testify would not be proper for an ex parte chambers conference with the judge. Firing her attorneys would be, though.

If something happened to CM and he couldn't finish the trial, what would happen since he is qualified as Death Certified Att. ?? Just wondering after this event this morning, guess my imagination is working OT. Thanks.

There is another death penalty qualified attorney on the team - I think Ann Finnell?

This whole thing really confused me..
I know that yesterday they were threatening to file against JA..
If it was a complaint against the SA they wouldnt do that without the SA there would they??

No. They wouldn't.

 

[FootballMom]

I just don't see HHJB stopping court & putting his convo with the jury on record if CM staged a coup and is now or wants to lead or is leaving... or if JB is fired. Is a change in attorneys that big of a deal? I can't imagine it would cause this much of a ruckus. Couldn't the judge just tell the jury the attorney has a personal matter to address and that it should not in anyway reflect poorly on the defendant?

 

[allycat1208]

I read somewhere that leading questions are normally allowed only during cross-examination. Why are they not permitted during direct examination?

 

[ZsaZsa]

During testimony on Friday,CA mentioned ICA being charged with 'check fraud' and I am sure that was a purposeful 'slip' not accidental. Does revealing that information in front of the Jury present any problem for the SA?

 

[AZlawyer]

During testimony on Friday,CA mentioned ICA being charged with 'check fraud' and I am sure that was a purposeful 'slip' not accidental. Does revealing that information in front of the Jury present any problem for the SA?

The defense didn't move for a mistrial, so apparently they agree with me that it wasn't a very big deal.

I read somewhere that leading questions are normally allowed only during cross-examination. Why are they not permitted during direct examination?

Because it's cheating. Leading questions "suggest" to the witness what answer the attorney wants. The theory is that, if you are cross-examining the witness, the witness is not likely to follow your "suggestions."

I just don't see HHJB stopping court & putting his convo with the jury on record if CM staged a coup and is now or wants to lead or is leaving... or if JB is fired. Is a change in attorneys that big of a deal? I can't imagine it would cause this much of a ruckus. Couldn't the judge just tell the jury the attorney has a personal matter to address and that it should not in anyway reflect poorly on the defendant?

A change in attorneys would not happen without a really good reason, HHJP's permission and a hearing at this point. A change in "lead" attorney could be handled by passing notes at the defense table--it is really a meaningless term.

would KC deciding to testify have any bearing on the recess today? Cant see how her wanting to testify would cause a recess. TIA

That by itself shouldn't have caused the ex parte meeting or the recess. There has to be something more.

If ICA tells her defense team she lied about the basis for their opening statement-drowning, molestation,etc., what can the defense do at this point if the trial, what can the judge do to keep the trial going? ICA may have have newer, better lie.

The trial would continue. The opening statement is not evidence.

 

[Peachy Keen]

According to the following link:

Rebuttal evidence may include testimony from newly discovered witnesses, as well as additional testimony from witnesses who previously testified in the trial. Like all aspects of the trial, rebuttal examination should be driven by the defendant's theory of the case.

http://defensewiki.ibj.org/index.php/Rebuttal_Examination

Does this mean that the SA can bring in witnesses that were not on their original witness list for their rebuttal? What about new evidence (i.e. Cindy's work computer files to verify if she was at work on 3/17/08)?

 

[rhornsby]

According to the following link:

Rebuttal evidence may include testimony from newly discovered witnesses, as well as additional testimony from witnesses who previously testified in the trial. Like all aspects of the trial, rebuttal examination should be driven by the defendant's theory of the case.

http://defensewiki.ibj.org/index.php/Rebuttal_Examination

Does this mean that the SA can bring in witnesses that were not on their original witness list for their rebuttal? What about new evidence (i.e. Cindy's work computer files to verify if she was at work on 3/17/08)?

Yes and yes.

 

[FootballMom]

Thank you AZ!!!

I've perseverated over this ALL day to the point of transcribing a VERY detailed post of all the expressions/emotions that I observed today. I think I've finally developed a possible scenario but need some expert opinions to even semi-validate it's potential.

HHJB asked the DT to explain their defense to him... which led to the DT having some serious discussions.

The DT & even ICA appeared to be surprised by CM requesting the sidebar (add to that it would not be recorded - perhaps because no one was expecting it and nothing was decided). I've read that CM was heard laughing but also yelling during one of the closed door sessions. Going on the assumption that CM "yelling" was indeed factual...

Is it possible during their first "all employee DT meeting w/ ICA" before court began... CM wanted to change the theory of Defense since they would most likely be unable to substantiate the molestation & incest allegations but everyone else objected... which led CM (in good conscience as effective counsel) to raise his concern to the judge and essentially force the other DT members to hash it out with the judge?

I would expect that would cause ALOT of fireworks and a major inconvenience to the court... sooo... is it plausible or would CM bite his tongue and just let the chips fall where they land?

 

[mombomb]

Could one of our amazing lawyers explain what a Brady issue is and what kind of things or testimony the judge would be looking at to determine if a violation occurred? His Honor mentioned it when JB said that YM testified to phone records of RK and GA - records that JB said the defense had not been given.