Motions 42 and 43 discussing now - Daubert hearing on shoe print and ballistics
State doesn't have the firearm, but shell casings, some found 2 yrs later on client's property. Said its unproven that firing pin makes unique marks on shell casings
Says it should be done prior to trial, not during. Can't unring bell if jurors hear it during trial.
Same for shoe print evidence. State doesn't have the actual shoe.
He says they're comparing it to a shoe purchased in Florida comparing to Walmart shoe in Waverly.
He says potentially 2 or 3 other Daubert hearings.
So, arguing against ballistics because shell casings were found on Peterson Rd property 2 yrs later.
AC -
They've made same responses. They're not entitled to Daubert hearing. US Supreme Court has ruled ballistics evidence is reliable science and relevant.
Defense questioned shoe expert, but AC says he is very qualified expert, gives examples. Well established field - study of these two kinds of evidence.
Just because its a death penalty case doesn't mean there's a new standard for evidence. If court does grant a Daubert hearing, get them all done at once so experts only have to fly into town once.
Defense argues back about ballistics fine points.
Deering says he's not sure if other similar motions have been filed. If so, he will have them all scheduled for the same day.
Defense - Motion 45
Reserve ruling, if it becomes an issue, they will put prosecution on notice based on specific examples.
Defense keeps saying there were 8000 files, AC says 1400
AC clarifying about transcripts, recordings - there was an agreement that these were only recordings from 2017 and 2018 - interception recordings. They have no intention of using or transcribing interview recordings. The interception recordings were sometimes difficult to hear.
AC differs with defense argument that they (defense) has limited resources. Prosecution has much smaller staff and resources compared to all 4 defense teams.
They have all recordings - got them in July 2019. A year ago gave them summary of important parts they might use. That's where the 1400 came from.
Other attorney complaining about reasonable notice. Complaining that state extended deadlines for other act evidence. Claims state ignores some of this other act evidence. Bitching because they provided it 5 months late. Wahhhh.
She doesn't like phrases in "other act evidence". Complained about 35 violations by state.
Will be filing objections to 35 acts of evidence.
AC
State gives them notice of the general nature of other acts of evidence. State has met that burden. Reasonableness is ok. A week in advance of trial has been considered reasonable in federal courts to introduce other acts evidence. If they want to object to all 35, they can do that, and if they do, state will respond
Billy's attorney
She says yes they will file objections to all 35 acts.
Mark talking about another hearing?
Billy's attorney says the state wants to take a photograph of one of Billy's tattoos. Jail Billy is in asked for a court order. AC prepared an order, Mark agrees.
Judge Deering asking Billy W the standard questions about has he had access to his attorneys, etc. Nothing else he wishes to say. Attorney says Billy is frustrated there's no trial date, tired of sitting in jail. Atty hopes the Daubert hearing, etc. will help Billy understand that his trial date will be set soon.
Attorney says Billy is very intelligent, he understands dynamics and he will let them know when he objects to something.
JMO, Billy showing some attitude and swagger today.
State doesn't have the firearm, but shell casings, some found 2 yrs later on client's property. Said its unproven that firing pin makes unique marks on shell casings
Says it should be done prior to trial, not during. Can't unring bell if jurors hear it during trial.
Same for shoe print evidence. State doesn't have the actual shoe.
He says they're comparing it to a shoe purchased in Florida comparing to Walmart shoe in Waverly.
He says potentially 2 or 3 other Daubert hearings.
So, arguing against ballistics because shell casings were found on Peterson Rd property 2 yrs later.
AC -
They've made same responses. They're not entitled to Daubert hearing. US Supreme Court has ruled ballistics evidence is reliable science and relevant.
Defense questioned shoe expert, but AC says he is very qualified expert, gives examples. Well established field - study of these two kinds of evidence.
Just because its a death penalty case doesn't mean there's a new standard for evidence. If court does grant a Daubert hearing, get them all done at once so experts only have to fly into town once.
Defense argues back about ballistics fine points.
Deering says he's not sure if other similar motions have been filed. If so, he will have them all scheduled for the same day.
Defense - Motion 45
Reserve ruling, if it becomes an issue, they will put prosecution on notice based on specific examples.
Defense keeps saying there were 8000 files, AC says 1400
AC clarifying about transcripts, recordings - there was an agreement that these were only recordings from 2017 and 2018 - interception recordings. They have no intention of using or transcribing interview recordings. The interception recordings were sometimes difficult to hear.
AC differs with defense argument that they (defense) has limited resources. Prosecution has much smaller staff and resources compared to all 4 defense teams.
They have all recordings - got them in July 2019. A year ago gave them summary of important parts they might use. That's where the 1400 came from.
Other attorney complaining about reasonable notice. Complaining that state extended deadlines for other act evidence. Claims state ignores some of this other act evidence. Bitching because they provided it 5 months late. Wahhhh.
She doesn't like phrases in "other act evidence". Complained about 35 violations by state.
Will be filing objections to 35 acts of evidence.AC
State gives them notice of the general nature of other acts of evidence. State has met that burden. Reasonableness is ok. A week in advance of trial has been considered reasonable in federal courts to introduce other acts evidence. If they want to object to all 35, they can do that, and if they do, state will respond
Billy's attorney
She says yes they will file objections to all 35 acts.
Mark talking about another hearing?
Billy's attorney says the state wants to take a photograph of one of Billy's tattoos. Jail Billy is in asked for a court order. AC prepared an order, Mark agrees.
Judge Deering asking Billy W the standard questions about has he had access to his attorneys, etc. Nothing else he wishes to say. Attorney says Billy is frustrated there's no trial date, tired of sitting in jail. Atty hopes the Daubert hearing, etc. will help Billy understand that his trial date will be set soon.
Attorney says Billy is very intelligent, he understands dynamics and he will let them know when he objects to something.
JMO, Billy showing some attitude and swagger today.
