Spoliation Motion Sept 22, 2009 Includes Response

[Spangle]

Maybe I'm wrong but I thought that the fact it was a child under 12 yrs that automatically qualified it for the death penalty?

I think it's only if she died during child abuse. Before the body was found, she was still 12 years old. After the body was found, the tape shows abuse of the child and I think, just as you said, the SA had to, by law, change to DP.

 

[Muzikman]

I don't think our Muzikman should or would tolerate her turning on him as she often does. If she started smarting off to Muzikman, I think I'd have to reach through the tv to smack her myself!

I actually had the opportunity once, and passed on it.

I think I have been in some video footage tho...:crazy:

 

[Spangle]

Look at how long they had poor Caylee's remains before releasing them to George and Cindy. Didn't they also request to be at the autopsy and the judge said no, do your own?

By the time the ME got the bones, there really was no rush. Nothing changed with the bones during the short time the ME had them.

During the time the ME was doing the autopsy, the body had not been ID'ed. The ME didn't need to know the 'who' in order to do their job. It was only after the DNA results came back that the ME knew the 'who'. Dr. G had no control on how long it took to get the DNA test results back.

The Judge did tell the defense that if the remains were found to be Caylee, they could do their own autopsy when the remains are released to them. Until then the body is ID'ed, it was all a mute point to even ask. And the body could not be ID'ed until during autopsy, samples taken are sent for a DNA test. The Judge's hands were tied. No way it would be possible.

I would like to point out that after the defense was done, CA made sure the remains were destroyed. Which is interesting, cause the Defense was worried about any evidence being removed from the remains, cause it would be destroyed in the process of testing it. :loser:

So yes, the Judge did. Just not in a rude way. But in a very factual way. No one was stopping them from doing an autopsy after they recieved the body. Have we seen a report on that autopsy?

 

[Spangle]

Doesn't this ENTIRE thread brighten your WHOLE day?

I mean, aside from giving us all some chuckles.

Yes, yes it does. It shows the many ways that JB didn't think this through. Lots of holes in the rowboat,, headed down chat river.

 

[Brini]

In my head, I was reading that motion veeerrry slooowly - like it was written for a (JB) child :crazy::crazy::crazy:

I think my fave, of all the potential faves, from that doc is the part where M. Ashton, Esq. referred to several OTHER claims, that turned out to be much exaggerated, on the part of the defense.

 

[Brini]

Yes, yes it does. It shows the many ways that JB didn't think this through. Lots of holes in the rowboat,, headed down chat river.

... and over the falls.

 

[Spangle]

I actually had the opportunity once, and passed on it.

I think I have been in some video footage tho...:crazy:

I think I would either walk off the stage, or hang up.. if she started being rude. I wouldn't show my but. But just quietly leave.

 

[strach304]

I thought there had been some hoopla from JB at the time about attending or viewing. Dr. G's exam while it was being done. Something to do with the duct tape removal as well. Their experts could not examine the original placement or something. Ashton used the word autopsy. Maybe someone else here remembers the details better. ?

 

[BonKai]

Wow! Well done, Ashton! Talk about making a silk purse out of a sow's ear... Looks to me like he did it with the nonsense motion by flipping it around to demand a list of their witnesses and indicating he's deposing them all. WTG!

Yes, this was brilliant. Very well done Mr. Ashton! :bowdown:

 

[cecybeans]

Okay, Ashton is, imo, now exonerated for making smirky faces and rolling his eyes at JB and the defense table when JB stands up to pontificate in court.

I don't think it's very professional, (and hope he will stop it before a jury sees that), but my estimation of him went up several points after for this particular piece of pedantic papyrus. JB got SERVED! (or should I say SCHOOLED!)

 

[RR0004]

When the defense was in court trying to get the crime scene photos - didn't JB say he would install a completely secure server (such as the one at the ME's office) at his offce to view the photos on, so there would be no chance of the photos being leaked? I never heard another word about that - do we know whether they ever did that? If they didn't, I am pretty sure that means they haven't even looked at that 'evidence' yet. This tends to make me think they don't feel the crime scene photos are too important. Maybe he could not afford a secure server OR has no idea how to use something so sophisticated (*snicker, snicker*)

Yup, yup, yup!

 

[RR0004]

Okay, Ashton is, imo, now exonerated for making smirky faces and rolling his eyes at JB and the defense table when JB stands up to pontificate in court.

I don't think it's very professional, (and hope he will stop it before a jury sees that), but my estimation of him went up several points after for this particular piece of pedantic papyrus. JB got SERVED! (or should I say SCHOOLED!)

Ya know...it was sweet and to the point. No bs nonsense.

 

[lisalei321]

I may need to, if I don't find a job soon. :banghead:

You and me both :banghead:

But I promise if a case comes to my county like this one in Orange, I will do what you do for all of us here (including if a COV, brings the case here )

 

[CarolinaMoon]

My appetite is part of that. :crazy: I couldn't wait a few hours for WFTV to post this motion! heh

They charge $3.99 for credit cards, I'm not sure if they'll do it over the phone. I'll have to check and see how they handle it.

There was one fairly new doc when I was there today that was TWO INCHES THICK!!!

Baez's full Motion for Change Of Venue, in it's own notebook, must have been at least a couple hundred pages of mostly printed-out media web articles. I got a copy of the 5-page summary, which lists Exhibits A-Z, with links. I'll post that tomorrow.

I also got an Appendix to one of Baez's motions, which the media did not put up in full. it's a 5-page FBI Lab Activity and Communication Log. Doesn't look like much and it's hard to read (hand-written) but it was something that we didn't have yet!

I've spent a ton on ink cartridges for printing out the key information. I can't imagine your expenses.

I think AL's students and JB's students have been kicked into high gear getting all those articles that are on the Internet. One thing I'd have to say is that any argument for change of venue they have with all those citations could fall back on them. They prove that the case is state-wide, nation-wide, and possibly world- wide.! :yes:

 

[john's mom]

Muzikman, is that 2 inch thick doc available yet? Why doesn't the media have it is why I'm asking....or do they copy a lot of them and then make it available? Or will it be on cd's?

I know they said there'd be a big dump this week maybe, but how come we don't see it yet?

PS....you are my hero too!

 

[Brini]

I've spent a ton on ink cartridges for printing out the key information. I can't imagine your expenses.

I think AL's students and JB's students have been kicked into high gear getting all those articles that are on the Internet. One thing I'd have to say is that any argument for change of venue they have with all those citations could fall back on them. They prove that the case is state-wide, nation-wide, and possibly world- wide.! :yes:

And, it is SUCH a biotch to get a decent jury off planet. To say NOTHING of the interpreter costs.

 

[RR0004]

Muzikman, is that 2 inch thick doc available yet? Why doesn't the media have it is why I'm asking....or do they copy a lot of them and then make it available? Or will it be on cd's?

I know they said there'd be a big dump this week maybe, but how come we don't see it yet?

PS....you are my hero too!

Is that the "one" doc we've recently heard about?

 

[magic-cat]

Is that the "one" doc we've recently heard about?

I doubt this is the one pager, I would say it is the 2000 pager we have heard tale of...when the tattoo photo cd was handed over there was that one single page...I wonder what that was...:banghead:

 

[john's mom]

Is that the "one" doc we've recently heard about?

No, for some reason I cant multi quote right now, but if you go up this page just a litte, to Muzikman's last post here, he says he saw a two inch thick set of docs at the courthouse today. I was asking how/when they will be available for us to see.

( I will be away from computer for most of tomorrow, so my guess is it'll hit then. Just my kind of luck! )

 

[magic-cat]

Having read the State's answer to that ridiculous motion has made me have some serious wonder about A.Lyons...I mean, we expect this sort of nonsense from Jose, that goes without saying, but you would think a renowned attorney and law professor such as she would do a little better job in putting together a VALID motion. I mean, just reading the State's answer as a simple layperson I can see that the state is basically saying this is idiotic, as idiotic as many of the past filings by the defense, and we have had enough of this crap and we demand some answers, in accordance with the LAW and not based on the whimsy of this celebrity team...