We are starting . . .
JM has something to put on the record . . . mr. Samuels wants to present a power point . . . new evidence being presented? . . . .JM met w/him and he was given a report, all of his notes and his findings but no power point . . . . something that was not done overnight . . . . JM objects to
first slide is psychologist - bringing a cross section of the brain - he is not psychiatrist -
magazine article from Time - your Brain under fire - it is hearsay - JM did not read article and no time to understand assimilate what it was saying.
doesn't see relevance to this case what someone in Time Magazine might have written
slide about PTSD - written by a PhD . . . new material was available before - they have tried to hide it and present it in a surprise manner today.
another (sorry missed this)
correlation of offender relationships - 2 types of homicide -
not a premeditated act - self defense
instrumental and reactive
7, 8, 9, 10 . . . .instrumental and reactive homicide
purely reactive,, purely instrumental, and study in Finland . . . not relative to US
violence and personality D/O . . . if he was going to hang his hat on this - he should have told the court . . . this Dr. has an opinion that JA had PTSD . . . it appears this opinion may have been tailored to
it was completed June 2012 but as of December he was still visiting defendant
transient amnesic syndrome , transient global amnesia, not discussed with Prosecutor previously
#16 stressed hippocampus . . .. plasticity and memory
JM objects to all of those . . . . now PhD comes in with something new and different and now comes in with Power Point - took some time to put together.
If Prosecutor witness Jean DeMarte came in with a new report and theory and only allow the defense a few minutes to review.
PhD has changed it . . . . there is a duty to tell Prosecutor . . . they have forsaken that duty and violate rule #15?
Wilmot - JM said no object to him testify but objects to PowerPOint - so guess JM objects to all of it. . . .Power Point is not new - it was completed this morning prior to court - says Dr. Samuels is not changing his report at all
picture of the brain - objects to Psychologist not know study of brain . . . . Psychologists talk about amygdala and hippocampus . . . .
physiological reasons why people don't remember situations in high stress - he can come in and testify for his 30 years experience
Time magazine - sudden events do to people in stressful events - about a LEO who shoots somebody . . . Dr. Samuels worked with LEO previously
what happens to physiologically, amygdala, hippocampus . . . .
Dx w/PTSD . . . . well relied upon in his circles . . . .
slide is to help explain to the jury - they will not have it back with them - because he is not an expert - it is not hearsay - it is recognized in scientific community.
based upon his training and experience it is not a planned crime - Wilmot not going to ask him that . . . Defense will not give him a road map to what will be asked.
expressive crimes are more violent and no thinking ahead of time . . . . different crimes and how they relate to crime scenes . . . . expressive crimes you will see maylay and
he is not changing his opinion . . . . expressive vs. instrumental crimes - explanatory and goes to research he relies upon
amnesia, disassociative amnesia,
in this interview - Dr. Samuels interview - JA has no memory of what happened during this . . . we have talked for the past 18 days.
high stress . . . . amnesia can be expected . . . . .
he can talk about it and her disassociative state . . . already noted in his report - he is just going to use these aids to explain to the jury = that is what a Dr. does - explain.
JM interviewed Dr. Samuels 7/15/2011 -
agrees he has not changed his opinion . . . . he wants to "couch" his statement with the new words "instrumental" - pre-planned even though the court has ruled the pre-planned or instrumental vs. expressive crime is a back door way of bringing in pre-planned or crime of passion.
How is JM going to be able to drop everything to read the Time article and then question him . . . . what is printed in Time Magazine is not something the experts usually rely upon.
psychologists do not have the authority to tell jury whether it is pre-meditated or not . . . doesn't believe that is appropriate.
Wilmot says she will not ask the final opinion expressive vs. instrumental
The point of the expert is that he relies upon artilces.
jM says he cannot talk about a premediated crime . . . . he cannot say certain crimes are not premeditated . . . that is for jury to decide not for him
Wilmot will not question whether he will opine about pre-meditation . . . . .not invading province of the jury when she will not ask the final question . . . just what the research shows . . .
Judge will take recess - allow the state to interview the witness once again. . . . this is obviously a question that should have been raised in Motion in Limine . . . .back @ 1:15