Trial day 31: the defense continues it's case in chief #86

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Oh heck we are fixing to have another freaking recess............
 
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
 
I should have known better than to plan several appointments for late afternoon thinking I could watch the majority of testimony this morning :furious: ARGH!!! This is insanity!
 
What does that mean? Did Juan win?
 
the judge is not happy with the late snowjob that DT is trying to pull! haha
 
What the feck!??!? For crying out loud judge DO YOUR JOB!!!!

Now what am I going to do for another 2hrs!??! Dang!!
 
So is that fricking 2 hours away??????? I got up at 4:30 for this BS. Man I gotta stop following this trial.
 
F!

The defense should have been fined, and the Judge should have tossed this new information. BALONEY!!!!
 
Another ploy by Nurmi to extend this thing for more $$, IMO
 
How could they raise it in a motion when they just found out this morning?
 
Mr Martinez, go have a really nice Come To Jesus talk with Dr. Samuels....

ugh
 
Oh I give up. 1:15? Seriously? What kind of courtroom is this judge running?

I think I'll go take a nap!

Mel
 
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