Remain calm friends. It was certain they would ask for a surrebuttal, even if just to lay a record for appeal. After their two witnesses were so thoroughly discredited, it would be nearly malpractice not to try to ask for it.
THIS IS ALL JUST MY OPINION
The judge will allow them a very limited surrebuttal. I don't think Judge Perry would have, but I think this one may. No worries. Juan has got this. I have grown more confidence in her as I have watched her shoot down each and every thing the defense has tried to bring as motions for mistrial. So, I do not want to imply that I think she is weak, just different than JP.
The great thing, imo, is that even though this is a dp case, the judge can find that since JM DID, unlike the defense, follow the rules of discovery, they have known all along what Dr. DeMarte was going to testify to. She prepared a written report that was given to them that held all of her opinions and what she based them on, including the fact that she diagnosed Jodi with the disorder she testified to. They have known that she was going to dispute their experts, the pair of them, and she disagreed with their findings. They had ample opportunity to depose her. Jennifer questioned her in trial , remember when we deposed you, and you gave us your CV? I thought that it was in that depo where she realized her experts were going to be no match for the very educated and articulate Dr. DeMarte. That would have been the time to seek additional help from a third expert. This is going to be what JM refers to as Johnny come lately defense, that they want a do over. This would have been the time to file a motion and say they do not believe she is qualified as an expert in this field. NOT AFTER SHE TESTIFIES.
I recall this came up with nearly every expert in the Casey Anthony trial and boy oh boy did we learn a lot about discovery rules and why it is so important for the experts to set out in detail their findings, so there will be no gotcha moments. Indeed they had many pretrial hearings , in which the judge did rule that some of the folks the defense were trying to present, would not be testifying as experts, as to certain areas that they were not qualified in. JW is an experienced lawyer, she TEACHES, so she knows how to do this in advance of trial. Numi....well , he sleeps.
In this case, ALV filed NO REPORT.
I saw in the court case file that JM had to file a motion to ask the judge to have the defense adhere to the AZ discovery rules, as they gave him only her very REDACTED notes. The judge did so order, and JM wound up with her notes which he used at trial to impeach her. If anything SHE deviated from her own notes and changed things she had written down on MAJOR facts such as
Jodi said she shot Travis in the closet
Jodi told her she caught Travis watching the kiddy




on the computer
Those are major facts, and ALV literally turned her notes upside down , fell on her sword and claimed , IN REDIRECT, that she must have just assumed that is what Jodi meant. Remember her , "I guess I just assumed she meant computer, not that the photos were on the bed, because kids these days do everything on the computer." You just can't make this stuff up!!
Dr. Samuels filed a report with conflicting findings on his own tests.
Dr. DeMarte filed a report and testified to it, without changing her opinion. As far as them arguing that she is not experienced enough to have opined on the matter, that should have been handled before trial. Indeed she has been deemed an expert before by the court there, so that argument will fail, in my opinion.
The judge will be on firm ground to deny the defense request. Even if she does allow a new expert, they will be limited to the small area the defense claims she deviated from on her report.
Don't worry, Juan Martinez was expecting this and with his twenty five years he has seen it all. He will make short order of this.
The lesser charge they are asking the judge to add, also seemed obvious that they would ask for that too, by all that they were trying to build up to with all the abuse. Otherwise there was no need to even bring up all the alleged incidents, etc. if it were just a straight he jumped at me, body slammed me, I had to defend myself against the physical threat.....self defense. It was obvious they were trying to build up for the jury her state of mind was that of someone with battered woman syndrome, and that she saw Travis through that skewed lens, thus explaining the extreme overkill. Nurmi used those words "battered woman syndrome" early on with ALV during one of the objections. I remember thinking, oh...here we go.
I have been thinking about how Judge Perry decided the defense had put forth NO EVIDENCE , whatsoever, to be entitled to argue in closing arguments ONE WORD about sexual abuse by pop or brother. That is how it seems to me here, the defense has failed miserably to prove battered woman's syndrome and outside of Jodi's self serving word, we have had NO evidence of physical abuse. I wouldn't be mad at JM if he asked for them not to be able to argue those points at all. That wont happen, but I do not think it matters. I think the jury will see any new witness as a day late and a dollar short, the clean up man, as it were. They'll yawn, ask snarky questions, pick their nails and be overtly unimpressed, just as they were with the first two clowns. It appeared to me that Jennifer was NOT consulting with Samuels and ALV about how to cross examine Dr. DeMarte, but rather another source altogether. Indeed she brought the manual after she realized she had been wholly misinformed by whoever told her that the person who wrote the book on domestic violence no longer uses her own criteria. She literally wanted to read the definitions to Dr. De Marte out of the manual. That is when I knew that Jennifer knew , for sure, the other two experts harmed, rather than hurt her case, by biblical proportions.
I don't think it will be any surprise to the jury that this is what gets argued in closing arguments, they have been hearing it for months. I have good faith that it wont matter what array of choices they have on the form, the state has proved premeditation, and murder one. All day long!!!
IF they do not raise issues now, the next appeal lawyers will NOT be permitted to ask for the appeal court to cure any errors the judge made in the trial. So, it is expected that they ask for many a mistrial issue, and to ask for surrebuttal and to ask to add the witness after the disaster of their two. To not ask would border on malpractice.
Judging by the jury questions, they seem to be ready to take this to verdict some time ago. I have faith in them. Even if the judge allowed two more experts for the defense, nothing they can opine will take away from the Medical Examiner and how he is going to make the sky blue again in rebuttal. Those facts and those photos!!!
I heard that JM has a ninety eight percent conviction rate. My money is on him and the ME!! :rocker::rocker::rocker: MOO