2010.01.25 Hearing

[chckmate22]

can anyone link the video I cannot find it TIA

 

[ecs5298]

But somebody (sorry can't recall who) brought up the point that they will now be allowed to draw KC's blood. It's possible that the FBI could be holding on to evidence that they will now be able to link directly to KC (or not).

The OCSO took buccal swabs of KC early on. So the FBI has her DNA and would not be waiting on a blood sample.

 

[Woe.be.gone]

BBM

But isn't that what JB was making a fuss about, not getting important forensic evidence released to them? It seems to me he does want it but I could be wrong. Wouldn't he need it to be fully prepared for trial?

It's a fine line thing I think. He has to specifically request it. He does not want to say "hand over the fingerprint evidence". So he's not sure if they have it either.

Mind you, I'm guessing here. Legals, help? Please use plain language. Thanks.

 

[AZlawyer]

Oh My Gosh, I finally got something about the Sunshine Laws. I'm sure I'm about to state the obvious for most of you but it just became clear to me why the most convicting evidence gets left for last. The Defense would not request fingerprint evidence because the fingerprint evidence would convict their client and leave no room for reasonable doubt. The State may know about the print/s but because it's lawful for the FBI to hold on to the evidence in case some other reason comes up for them refer to it, they are not required to expose the evidence according to the Sunshine law. JB would have to ask for fingerprint evidence directly. Do I have this right? The Defense would not ask for damning evidence about their client even though they are dying to know what concrete evidence there is as well. If I were them, I'd assume they have a KC's fingerprint on the tape. The State has no reason/desire to hand that evidence over because they don't have to unless it is specifically asked for. What am I missing?

Also I sense that the Judge keeps trying to tell JB to brush up on the policies of how to obtain discovery, but JB is either playing dumb or is dumb. He keeps insisting that the State give him everything but that's not how it works under the law. Since JB wants to rewrite all laws in order to help KC, he keeps stomping his foot and the Judge is :waitasec: what don't you understand JB? I told you that you must request that, pay for it, etc. JB keeps saying, but I don't want to do it that way, etc. You know the song by Barry Manilow "I Write the Songs ...". JB's themesong should be "I Want to Write the Laws ...".

The State does have to hand over evidence, even if it is not "specifically asked for," and cannot use its evidence at trial if it is not disclosed to the defense in time for the defense to address it. However, the FBI is not required to give the State written reports. If the FBI tells the State's attorneys something over the phone, the State just has to list the FBI guys as witnesses, and then it's up to JB to figure out what the FBI guys are going to say...

That said, I don't think the FBI or the State would be playing games if they had something really big waiting in the wings. They might hold back on a written report just to make 100% sure they had it right, but after that point I would fully expect them to disclose it, with circles and stars next to all the good parts and a fax cover sheet to JB saying, "Big Evidence! Read Me! Important!"

BTW, I just posted in the fingerprint thread that there is one potential loophole in the "no latent prints" reports...

 

[knt]

Does anyone know if KC acknowledged her parents? TIA!

 

[Woe.be.gone]

The OCSO took buccal swabs of KC early on. So the FBI has her DNA and would not be waiting on a blood sample.

Earlier somebody suggested that buccal is not as good as blood - not true? Or may be they were just asking too.

 

[fabvab]

I think you give them far too much credit. I think it was an accident.
He dropped his folder and all the papers fell on the floor, there was nothing else going on, they were wrapping it up and AL was speaking to the judge.... then it happened, she stopped to look and then carried on.

I'm waiting to see who will capture this on a loop.

I can't wait to see his file disaster in action! I was thinking maybe it was some trick/diversion that AL had taught him. Of course, he is such a great lawyer why would he listen to her????

 

[debbie0604]

Welcome Person of Interest!~

I don't feel anything coming from Casey's confession. It came off as just something she had to say. Still fake tears.

JB is an idiot, and should stay off camera.

:woohoo::woohoo::woohoo:I TOTALLY AGREE 100%!!!

 

[sassy_texasbelle2]

This one?

Thanks so much!

AL watches her like a hawk. I wonder if she ever thought she would end up being a "Nanny" to KC. Watch out for her bad behavior AL there will be much more to come.:dance:

 

[Trapshooter]

The State does have to hand over evidence, even if it is not "specifically asked for," and cannot use its evidence at trial if it is not disclosed to the defense in time for the defense to address it. However, the FBI is not required to give the State written reports. If the FBI tells the State's attorneys something over the phone, the State just has to list the FBI guys as witnesses, and then it's up to JB to figure out what the FBI guys are going to say...

That said, I don't think the FBI or the State would be playing games if they had something really big waiting in the wings. They might hold back on a written report just to make 100% sure they had it right, but after that point I would fully expect them to disclose it, with circles and stars next to all the good parts and a fax cover sheet to JB saying, "Big Evidence! Read Me! Important!"

BTW, I just posted in the fingerprint thread that there is one potential loophole in the "no latent prints" reports...

AZlawyer I truly enjoy reading your posts. You bring much insight into the inner workings of our legal system.

Regarding your quoted post, are we getting our hopes up for nothing? I was hoping that Jeff Ashton mentioning the "latent print evidence" meant there was more discovery to come. I'm totally confused now. lol

 

[ecs5298]

I can't wait to see his file disaster in action! I was thinking maybe it was some trick/diversion that AL had taught him. Of course, he is such a great lawyer why would he listen to her????

Nope, no trick or diversion.....he was just a clutz!

 

[Dear Prudence]

Does anyone know if KC acknowledged her parents? TIA!

When leaving the courtroom after the hearing it appeared to me that she smiled at someone in the audience. I assumed it was G&C but the camera was not showing the audience, but it seemed as if KC was looking towards where they would be standing.

 

[yeknomaras]

Amy`s lawyer representing her in court today.

Mr. George is an assistant state attorney, not Amy's lawyer.

 

[debbie0604]

LOL

Tree-Acorn

Pot-Black

Dumb-Dumberer... LOL!!

 

[Leila]

State mentions the latent fingerprints here at about 16:50

http://www.wftv.com/video/22335862/index.html

/

We've discussed fingerprints, and I remain optimistic that Casey left fingerprints. I just don't see how anyone could apply duct tape without leaving fingerprints. It's almost impossible to wear gloves and be able to grasp the beginning of the tape.........you need fingernails to get the tape started. Also........I don't think Casey thought she'd get caught, and wouldn't think ahead to have gloves, even if they could be used.

 

[Cat13067]

I was surprised that there was no interview with the news team after the proceedings. JB must have went out the back door, so AL wouldn't be confronted again by KB.

 

[Gnatcatcher]

WOW! We have 157 visitors on this thread!

***HELLO GUESTS!***

Websleuths has a great group of members and an awesome private forum. Why not register and join us? We'd love to have you on board! :blowkiss:

I think it's possible at least half of that, or some, I don't know, would be members who just haven't signed in. I don't leave my account automatically signed in on anything (I have this horrible fear of my computer being stolen) so a great many times, I simply read until I want to say something. Like now. Not that I've said anything of value, haa.

I also was not moved in the least by Casey's apology, although I give her credit for saying it. It was a little bit of an extra thing, not required, and so far she hasn't done anything that hasn't been exactly required of her. So it's a baby step. She still has an ugly heart, and it shows, but nonetheless.

When JB's files fell, my boyfriend says really dead-pan, "Jose dropped his s..t". I died laughing. That was my favorite part.

There was a little discussion here about how much discovery has been released (the 90%), and I do believe it was 10,000 pages. I remember seeing a news report where a reporter was standing in front of a pile of papers stacked up to what that 10,000 pages would represent, and it came clear up to his belly button. So if we're due another 10% of that, that's a HUGE amount of information.

I was surprised the JA mentioned the latent prints in the middle of what would otherwise be a zone out moment for me. Is he allowed to do that? I guess so.

Cindy looked at George crying and he handed her a tissue, she turned and said "thank you" to him, then turned and said something else to him, which I thought was "thank you, George", but others here thought she said I love you, george. Either way, he did NOT reply back, just blew air out of his lips and stared ahead. It was the first time I'd noticed age spots on his head. He's really suffering, no doubt.

 

[logicalgirl]

Sadly, yes

Does this mean she won't live long enough to stand up and face her own bad cheque charges?

 

[logicalgirl]

Here's a screen cap of them shaking hands. It occurs at 19:45 in the second WFTV video. Although their hand shake looks awkward, I couldn't tell if they passed anything. I was perplexed since I thought she wasn't supposed to have any interaction with the audience. I mean, if she can't say hello to her parents, what's she doing shaking hands with this guy?

I thought this was Mort, the investigator and part of the defense team. Hmm - is it someone else?

 

[kaRN]

JB said a reasonable bond would solve everything.:innocent:

And nobody even made eye contact with him let alone a tee hee. It was completely ignored.