2010.11.29 Hearing: RE: Defense's Experts Not Creating Reports

[redkatrampant]

This was brought up at today's hearing.
I realize that Baez wants as little in writing as possible, but how can you work with no written reports? Seriously?

 

[beach]

For example, when they had their experts come in for that 2 day evidence review, one of the issues was that the defense be provided access to a room nearby to communicate privately. HHJP granted this because whatever was discussed between the defense attys and their potential experts can be considered work product and will not be discoverable. However, once a formal report is written and submitted it becomes a discoverable and they are obligated to turn it over to the SA. All these players know how to play the game. However, I thought I heard JA mention that he knew an assistant for Henry Lee waitasec: ?) was taking notes. Those would be probably be discoverable.

 

[Aedrys]

Also, AZlawyer said in the hearing thread that experts testify to what is said in their depositions so they can't say "go read my report". It still seems odd that JB is saying there are no reports, though.

 

[KaylynnCouture]

Also, AZlawyer said in the hearing thread that experts testify to what is said in their depositions so they can't say "go read my report". It still seems odd that JB is saying there are no reports, though.

Agree..it's really odd. I don't understand how there could be no reports.

 

[TotallyObsessed]

It would be very hard on a case this big not to have anything written, but once the expert makes a written report it goes to the other side in discovery. HOWEVER, the expert could say...call the defense, the phone call could be recorded and the defense could make notes. Not discoverable.

 

[chefmom]

Sounds like shady tricks to me. No reports, no discovery. If they don't reduce it to writing, they don't have to turn it over. Only someone who was trying to hide something or "get one over on" would do something like this. If they had something helpful to ICA, they would have written a report, faxed it to the news outlets and called a press conference. JMO.

 

[beach]

Also, AZlawyer said in the hearing thread that experts testify to what is said in their depositions so they can't say "go read my report". It still seems odd that JB is saying there are no reports, though.

I saw that and I agree with what she is saying. However, I thought they could be used to impeach a witness on the stand should their testimony change. I asked her on the hearing thread. Hoping to get some clarification in re. the value of the (non)reports.

 

[believe09]

Riiiiiigggghhhhtttt.

Depositions will be tricky for them if that is not the case-if SA discovers reports somewhere, the experts will be impeachable.

 

[Aedrys]

I saw that and I agree with what she is saying. However, I thought they could be used to impeach a witness on the stand should their testimony change. I asked her on the hearing thread. Hoping to get some clarification in re. the value of the (non)reports.

I've also asked in the lawyer thread for some clarifications on reports.

 

[kaRN]

This was brought up at today's hearing.
I realize that Baez wants as little in writing as possible, but how can you work with no written reports? Seriously?

You don't work without records and you would never testify without a copy of your records. EVER. The defense told their experts to destroy their records and shredded all of theirs IMO. There's no list of defense experts to contradict the states and won't be IMO.

 

[kaRN]

Reports are produced in part to protect the person making them in a court of law. No report, no documented protection for the reporter.
No report, no documentation of the testing done, methods used, variables, etc. etc.

It's like it never happened. That's what we're taught in school day 1.

 

[kaRN]

Agree..it's really odd. I don't understand how there could be no reports.

The scientists made reports but the lawyers didn't like them. No scientific work was done without constant reporting.
If it wasn't documented, it hasn't been done.

 

[Intermezzo]

For example, when they had their experts come in for that 2 day evidence review, one of the issues was that the defense be provided access to a room nearby to communicate privately. HHJP granted this because whatever was discussed between the defense attys and their potential experts can be considered work product and will not be discoverable. However, once a formal report is written and submitted it becomes a discoverable and they are obligated to turn it over to the SA. All these players know how to play the game. However, I thought I heard JA mention that he knew an assistant for Henry Lee waitasec: ?) was taking notes. Those would be probably be discoverable.

Could Baez or an associate be taking notes while the Expert is telling them what he/she found?
I would suppose that would not be discoverable since it was not the Expert who wrote the report.

 

[Melanie]

After watching many many trials, the experts are always there with huge notebooks in front of them. While being questioned they will very often say "can I refer to my notes". The trial is not until May, 2011 -- are all the experts supposed to rely on their memory?

This is one HUGE mistake for the defense, and the prosecution is gonna tear them apart at trial. In short, those experts will all be impeachable with no backup to fall back on.

MOO

Mel

 

[Melanie]

Could Baez or an associate be taking notes while the Expert is telling them what he/she found?
I would suppose that would not be discoverable since it was not the Expert who wrote the report.

Agreed - because Baez could write it to make his defense look good. His decision is a very bad one, and I'm quite shocked the experts went along with it. They might as well not bother showing up to court.

MOO

Mel

 

[Melanie]

Another question for our legal eagles -- how will the prosecution question any of these experts without reading their reports? It makes no sense to me.

ummmmm...mr expert....what did you do?

Yikes!

Mel

 

[Leila]

Sounds like shady tricks to me. No reports, no discovery. If they don't reduce it to writing, they don't have to turn it over. Only someone who was trying to hide something or "get one over on" would do something like this. If they had something helpful to ICA, they would have written a report, faxed it to the news outlets and called a press conference. JMO.

I think you've hit the nail on the head! It sounds like the defense expert witnesses cannot refute what the prosecution expert witnesses will testify to, backed up by their (prosecution) written reports. Hence, no written reports from the defense expert witnesses, as they would have to put in writing that they agree with the prosecution expert witnesses.

I agree too, that if the defense had discover something that would be favorable to Casey, they would have called a press conference to announce it.

 

[beach]

Could Baez or an associate be taking notes while the Expert is telling them what he/she found?
I would suppose that would not be discoverable since it was not the Expert who wrote the report.

If the attorneys wrote notes, they would be considered work product (e.g., HL reviews some item, then he, JB and CM go into the private room to discuss. If HL tells JB something and JB writes it down - then that is JB's work product). If HL made notes - or even an assistant of HL's - I don't think those would be considered work product. At least not once he is officially listed as an expert witness they plan on using at trial. (I feel pretty confident about that, but would really would like AZ or another atty to clarify for certainty. The scope of what can be considered work product can get a bit tricky.)

 

[beach]

Another question for our legal eagles -- how will the prosecution question any of these experts without reading their reports? It makes no sense to me.

ummmmm...mr expert....what did you do?

Yikes!

Mel

They would do it through depositions. That was the reason HHJP told the defense to disclose to the SA the exact nature and capacity of the subject each expert they planned to use. Without reports there would be no other way for the SA to prep for the depos.

 

[Searchfortruth]

JB says, in the first part of the hearing, that he "didn't ask the experts to write a report", didn't want to waste their time with "redundancy". Well, I translate that to mean his experts didn't find anything valuable to the defense. Had there been something beneficial to the defense, I think Jose would have it in writing.