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

[ziggy]

Sorry OT, but I was listening to an audio teaching course on Evidence for my upcoming exam and during the part about expert testimony the guy teaching the course points out H. Lee as a big time expert and says, "man, that guy is just a prostitute!". I LOL.

 

[The World According]

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.

If your R N stands for registered nurse, I know you come from a place of reports, reports, reports, careful, comprehensive reports so you know hinky when you hear it!!!! Thanks for helping us here so very often with your insights.

 

[The World According]

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

What date did the judge give for all of the reports to be filed, now that he laid down that court order for them to be produced? It seems Cheney was telling the judge that they are going to file objections to his order. I would be interested to see transcripts of Cheney's past trials, surely to God he has had to cooperate with the state and file the expert's reports, the discovery rules demand it. He has been at this for forty years! How can he act shocked by this fundamental requirement?
I am not being a smart Alec. I am asking some of our local members that perhaps have seen this matter arise in local cases, help me, please!!!!!!!

 

[The World According]

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

You are right, these folks are not going to let Jose Baez's very misguided, ill advised trial strategy reflect on them poorly professionally, so if there is any danger of that.....they will not be playing ball. I know I wouldn't let anyone put my professional reputation at risk, ever, least of all someone who the court is already sanctioning. Can I get a witness?

We may wind up with a very narrowed expert list indeed. I think you are spot on, Mel. Dr. Lee , for example, is hardly staling over the cost of a few plane tickets that he writes off on his income taxes anyway.

Where is the link to the hearing that day that Baez claimed they had no reports? Jeff was hysterical. I must see that again. I bet he and Linda crack up in their car rides, one cannot be angry, it is just too pitiful. On the other hand, Mr. George said the prosecutors have 80-100 cases on their desk at any given moment, so ....yes I imagine they are appauled at the time wasted on what should be a relatively straight forward case, meanwhile they have other families calling demanding updates and justice on their cases. Wow. I stand corrected, they must be pissed off on those car rides.

 

[The World According]

By the way the case law he often sites seems to prove the prosecution's rather than his position, it is obvious that searching relevant case law is not Jose's ever elusive strong suit, but he can google can't he?

Results of a two second google search
when a lawyer asks and expert not to prepare a report
when a lawyer asks and expert not to prepare a report ×


Web History | Search settings | Sign in
Advanced searchAbout 11,700,000 results (0.28 seconds) Search ResultsPersonal Injury Law (Accidents/Slip & Fall): Expert Witness, fort ...Mar 17, 2010 ... Take the expert's emails with you. Ask about the presentation that is ... There are strategic reasons for not having the expert prepare a report prior to trial. Whenever an expert prepares a report, the report becomes ...
en.allexperts.com › Personal Injury Law (Accidents/Slip & Fall) - CachedExpert Witness PreparationAccording to another author, lawyers should prepare the expert in these areas: ... of documents already produced to the other side, such as an expert report. ... and trial questions for the opposing expert; if not asked, I volunteer. ...
www.expertlaw.com/library/expert.../expert_witness_prep.html - Cached - SimilarWhen is an Expert not an Expert? :: Halifax Personal Injury Lawyer ...Mar 10, 2010 ... To ask Mr. McCready, when he had the report, if he ever considered ... “An expert is not treated as an expert when his or her opinion is an ...
www.halifaxpersonalinjurylawyerblog.com/.../when_is_an_expert_not_an_ exper.html - CachedA Lawyer's Code of Expert Ethics - IMS Expert ServicesG. A lawyer may ethically ask an expert witness to disregard certain ... to prepare for trial or deposition, provided the lawyer does not seek to ... G. A lawyer shall not draft or dictate the contents of an expert's written report. ...
www.ims-expertservices.com/.../a-lawyer's-code-of-expert-ethics.asp - Cached - SimilarHow to Deal With Lawyer Questioning of Expert Witnesses That Limit ...Nov 7, 2010 ... If they do not explicitly ask for all of your opinions, ... all the opinions that you wrote in your report, you may not be allowed to express them in .... Preparing for and Understanding Depositions as an Expert Witness ...
searchwarp.com/swa651248-How-To-Deal-With-Lawyer-Questioning-Of- Expert-Witnesses-That-Limit-Your-Answers.htm - CachedAIA Expert Testimony Presentation - Accurate Building Inspectors ...Try to think outside the box to help the lawyer prepare the case for the client. .... If you are not asked for a report do not write a report but keep all ...
www.accuratebuilding.com/.../aia_expert_testimony_presentation.html - CachedExpert Reports: Should Lawyers Keep Hands Off?Oct 6, 2008 ... Inevitably, the expert will be deposed and "may be asked about every draft ... and prepare the expert well before the report is ever written, lawyers agree. " The trial lawyer's involvement in the expert witness's report should ... he or she does not confidently believe will write a favorable report. ...
articles.practice.findlaw.com/2008/Oct/06/517.html - CachedMethods for Helping your Lawyer Prepare to Question an Opposing ...Nov 8, 2010 ... There are extra roles that an expert witness is sometimes asked to ... expert's deposition carefully will help your lawyer to prepare a ...
www.articlesbase.com/.../methods-for-helping-your-lawyer-prepare-to- question-an-opposing-expert-witness-3630360.html - Cached[PDF] Lawyer's Code of Ethics - Proposed: A Lawyer's Code of Expert EthicsFile Format: PDF/Adobe Acrobat - Quick View
Ask five lawyers an ethics question about the use of expert witnesses and you ... A lawyer may ethically assist an expert witness to prepare for trial or ... A lawyer shall not draft or dictate the contents of an expert's written report. A lawyer may properly guide an expert on the format of the report and the ...
www.jdsupra.com/documents/cfebdf03-a351-4dad-8335-d31a37b4c586.pdf►Examination of Expert WitnessesDiscuss any weaknesses in your expert's report, and how they might be dealt with in court. ... Do not simply ask the expert to describe his/her c.v. Some experts will be ... If the other lawyer does not allow your expert ample opportunity to ... prepare for the other side's arguments, and advise him/her of relevant ...
www.economica.ca/ew13_2p2.htm - Cached - Similar

LexisNexis ( I always picture Jose shielding Casey with his free LN umbrella when she was released from jail )

 

[Aedrys]

You are right, these folks are not going to let Jose Baez's very misguided, ill advised trial strategy reflect on them poorly professionally, so if there is any danger of that.....they will not be playing ball. I know I wouldn't let anyone put my professional reputation at risk, ever, least of all someone who the court is already sanctioning. Can I get a witness?

We may wind up with a very narrowed expert list indeed. I think you are spot on, Mel. Dr. Lee , for example, is hardly staling over the cost of a few plane tickets that he writes off on his income taxes anyway.

Where is the link to the hearing that day that Baez claimed they had no reports? Jeff was hysterical. I must see that again. I bet he and Linda crack up in their car rides, one cannot be angry, it is just too pitiful. On the other hand, Mr. George said the prosecutors have 80-100 cases on their desk at any given moment, so ....yes I imagine they are appauled at the time wasted on what should be a relatively straight forward case, meanwhile they have other families calling demanding updates and justice on their cases. Wow. I stand corrected, they must be pissed off on those car rides.

I think they have to laugh in the car about it or they would go bonkers. After dealing with Baez and co. hearing after hearing, I bet that car ride back to the office is a hoot. They do say laughter is the best medicine, and they need LOTS of medicine to get through this!

 

[The World According]

http://www.wftv.com/video/25949344/index.html
God bless Judge Perry he says folks we need to complete our work by 1:40, I am in trial and have a jury coming back at 1:45


I am glad I watched this again. Indeed Cheney Mason WAS present when the matter was discussed about the judge telling Baez he could drop his digital recording off to the court and it would be transcribed for a very reasonable fee ( the one from Oak Ridge labs).
Mason stood in court the other day and said he had NO KNOWLEDGE OF THIS. What the hell? How does he get by without sharing in the sanctions while he lies ( or cannot recall from a few weeks ago )?
Also, he sat right there and heard the judge's order about the experts, indeed he took notes!!! How does he get a pass when the defense team does not comply?

I have a question, here we ask for documents from the deponent in advance of the depo. The judge is mentioning that here, but it doesn't seem to be a practice either side is utilizing. For example, the judge wants to know why Mr. Ashton doesn't simply subpoena any compensation agreements and have the expert bring them to the depo. Likewise, couldn't Baez have simply did that for Joe Jordan, subpoenaed him to provide photos, bring them to his depo, then his lawyer could respond if he objected to providing them, or simply answer, Mr. Jordon has no photos of Suburban drive? If the rules provide for it, and it is so simple and perfunctory, why aren't they at least trying that, before asking for the judge to intervene? Don't you go to the judge as a LAST resort? I don't blame the state, I know the defense does not follow the rules, but I am asking why the step is skipped. I must have a poor understanding of the rule there. Help!

[ame]http://www.youtube.com/watch?v=tkPHDQ1Rlcc[/ame]
http://www.wftv.com/video/26196888/index.html

 

[LancelotLink]

I think they have to laugh in the car about it or they would go bonkers. After dealing with Baez and co. hearing after hearing, I bet that car ride back to the office is a hoot. They do say laughter is the best medicine, and they need LOTS of medicine to get through this!

I believe they show alot of restraint not laughing out loud in court. I do recall one of the earlier hearings, where Ashton was shaking his head laughing at something Baez was saying. I'm still looking for that hearing, it was one of those priceless moments!

Seek and ye shall find...
1/30/2009 hearing with Baez calling TES agents of the state...

 

[whiteangora]

Sorry OT, but I was listening to an audio teaching course on Evidence for my upcoming exam and during the part about expert testimony the guy teaching the course points out H. Lee as a big time expert and says, "man, that guy is just a prostitute!". I LOL.

And what is the name of a Prostitute's boss? I want to say it soooo badly......but I think I'd get slapped with a TO.
Does JB have a fur coat and a big feathered hat?

 

[Bittiness39]

If he has more than two expert witnesses (related to the evidence...not for the penalty phase/mitgation) I will be colored so surprised.

I mean, is he ever going to turn in these report? I can't imagine these witnesses, whomever they are, are stalling on purpose with getting information to him. JMO.

If they are stalling...then these are the expert witnesses...caught on film/in one grouping...(lol...but still...I would imagine it would be hard for them to generate reports of any kind) Little Bitty has sussed them out...this must have been after a group meeting...

The above picture, is only my opinion. I have no proof that these are the actual expert witnesses...lol...but I am not saying they are not...either...

 

[krisskross]

If he has more than two expert witnesses (related to the evidence...not for the penalty phase/mitgation) I will be colored so surprised.

I mean, is he ever going to turn in these report? I can't imagine these witnesses, whomever they are, are stalling on purpose with getting information to him. JMO.

If they are stalling...then these are the expert witnesses...caught on film/in one grouping...(lol...but still...I would imagine it would be hard for them to generate reports of any kind) Little Bitty has sussed them out...this must have been after a group meeting...

The above picture, is only my opinion. I have no proof that these are the actual expert witnesses...lol...but I am not saying they are not...either...

I can't wait to see if Henry makes the cut.

 

[LambChop]

From what I can remember when my husband was a PI, if he had disturbing news about an investigation that did not favor the client he would verbally give the information to the attorney and ask if he needed a report. You can guess what the answer would be.

 

[Bittiness39]

From what I can remember when my husband was a PI, if he had disturbing news about an investigation that did not favor the client he would verbally give the information to the attorney and ask if he needed a report. You can guess what the answer would be.

Lemme guess...the attorney would say, "No report." :great:

TY for that bit of insight. The closer we get to the May trial date, the more one wonders if it has truly sunk into JB's brain that there will "be no surprises at trial. No trial by ambush." Has it sunk in?

 

[strawberry]

I believe they show alot of restraint not laughing out loud in court. I do recall one of the earlier hearings, where Ashton was shaking his head laughing at something Baez was saying. I'm still looking for that hearing, it was one of those priceless moments!

Seek and ye shall find...
1/30/2009 hearing with Baez calling TES agents of the state...

Wasn't that the one where LDB finally had it? And she said the public wasn't paying attention to "one miss Casey Anthony"? I picture her talking and him trying not to bust a gut behind her.

 

[faefrost]

From what I can remember when my husband was a PI, if he had disturbing news about an investigation that did not favor the client he would verbally give the information to the attorney and ask if he needed a report. You can guess what the answer would be.

Well yes. The defense does not have to provide evidence that supports the prosecution. But I'm betting that at the same time, when your husband did give those negative verbal reports, that the defense team typically did not use him as a witness or subject him to deposition?

 

[Scamperoo]

I see Mr Baez as very sneaky, I think he may not provide reports

and force HHJP into disallowing his expert witnesses thus Mr Baez can claim the first trial was compromised because his experts weren't allowed to testify.

 

[logicalgirl]

I see Mr Baez as very sneaky, I think he may not provide reports

and force HHJP into disallowing his expert witnesses thus Mr Baez can claim the first trial was compromised because his experts weren't allowed to testify.

I think that will work for a little "fun Jose post trial" media bite, but no way is an appeals court going to buy it.

 

[kaRN]

If your R N stands for registered nurse, I know you come from a place of reports, reports, reports, careful, comprehensive reports so you know hinky when you hear it!!!! Thanks for helping us here so very often with your insights.

Thanks TWA! It does stand for RN and you know my real name so...aren't I clever? lol not. I was an obnoxious broken record for a while here over the reports or lack of them but have since been vindicated by the judge which is always a good thing when you argue a point passionately. Caylees truth will not be supressed. Yeah BP!!!
If it isn't documented in the world of scientific discovery, it wasn't done. That's the rule. A true professional is accountable to his or her peers first, not any lawyer unless your profession is law. In my world for example, If some lawyer tells me it's okay not to wear gloves when exposed to his or her body fluids or that I don't need a mask or that it's okay not to document their visit I smile sweetly and perhaps attempt to explain but either way I ignore their requests. My profession demands that. So did Dr Bock smile and do her own thing in her own way. Kudos to her!! Her peers expect reports to be generated and they were.


So will JB be disbarred if (when) his fine cheque bounces????? Please say yes!!:great:

 

[Scamperoo]

I think that will work for a little "fun Jose post trial" media bite, but no way is an appeals court going to buy it.

I don't think almost anyone is buying what Mr.Baez is selling to be honest but it won't stop him from trying.

 

[LambChop]

Well yes. The defense does not have to provide evidence that supports the prosecution. But I'm betting that at the same time, when your husband did give those negative verbal reports, that the defense team typically did not use him as a witness or subject him to deposition?

I believe many of the attorneys he worked for wanted to know the truth and that is why they would have him investigate so they would not have any surprises. The worst, very, very worst clients are the liars. Once a person threatened to sue my husband because he told the attorney my husband tried to get him to confess. Not so, ever, would a professional PI do that. The attorney was sharp and with information my husband provided, which was unknown to the client, he was able to get the truth from the client.

JB has a nightmare of a client and he knows it. jmo