2011.01.25 Defense Requests More Time to Submit Expert Reports

[LancelotLink]

bbm

I know, right? it's a unique opportunity to go to a place of interest, for sure!

I agree with sumbunny, too. The lack of response is eerie. Something has to happen today, no? If Perry doesn't grant this motion today, then the defense hasn't complied, right? What the heck is going on here?

Everything with him is unique. "This is a unique case." "These are unique circumstances." "My client has a unique was of phrasing things." "My co-counsel has unique language skills." "We now have a unique opportunity."

I remember when the word unique used to stand for something.

 

[LancelotLink]

I'm still trying to figure that one out. Apparently no one has ever told JB that defense expert witnesses, particularly scientific experts are not supposed to be part of the defense team. They aren't supposed to be part of any team. They are supposed to be a part of any "team". They are supposed to come in and give the impression that they are impartial independent witnesses who have a solid expert opinion on their small piece of the case. They are not supposed to be collaborating with other defense witnesses beyond the actual handling of the evidence in question. Putting them all together in one place to talk about the case undermines their credibility and believability. They are not their to investigate the case or give the whole picture. That is the defense attorneys job. They should not be seen as operating as a group in order to all end up on the same page.

BBM
Mayhaps you have figured it out after all.

 

[LancelotLink]

Baez has been pulling these stunts since he first accused his experts of not being able to figure out the server. Remember this little gem, "Our experts are beyond the age of technology"? This case has been goin on since 2008, and it seems Jose is literally just starting on the evidence!!

Websleuths Crime Sleuthing Community

I DO!! I thought that it made no sense then. And guess what? It didn't!!

 

[LancelotLink]

Originally Posted by lauriej
Websleuths Crime Sleuthing Community - View Single Post - List of Motions **NO DISCUSSION HERE PLEASE**

12/16/2010 Notice of Taking Deposition(s) Via Skype / Webex
State taking deposition of Defense Expert Dr. Barry Logan on January 18, 2011

..how can baez possibly state in his motion that "the undersigned has made multiple attempts to reach" him, apparently to no avail------when they had him right there via skype last week??



Ashton said in the Jan 14th Hearing that he had to cancel some scheduled depositions of Defense Experts, but did not say specifically which ones. Dr. Logan was set for depo Jan 18th. Baez says in his Jan 25th Motion for more time, that anticipates being able to comply with the Court's Order "prior to his deposition".... so, that implies that Dr. Logan has not been deposed by the State yet, not done on January 18th, as scheduled.

There has not been any official Notice of a new date for deposition of Dr. Logan, filed with the Clerk - and no Notice of cancellation of the Jan 18th deposition filed with the Clerk.

I bow to your miracles, keeping up with this when it seems that not even the court can keep up or much else on occasion.
From one chimp to another, my hat is off to you!

 

[kaRN]

http://www.wftv.com/pdf/26455761/detail.html
Cheney Mason in his own words in this document sets out that she is going to be a rebuttal witness. These two are really trying the judge's patience, he and Baez. woooooahhhh.

quote
Found it!! I knew I remembered her saying she was on the Casey Anthony defense team and would be testifying.

"I've been told I will definitely be testifying" Kathy Reichs said in 2009
http://today.msnbc.msn.com/id/32544789/ns/today-today_books/

Here is the important Q and A

Reporter: You have been brought into the Casey Anthony defense team.

"Are done with your report? Have you submitted your report? Will the defense team want to use what you have concluded?", the reporter asked her


"I have completed that phase of my work, but it is an ongoing process and all of the members of the defense team constantly work together and keep one another informed as to what is going on".
So , out of her own mouth,she completed her work two years ago!!!!!

When the defense did not produce the proper expert's reports...they whined and misled the judge, with excuses like it's the holidays, they are traveling, they need time to prepare these reports, I have never asked them to.....it is the prosecutors fault, we are playing catch up; because, they keep throwing more at us...yada yada yada.
The judge told the defense he just does not believe them on this issue. I have been doing this for over thirty years and I just simply do not believe that these experts are of no opinion and or that you have no idea what these experts who are billing the taxpayers, are opining, he told them. (paraphrased) I concur.
There is zero chance, literally zero chance that she examined the skeleton, released it to the funeral home never to see it again, has a photographic memory and did not find a need to memorialize her conclusions. There is a report alright, or I am Mother Teresa!!!!
BAAAAAM!
Like I said earlier, she is a wealthy woman, and her being in location B does NOT prevent her from having her staff go in her office pull the file and fed ex the papers to her to sign, and fed ex to Cheney Mason. The defense wants to use words like ..likely wont be testifying, etc. That is not going to cut it. Either she is on the witness list and they hand over the report or she comes off the witness list. Put up or shut up."
http://www.wesh.com/video/25882964/index.html
http://www.wesh.com/video/26611998/detail.html
Perhaps Ms. Finnell can help the boys with the rules, she sure seems to know to list everyone and then decide at trial who she will actually call. Good grief!!!

I also love you in case I haven't told you recently TWA!!! With respect to the bolded by me red portion above. She would have signed them when she prepared them and then ammended them as new data affected her previous conclusions and re-signed and dated them again IMO. Joypath would know for sure and explains these things better than I lol! :crazy:

 

[LancelotLink]

I also love you in case I haven't told you recently TWA!!! With respect to the bolded by me red portion above. She would have signed them when she prepared them and then ammended them as new data affected her previous conclusions and re-signed and dated them again IMO. Joypath would know for sure and explains these things better than I lol! :crazy:

This all just reminded me of how JB went after Bloise on the stand when beating him over the head about his "report." I hope JB gets questioned just as intensely as he did Bloise.

 

[The World According]

Did I read somewhere on here that Dr. Spitz is having some sort of surgery?
KA RN Thank you so much you always help me with the technical medical stuff and I sure need it. I am always glad when you just say no.....that is not what a professional would do...no Mr. Baez......no

 

[The World According]

[ame]http://www.youtube.com/watch?v=A_EbkQNILO4[/ame]

[ame]http://www.youtube.com/watch?v=j9y26q7zllc[/ame]
[ame]http://www.youtube.com/watch?v=TsJ08vmHbOU[/ame]

 

[A_News_Junkie]

Did I read somewhere on here that Dr. Spitz is having some sort of surgery?
KA RN Thank you so much you always help me with the technical medical stuff and I sure need it. I am always glad when you just say no.....that is not what a professional would do...no Mr. Baez......no

He has had two so far......Dec 24 and Jan 4
http://www.wlwt.com/download/2011/0125/26613859.pdf

 

[cleo612]

Everything with him is unique. "This is a unique case." "These are unique circumstances." "My client has a unique was of phrasing things." "My co-counsel has unique language skills." "We now have a unique opportunity."

I remember when the word unique used to stand for something.

LOL, I remember when it stood for something unique.

 

[kaRN]

This all just reminded me of how JB went after Bloise on the stand when beating him over the head about his "report." I hope JB gets questioned just as intensely as he did Bloise.

Me too!! We'll need Depends and buckets for his answers though I really think faefrost got JB's number bang on a few pages back. Legal Sociopath indeed!!!

 

[kaRN]

Did I read somewhere on here that Dr. Spitz is having some sort of surgery?
KA RN Thank you so much you always help me with the technical medical stuff and I sure need it. I am always glad when you just say no.....that is not what a professional would do...no Mr. Baez......no

Awww tks TWA!
You should see how anal the documentation gets when the patient is...........a lawyer lol!!
Dr Spitz had a perforated bowel. Emergency surgery on Dec 24 and then more on Jan 4. He's unable to testify in the Widmer trial until March.
That's assuming he has no complications and he may. You know here's another example of JB pulling a KC and lying just for the sake of it rather than tell the truth. Dr Spitz has medical concerns which have delayed the completion of his report. The truth wasn't sexy enough for JB though. Dr Spitz is waiting on some mystery results required to complete his report. Yeah, right.

 

[faefrost]

Awww tks TWA!
You should see how anal the documentation gets when the patient is...........a lawyer lol!!
Dr Spitz had a perforated bowel. Emergency surgery on Dec 24 and then more on Jan 4. He's unable to testify in the Widmer trial until March.
That's assuming he has no complications and he may. You know here's another example of JB pulling a KC and lying just for the sake of it rather than tell the truth. Dr Spitz has medical concerns which have delayed the completion of his report. The truth wasn't sexy enough for JB though. Dr Spitz is waiting on some mystery results required to complete his report. Yeah, right.

I feel and pray for Dr. Spitz. But with the type of injury and surgery he has had, and given his greatly advanced age, he will be lucky to be out of the hospital and under the care of skilled nursing care by the time this trial starts. Given the massive recovery involved I can't see any way that Dr. Spitz himself will be available. Probably the only hope is if the good doctors son, also a well know pathologist can consult with him and assemble and testify to his findings from notes... or maybe his report...oh wait!

 

[Aedrys]

Awww tks TWA!
You should see how anal the documentation gets when the patient is...........a lawyer lol!!
Dr Spitz had a perforated bowel. Emergency surgery on Dec 24 and then more on Jan 4. He's unable to testify in the Widmer trial until March.
That's assuming he has no complications and he may. You know here's another example of JB pulling a KC and lying just for the sake of it rather than tell the truth. Dr Spitz has medical concerns which have delayed the completion of his report. The truth wasn't sexy enough for JB though. Dr Spitz is waiting on some mystery results required to complete his report. Yeah, right.

:waitasec: Wait a minute, this happened in December, and Jose is just NOW bringing it up a month later? Not, say, at the last status hearing, or any hearing since December 24th? Either he wasn't told until now, or didn't want to use this as an excuse until he absolutely had to. Surely he was contacted shortly after the first surgery about Dr. Spitz! Well, unless like the other experts, Dr. Spitz wasn't returning his calls...

 

[Kentjbkent]

:waitasec: Wait a minute, this happened in December, and Jose is just NOW bringing it up a month later? Not, say, at the last status hearing, or any hearing since December 24th? Either he wasn't told until now, or didn't want to use this as an excuse until he absolutely had to. Surely he was contacted shortly after the first surgery about Dr. Spitz! Well, unless like the other experts, Dr. Spitz wasn't returning his calls...

Wait...now I am getting confused....

I thought one of our members is the one who sleuthed out the health issue with Dr Spitz based on a court document from a DIFFERENT case that Dr Spitz is definitely an expert witness in?

Have we actually seen anything from Baez that refers to Dr Spitz being anything other than "unavailable to him" or unreachable? Has Baez even made a verbal comment in a hearing or written comment in court doc in THIS case concerning the availability of Dr Spitz??

 

[Aedrys]

Wait...now I am getting confused....

I thought one of our members is the one who sleuthed out the health issue with Dr Spitz based on a court document from a DIFFERENT case that Dr Spitz is definitely an expert witness in?

Have we actually seen anything from Baez that refers to Dr Spitz being anything other than "unavailable to him" or unreachable? Has Baez even made a verbal comment in a hearing or written comment in court doc in THIS case concerning the availability of Dr Spitz??

No, but if he had been trying to say, get a report, from Dr. Spitz a month ago or few weeks ago, surely someone would have told him that Dr. Spitz wasn't able to do so because he's in the hospital. Or surely Spitz would let the lawyers know as soon as he could that he was unavailable to testify. The only thing from Baez was saying that he couldn't get a report and the reason needed to be under seal. Seems like he should have brought this up a lot sooner, like, as soon as he knew, not when he needed another excuse to not get a report.

Then again, we don't know when he knew, but something smells hinky here to me that he's just now wanting to let HHJP know, under seal, about Dr. Spitz when he's begging for even more time to get reports when he's already been slapped down what, twice about it?

And that's assuming that what JB wants under seal is about Dr. Spitz's medical status. I guess I'm doing a little stretching here. Sorry if I wasn't supposed to do that.

 

[faefrost]

Wait...now I am getting confused....

I thought one of our members is the one who sleuthed out the health issue with Dr Spitz based on a court document from a DIFFERENT case that Dr Spitz is definitely an expert witness in?

Have we actually seen anything from Baez that refers to Dr Spitz being anything other than "unavailable to him" or unreachable? Has Baez even made a verbal comment in a hearing or written comment in court doc in THIS case concerning the availability of Dr Spitz??

I believe that JB did communicate this specific information to the judge in private or under seal in order to not publish Dr. Spitz's personal medical information. One of the attorneys had commented that it was the first ethical thing they have seen JB do.

 

[strawberry]

I believe that JB did communicate this specific information to the judge in private or under seal in order to not publish Dr. Spitz's personal medical information. One of the attorneys had commented that it was the first ethical thing they have seen JB do.

Wasn't it in the motion for reconsideration or another motion that one of the reports had a "compelling (another of his favorite words) reason" that had been communicated to the State?

ETA: Didn't see it in that motion, but saw this: "It may be further noted that Dr. Lee had sought access to the recover sight (spell much?), (should be a semicolon or period) he was thwarted (lol) in the ability to potentially (ICA's favorite word) learn and subsequently testify to any other criminalistics (ie plant (verb not noun)) evidence."

Give me a break! They're still whining about Dr. Lee being kept from a crime scene!! And using it as an excuse for his failure to come up with anything to help them!

 

[AZlawyer]

Wasn't it in the motion for reconsideration or another motion that one of the reports had a "compelling (another of his favorite words) reason" that had been communicated to the State?

ETA: Didn't see it in that motion, but saw this: "It may be further noted that Dr. Lee had sought access to the recover sight (spell much?), (should be a semicolon or period) he was thwarted (lol) in the ability to potentially (ICA's favorite word) learn and subsequently testify to any other criminalistics (ie plant (verb not noun)) evidence."

Give me a break! They're still whining about Dr. Lee being kept from a crime scene!! And using it as an excuse for his failure to come up with anything to help them!

But Dr. Lee had "perspective ideas" and could have "reached out" to LE if they would have let him be there!

 

[The World According]

I feel and pray for Dr. Spitz. But with the type of injury and surgery he has had, and given his greatly advanced age, he will be lucky to be out of the hospital and under the care of skilled nursing care by the time this trial starts. Given the massive recovery involved I can't see any way that Dr. Spitz himself will be available. Probably the only hope is if the good doctors son, also a well know pathologist can consult with him and assemble and testify to his findings from notes... or maybe his report...oh wait!

Of course, we all hope for the elder Dr. Spitz full and swift recovery. You are spot on....the chances of him being at this trial in May to testify are remote, imo. I want to preface my remarks with again....I hope ALL GOOD THINGS for this Dr.

I do want to mention that calling his son to the stand, again, with due respect, would be a disaster, not because he is not fully capable. He is. He had laughed out loud on national TV at the preposterous stance of the defense and Cindy Anthony's claims regarding the dogs, the pizza, etc. He , at least then, did not appear to have been remotely phased by the fact that his pop was on the defense team. I must find it for you, he literally laughed, aloud. If the elder Dr. Spitz is unavailable, they better keep shopping and skip over his son, respectfully.