2011.04.01 Frye Hearing (DISCUSSION THREAD) - AM edition

[Scamperoo]

OMG I lost my feed!!! ARRRRRGH!!!!

 

[Bon]

I am sitting here a nervous wreck, I will needs meds to watch this trial

 

[FaerieB]

JB's "AHA!" moment foiled again! :woohoo:

 

[tsitra01]

Looks like Baez attempted ambush again. Response from Baez coming up.

 

[shellsbells]

I was wondering if this was going to happen, it was only a matter of time. I don't think Baez took the Judge seriously when he said that opinions not in the experts reports would not be allowed. I'm glad JA called him out on it!

 

[Turnadot]

Baez...WINNING, duh!

 

[TiaM]

HHJP lecturing AGAIN about the rules of discovery and re-reading HIS ORDER -

JA: objecting because Furton is about to testify to something not included in his reports/opinons expressed in his depo.

JA is ticked off and it is clear he is not going to lie down while JB continues to attempt to ambush him.

IF HHJP lets Baez wiggle out of this AGAIN, it will happen during the actual trial. That's his goal - mistrial.

HHJP needs to clamp down on this once and for all.

 

[strawberry]

Judge going over rules of discovery. Says witness can only testify to what was in their report. JA saying that the report does not contain the info being testified to now.
JA says the expert didn't know the answer during depo and suddenly does know the answer now.

Hey! Just like Cindy!!

 

[LancelotLink]

SA objection to violation of discovery. In his depo, he didn't have an exact representation, now he does??
JA says, no way, Jose!
Furton depo Page 66. line 12 to 67 line 6, Furton was asked about compounds consistent with decomposition and he said he did not know. Now he has an updated knowledge, which was not turned over to the State.

First, Jose, says, he is testifying exactly the way he did in depo.
Then, he did his homework afterwards, he is such a good boy.
Now, the rules only apply to trial, not hearing.

Sorry, this rule was made VERY clear!!!

 

[strawberry]

I am sitting here a nervous wreck, I will needs meds to watch this trial

Just don't start taking them on the first day or you won't remember it until two years later.

 

[SuziQ]

JB: these rules only apply to trial, not here. Okay......

 

[FaerieB]

Now JB is trying to school HHJP?? LOL, Baez!

 

[shellsbells]

Baez is saying that the rules only apply to the trial and doesn't apply to the hearing. JJBP basically said a minute ago "you guys say your piece, I already know the answer", so I'm looking forward to his judgement on this.

 

[SeaNymph]

First thing that came to mind when she said she searched for the contents in Febreze was, oh heck are they now going to say that Cindy did all them searches on the computer for neck breaking and such do to her job? Who knows anymore. But this 5 min was long.

...and consider it took 4 1/2 mins for MY lightbulb to go off and think, 'Hmmm, can't be THAT hard to find'.

 

[QB.]

JB says the court ordered that these rules/limitations would apply to trial only. Says JA asked the rule to be applied to hearings as well and says he recalls that it was ruled on to apply to trial only.

 

[wenwe4]

JB i would like to clarify something with the court's order - the order applies to trial not the hearing. the limitation to have an expert to testify to only to trial. don't know if mr. ashton will stand up and admit to that in court. my co-counsel mason will tell you that is what we heard as well. to restrict them on their expert opinion

 

[Bon]

Just don't start taking them on the first day or you won't remember it until two years later.

:great:

 

[FaerieB]

"I know what I heard and my co-counsel Mr. Mason heard it as well." ROTFLMAO! How many times are they going to pull this?

 

[beach]

Just don't start taking them on the first day or you won't remember it until two years later.

:laughcry:

 

[wenwe4]

JA courts order was specific- reports to contain all of the opinions experts were going to give. when you said only at trial - i feared this was going to come. you never said hearings were free for all.