2011.04.01 MOD ONLY: Frye Hearing Summary (READ ONLY)

[shellsbells]

He was given reports, Dr Voss' reports, and reviewed depositions of FBI chemist, K9 handler, and offered a report of his own.

Now we're talking about ethics... wait, is he trying to get this guy to say Dr Voss was unethical?

 

[BigFatMommyDog]

Furton describes his review of pertient case data - Vass' work, depositions of science guys

Describes professional organizations to which he belongs (this is prob to impeach Vass' lack of membership). Describes "codes of ethics" required by orgs --

Baez tries to ask about Vass and lack of membership

Objection & Sustained

 

[BigFatMommyDog]

Baez goes back to questioning Furton about his work identifying human remains - Furton has produced papers and studies - was among to first to do so - cites inconsistency among studies (various experts)

Standard of Odor of decomp NOT generally accepted in Sci community

 

[MD MOMMY]

Approaching the bench...JA has an issue. I couldn't hear him though.

 

[FaerieB]

Did JA say "We have a discovery violation?"

 

[TigerBalm]

5 min courtroom break

 

[MADJGNLAW]

Mason is not happy...:fence:

 

[Tiki]

per WESH:
discovery violation;
Perry not happy!!

 

[QB.]

Is the SA in a private meeting with the judge? I see the defense team in the courtroom but not presecution or the judge.

 

[beach]

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.

 

[QB.]

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.

 

[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!!!

 

[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.

 

[SuziQ]

JA explaining that HHJP never said that hearings are a free for all and discovery rules don't apply.

 

[Softail]

JA - This is CLEARLY AMBUSH! Sanctions should be issued.

 

[wenwe4]

jb he gave this opinion, he did the follow up to represent to the court in an honest truthful way. i don't see how that could be wrong - it was not prompted by counsel it was on his own. i understand the states frustration that the witness followed up on his depo

HHBP he researched and changed his opinion?

jb no he did not - he held the same opinion - never changed opinion ever. the case mr ashton is referring to is wrong for that fact

 

[QB.]

JB says he will withdraw this. But says it wasn't willful. He says the witness just did his homework, doesn't see how it could be wrong and says it is to educate the court as best he can. JP is asking if he researched his opinion and changed them? JB says no , he has same response , did not change his opinion , he is just being more thorough.

 

[Softail]

Judge allowing JA to question the witness regarding whether or not he changed his opinion.

Since the time of his depo, a student did a paper on the subject.

 

[QB.]

The witness responding to questions asked by JA now. Says he did some research to support the answers he gave in depo, as far as I understand this Q&A

 

[Softail]

JA pissed.

Judge mad and told everyone to BE QUIET.