2011.04.01 MOD ONLY: Frye Hearing Summary (READ ONLY)

[snowshuze]

OMG Judge us YELLING. <thud>

 

[cloud9]

WOW!!!!!!!!!!!!!!!!!!!!!!

JA showing witness was holding back information!!!!!!!!

 

[Chiquita71]

The witness does not recall. The witness will not answer when he told the defense of his new(findings...I don't know if that is the right word). The judge said he has heard enough.

The judge asks if it changes the witness's prior opinion. The witness says no.

JA is speaking about what has been withheld from them. The judge is saying his opinion has not changed but the SA feels there is additional research going into that opinion and says that is different.

 

[wenwe4]

JA he is changing his testimony. this is a crucial piece of information that i would have discussed with dr. vass.
HHBP it hasn't changed his opinion
JA his opinion before was "i don't know i haven't looked at them" and now he has supporting research.

 

[sleutherontheside]

JB getting schooled about his exhibit. Read....WARNING MR. BAEZ!!!!!!!!!!!

 

[TiaM]

HHJP disapproves - but that's it. No sanction, no warning.

JB already withdrew the exhibit in question, HHJP said if he didn't, he wouldn't be able to use it, but that's it?

Personally, this witness cannot hold a candle in experience or testimony to Dr. Vass.

 

[A_News_Junkie]

HHJP disapproves - but that's it. No sanction, no warning.

JB already withdrew the exhibit in question, HHJP said if he didn't, he wouldn't be able to use it, but that's it?

Personally, this witness cannot hold a candle in experience or testimony to Dr. Vass.

I think he did warn in saying had you submitted that exhibit to the court it would have been a CLEAR Violation.
Mr. Ashton - next time let him submit it!

 

[Chiquita71]

Jose is asking about the "Voss study" asking about Dr. Voss.

 

[Softail]

Another Discovery Violation.

JA - The order said only what was in the reports. Not Here is some, and we will get the rest later.

 

[logicalgirl]

JA again stating the DT witnesses are only giving half of the information and then offers further information at trial. JB saying I cannot ask this witness about everything he knows about everything he has learned in the last 30 years.
HHJP will allow this witness and if the state needs to redo this witness he can - HHJP will have read every last report before trial. If somebody gets up there and talking about something that isn't disclosed, somebody is hiding something the testimony will be stricken and the jury told to disregard it.

 

[FaerieB]

I missed CA so I can't wait for tonight either!:woohoo:

CA's testimony is up. http://www.wesh.com/r-video/27397010/detail.html

 

[Chiquita71]

HHJP: you folks do not understand proper court procedure. HH is speaking about being prepared for the trial, having copies of reports, etc. Saying a good officer of the court comes prepared.

 

[Softail]

YIKES!!!

Judge - So called GOOD Trial Lawyers have copies of documents for the court and opposing counsel.

 

[SuziQ]

Start behaving as if your are at trial. Have courtesy copies for your opponent. Don't do this at trial. If you don't have a copy to share....don't use it.

 

[sleutherontheside]

Judge: "Mr. Baez I do not need you to editorialize."

THEN.....JB used the Judge's exact question. Way to CYA JB.

 

[Chiquita71]

Jose asks witness to look at picture and asks what it is, (witness)says, "looks like household trash" the witness says a "soda can" can break down like decomp??? JA has objected...

The judge can let this in...if I were on a jury this witness would not impress me.

Gas cans, soda cans can give off false readings...GAS CANS...hummm...hum?

 

[FaerieB]

Bringing up JB's stipulation again. JB: "That's an incorrect interpretation of the stipulation."
JA: "The stipulation is clear."
HHJP: "Let me see the stipulation again."

 

[FaerieB]

"Be prepared to pull out $100 if you two start talking to each other."

 

[Chiquita71]

JA is saying we went through this already. Jose is arguing the interpretation, says he is not challenging the gcg(gas chromatograph) but the collecting of the evidence.

The judge says, gentlemen if you start talking to each other pull out a 100 dollars, each time you do it without and "objection" you can feel free to expound but it is going to cost you.

IMHO HHJP is ready to get this moving. (amen).

 

[Chiquita71]

The experiment begins with the collection process. That is what I am asking this witness. I am not asking about the gas thing or the LIBS. He maintains he is asking about the collection process.

DS is speaking now.