2011.04.01 MOD ONLY: Frye Hearing Summary (READ ONLY)

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Baez asking the witness about fatty acids and what causes them.

Living things.
 
Baez asking the witness about fatty acids and what causes them.

Living things.
 
JB - are the four fatty acids found in only human decomp or anywhere else
KF - no found in every day products, milk, cheese (Velveeta)
 
JB - are the four fatty acids found in only human decomp or anywhere else
KF - no found in every day products, milk, cheese (Velveeta)
 
Witness is curious that Dr. Voss saw something "unique to human decomp" that the witness's group did not. Witness group disagree about what chemical compounds exist in human decomp.

Witness says there is not consensus on what are human decomp...

Jose asks what causes fatty acids? (this is the first time I personally wonder what Casey is thinking right now). She has to have her team explain away the fatty acids of her daughter. :(

Jose asking if fatty acids are only found in human decomp or other places? Witness says these elements identified are found in common food items. Milk, fat...cheese...

Jose: velvetta chees?
Witness saying he sees velvetta blocks, that package...

Jose: is it found in coconut shampoo?

witness: hesitates...I don't know for certain what is in coco shampoo...

would you render a opinion that this is apodicear?
 
Witness is curious that Dr. Voss saw something "unique to human decomp" that the witness's group did not. Witness group disagree about what chemical compounds exist in human decomp.

Witness says there is not consensus on what are human decomp...

Jose asks what causes fatty acids? (this is the first time I personally wonder what Casey is thinking right now). She has to have her team explain away the fatty acids of her daughter. :(

Jose asking if fatty acids are only found in human decomp or other places? Witness says these elements identified are found in common food items. Milk, fat...cheese...

Jose: velvetta chees?
Witness saying he sees velvetta blocks, that package...

Jose: is it found in coconut shampoo?

witness: hesitates...I don't know for certain what is in coco shampoo...

would you render a opinion that this is apodicear?
 
Witness - Milk, cheese

Baez - Would it be caused by velveeta cheese?

Witness - Yes, I see velveeta cheese was in the garbage.
 
kf the crux of the challenge is there are not scientific agreement on what is in the human decomp

jb what are fatty acids
kf class of compounds from living things - human or animal origin - ie glass of milk

jb dr vass talks about 4 fatty acids - are those found in human decomp only or others
kf these compounds are found in everyday consumer products - not unique to human decomp - found in milkfat, butter, cheese,

jb in velveeta cheese
kf sure - i do see a velveeta package

jb is it found in coconut shampoo
kf don't know for certain what is in coconut shampoo

jb in adipocere?
 
I was really trying to listen and understand what this witness is saying. Really trying to understand the argument the defense is making-like a juror...all it does is make me want to :pullhair:

I agree. And Furton is no Dr. Vass, however I think the biggest problem is that JB is HORRIBLE at examining an expert witness. Probably because he doesn't have a clue himself!
 
JB - if you found these four chemicals would you render opinion that it is adipocere
JA - objection (overruled)
recess (10 min
 
JB - if you found these four chemicals would you render opinion that it is adipocere
JA - objection (overruled)
recess (10 min
 
IMO, if HHJP has already decided how he is going to rule, which I don't believe he has, he is not much of a judge, which I believe he is. :)

HHJP is giving the state the opportunity to not only re-depo this witness, but to recall any witnesses they need to to rebutt whatever testimony is given today. IMO, this means we will not be getting a decision on this anytime soon.

Also, IMO, HHJP had no choice but to rule the way he did regarding letting this testimony in. He stated he was not present when the written agreement was made, and it was not written legibly, therefore was possibly open to different interpretations. I have to say, even being aware of the circumstances of this agreement, I am not real comfortable with an agreement that could be interpreted as limiting the defense in what they can ask at a Frye hearing. To me, it just doesn't look right. I also agree with the previous poster; JA should have known better than to trust JB would be good to his word. Just last week he was trying to wiggle around this agreement, which IMO should have been a big clue to JA to study up and be prepared for anything. JA is not being shut down, he is getting the opportunity to look into whatever comes up and deal with it, and IMO, that's very fair.

And I'm out of here. My daughter has a crisis on a Frye hearing day, and as much as I hate to miss the rest of this, I do know what being a good mother means.
 
BBM

Because it's highly likely that HHJP has researched this and has already decided in favour of the State, so allowing this witness to testify removes the chance of the defence trying to make this an appellate issue if KC is convicted.

It's just legal chess.

My opinions only.

Yes, mine too. Unlike posters who are worrying and fretting that HHJB is allowing nonsense to come in - I want this witness to get this all out - we are not in front of a jury here and I want everything said so the SA and if necessary, Dr. Vass can comeback and refute it or show where this witness's statements have gone sideways. Ignoring opposing arguments is not going to work - we need to hear it all.

When that door is slammed behind ICA I want no opportunity for anyone to be able to open that door and say oh sorry ICA - looks like you get some freedom based on a technicality! :banghead:
 
We must try to remember that this is just a FRYE hearing.

HHJBP can 'allow' the defense team plenty of latitude to present it's arguments and to avoid appellate issues.

The bigger picture is - the judge has the DT's number, he has witnessed the lack of professional courtesy and their slightly devious tactics.

The ONLY ruling that counts in this matter is the final one, where HHJBP allows or disallows this evidence.
My guess is, we are just keeping up appearances here, and the testimony/evidence will be coming in.

JA will have plenty of time to speak with Dr Vass to impeach/discredit this witness before trial.
 
Camera is back. The defense side is having a grand old time. Laughing and giggling. :crazy:
 
Wow - JB talking on his cellphone - runs to kc' designated buddy/babysiter who is furiously taking notes - up out of the chair and running out of the courtroom

jb texting on cell
 
Baez is standing beside the DT table and that Red Bull must have really given him a buzz - he is rocking back and forth, walking back and forth, trying to make a cell call - he simply cannot stand still. ICA rubbing, stroking,wringing her hands and smirking at Baez.

Court back in session You may be seated, you may continue.
 
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