2011.04.01 MOD ONLY: Frye Hearing Summary (READ ONLY)

[Chiquita71]

if you do this after lunch be prepared to pay the price. you have been in court before. enough is enough. if you continue to do what you need to do I will do what I need to do.

Recess until 1:30.

 

[KaylynnCouture]

Recess until 1:30.

 

[Lera213]

Call to order

 

[Softail]

Judge instructing witness to pause before answering any questions, in case of objections.

 

[Chiquita71]

Mr. Baez you can ask the questions. No more editorial comments, judge says.

Jose asking about carpet samples.

 

[Drama Queen]

Rut roh...JB is admonished once again. He is well below the scale of professional conduct when it comes to this event.

 

[Softail]

JA - Objection - The question does not relate to FRYE.

Baez - This is more than just a FRYE motion.

Judge asking Baez to show how this relates to FRYE

 

[Softail]

Judge - Your motion mostly deals with FRYE. I'm going to allow this line of questioning for different reasons. This way opinions will be on record - If that is what you want to do, PROCEED.

 

[Softail]

Baez getting into Cadaver dogs now. Same witness.

 

[Softail]

Talking about residual odors. Dogs will give an indication if something was placed and then moved.

 

[Softail]

Baez is asking if he saw any indication that the dogs used in this case had residual odor training.

Witness - No

 

[Softail]

Somebody help us late comers out. Who is this guy?

Kenneth Furton - Defense witness

 

[Chiquita71]

JA already asked this witness if he had ever published a work on human decomp during the depo process, the man said "no." But now in court to the same question asked by JA he said "yes." JA had to get the depo and ask the question again.

IMHO: the witness is rambling to back track what is an obvious lie.

 

[Softail]

JA - You have never been involved personally in a study involving whole body decomposition.

Witness - Correct

 

[mommy2]

JA: Could I have the court reporter read back my question?

(Court reporter with AWESOME hair reads back question.)

Did you understand the question this time?

:great:

 

[sleutherontheside]

JA just got this witness to say adipose tissue...Does JB realize that????????

He got him to say it several times.

AND.....he got him to state that the SAME substances used by LE training was used in the study he is referencing.

So the comparison is apples and oranges. Trying to say that the compounds don't match.

 

[jharres]

JA: What personal work have you done (etc...)
DF: I was there with the students....

 

[Chiquita71]

JA: studies of odors given off by portions of the human body. these are studies of your students, correct?
my students and myself, yes.

much of your work is that of your students that you supervise?
yes that is how it works at the academy.

but none of your personal research has never involved human decomp, correct?
yes.
what?

The cadaver dogs.
I thought you said it was your student mr. chow and miss tolaver.
yes myself and miss tolaver and mr. chow.

JA: what personal research have you done.
I have been there when they do research.

You rarely go in the field with them, correct.
They are to do it themselves.

You put it in as your work.
yes.

 

[Chiquita71]

JA: all of your work has been done with your student. You have never done work on your own.

yes.

 

[Chiquita71]

JA: it is also generally accepted that odors can be captured and measured instumentally.
yes

JA: are you aware the court issued an order that all experts were to have a report
yes, jose told me.

JA: what were you told it was to contain.
the basis of my opinion of the case

JA: every opinion? how did you interpret it?
I have been a witness in lots of cases, I write a report and if additional info comes up or bolsters I will discuss. I wasn't aware there would be no opportunity to bolster.

JA: your opinion of Voss and Stopopolis...had you compared their work before you wrote the report(JA informs him of the date of his report which he could not remember before the break).
So at the time you wrote this report you had not read the garbage study(dr stopopolis)
That is a study I had not read, yes.