2011.05.31 TRIAL Day Six (Morning Session)

[Bon]

CM is objecting to that part of the tape being played AT ALL.

:banghead:

 

[luv]

 

[sophie01]

You go, LDB!

Sure seems that way. I can't believe that the money stolen from Amy will not come in, that's what she did all the shopping with and I think TL ask her about that money and she told him she needed a back up plan... but I could be mistaken on that part.

 

[Drama Queen]

I swear...I miss my keys, when I lose them, more than ICA missed little Caylee.

 

[Elphaba]

That's okay... limiting whatever will not harm the tapes being heard, IMO. Just getting them heard is all that needs to be done.

 

[passionflower]

jury still out of courtroom/ won't here this right now.........why?

 

[crimejunkie]

Can anyone remind me why the stealing from Amy and CA isn't coming in? It seems relevant to me considering she was spending the money during the 31 days and stated that she would "lie" and "steal" to find Caylee. She also told Tony that it was her "back-up" plan money.

 

[ami]

HHJP might add: the defendant is not on trial for .... (theft of car, money, etc).

 

[Chiquita71]

LDB: excited utterances. Mrs Anthony gave testimony at the time. they are not hearsay at all they are not trying to prove the matter.

HHJP: I am trying to fashion an instruction. the evidence you are about to hear is about Cindy's state of mind. Excited utterance. Do not take into account the defendants criminal acts.

LDB: there are statements of Miss Anthony there are statements in the call and in the third call Miss Anthony gets on the phone and answers questions as well, I believe the limiting instructions would be only for the first but not the third, I do not believe there is any reference in that call to the money or the car being stolen.

HHJP: stolen car and bank account I will specifically mention.

LDB: I do not mean to use the transcript, we have the recording synched to a transcript for the jury to watch but I do not intend to put the transcript into evidence. when the recording plays the transcript with appear with highlight of words spoken. we are to provide copies and I have them marked as exhibits so the record can be clear as to what the jurors saw and heard.

HHJP: mr baez I think that is what you requested.

CM: I cannot make out what he says.

HHJP: To be honest I did not look at 2.4 but I can look it up.

CM: I cannot make out what he says.

HHJP: 2.5 has to do with Williams rule evidence

CM: ?

HHJP: I sort of looked at 2.5 which follows that...

CM: ?

HHJP: probably could use some 2.4 I can add however the defendant is not on trial for a (?) wrong that is not in the indictment.

CM: see or hear...the final...?

HHJP: just a second.

 

[Amster]

Jose wiping away tears??

 

[sleutherontheside]

Why the heck is JB texting NOW???

 

[Softail]

WFTV reporting that Lee arrived just moments ago. During the break on the live feed, Bill S. reported this.

 

[zoey]

CM does not want the part of the call being played that deals with theft of money and the car

why is cm speaking when this was jb's objection......

 

[JSR]

This is good folks. This won't slow the momentum of the testimony. If we had to bring in th custodian of records to authenticate the tapes then it would take away from CA's testimony. This is good!!!!!

 

[passionflower]

a stipulation, stolen car or stolen bank account...........do not consider

 

[rosepetal1065]

Another"disclaimer" about what your going to hear next...imo those things don't help.

 

[watergirl]

did anyone else hear those bells tolling?

ETA surprise! not being sarcastic.

 

[Sammiejam]

ICA just looked smug for a second. I bet JB told her this is DEFINITELY grounds for mistrial! *insert eye-roll*

 

[nursebeeme]

remember folks we don't discuss ICA's body language. Please refer to opening post

 

[okiedokietoo]

Back in session
HJBP:
LDB: arguing admit of 911 calls - and there was a hearing and that they were "excited utterance"
HJBP: instruction to jury to show CA state of mind and as excited utterance and no other purpose, not to take into account stolen car
LDB: taking about last call where ICA can be heard and instruction should only apply to other calls
HJBP: will specifically mention stolen car and credit card to Jury
LDB: have transcript and recording for jury/ when recording plays scrolling text will be on recording also
CM: arguing (can't understand what he said)
HJBP: evidence to show mrs. Anthony's state of mind (what he will include in instruction to jurors)
CM: arguing maintaining objection
CA coming back in