2011.06.13 TRIAL Day Seventeen (Morning Session)

[Sleuth5]

I agree with Judge Perry's ruling and I actually think it's better for the state that the jury won't be overloaded by the PowerPoint study. If someone with the presence and confidence of Mr. Melich, Dr. Vass, or Dr. G was the expert witness to present this testimony, it might be compelling and helpful. This FBI witness does not come across as confident and authoritative - so better off to not add confusion and open more doors for Baez to rattle weaker witnesses... JMO...

You know, I hate to say it, but he does look a little lost...

 

[minazoe]

no one argues with Belvin Perry!!! you gonna get told!!!!

 

[LiveLaughLuv]

Correct me if I am wrong, but doesn't this mean that the witness can still testify and describe but just cannot use photos to back up what he is saying???

He can't use the powerpoint presentation...but the study is in..

 

[PaulaF513]

HHJP if the DT opens the door and starts talking about the photographs then it will probably be allowed in. I see this happening.

Can't you just hear JB's cross of the witness....."but you can't show us what this banding looks like, can you?"

 

[ami]

I think the State should just blow up their best 2 or 4 pictures in black and white, glue 'em to a poster board and prop 'em on the easel.

 

[Starbucks]

I'm confused, wasn't it the defense that wanted to bring in this study in the first place? I seem to remember arguments during jury selection, with the DT saying this study was very important, and the state saying the experiment wasn't even complete

 

[2door73chevy]

Just catching up.

 

[Dr.Fessel]

Yup.

Also the defense (sims) was able to see all of the pictures in the FBI field office, and the FBI offered to turn all of the info over to the Defense's expert - only the defense never hired an expert so they didn't take them up on it.

HHJP said that regardless of the FBI giving the defense access to everything, the State themselves should have directly given the defense access to it. It was their responsibility.

I think the FBI is the shady one in this deal. They won't release the pictures to the defense a couple of weeks ago and only let them look at them at the same time giving them to the state to use in open court. Not right and I don't understand what the FBI is up to.

 

[strawberry]

What time are they coming back?

 

[TortillaChip]

This really messed Jose up I believe. The state can talk and talk about the results without the photos.

I agree, and they will know that they could not be shown the photos because of DT.

 

[Sleuth5]

I think the State should just blow up their best 2 or 4 pictures in black and white, glue 'em to a poster board and prop 'em on the easel.

They should always have a plan 'B' for visuals anyway.

 

[momtective]

They're back now.

 

[mobius99]

So the study and the photos were discussed during Shaw's deposition by the defense, but they didn't ask to view them? Sounds like lazy and shoddy follow through by the defense. MOO

 

[MissJames]

Yup.

Also the defense (sims) was able to see all of the pictures in the FBI field office, and the FBI offered to turn all of the info over to the Defense's expert - only the defense never hired an expert so they didn't take them up on it.

HHJP said that regardless of the FBI giving the defense access to everything, the State themselves should have directly given the defense access to it. It was their responsibility.

Still not clear on why the pictures were black and white :waitasec:

Shaw said they were e-mailed in color.

 

[The Eunice Burns]

JB, don't bet the wad. You won enough at the table. LOL

 

[smart blonde]

More substantive than scientific evidence? Like what - the secret eye witness in KC's back seat who saw her do it and captured it on cell phone video?

Now that's just silly- everyone knows squirrels don't have cell phones! :crazy:

 

[TotallyObsessed]

Well if the Power Point Presentation is OUT....can the photos at least come in?????

 

[Ms.Heather]

Still not clear on why the pictures were black and white :waitasec:

Shaw said they were e-mailed in color.

I'd bet money that they were emailed to him in color, but printed out in black and white.

 

[fifteen89]

Now JB is screwing this up (hopefully?) by saying he meant to object to more than just the photographs?

 

[ami]

I think the FBI is the shady one in this deal. They won't release the pictures to the defense a couple of weeks ago and only let them look at them at the same time giving them to the state to use in open court. Not right and I don't understand what the FBI is up to.

I have to agree. It did sound a lot like the FBI sent a full color report to the State last week and not the Defense. And really that's not cool on many levels.