2011.06.20 TRIAL Day Twenty-three (Morning Session)

[Mohabi]

I bet they don't have another witness here.

 

[Amster]

Broad brush there HJJP....if you are accusing JA of something, spit it out!

 

[ExpectingUnicorns]

"Exclusion will be the proper remedy if it continues."

 

[Chili Fries]

Baez is going to royally screw up again, it's inevitable.

 

[Kentjbkent]

IF I just heard HHJP correctly, Baez is in a crapload of trouble after trial and it will involve the BAR

 

[faefrost]

I love how HHJP is saying "if I was the state or the defense I would go through the opinions of all my experts during break", When all the states experts are already in evidence.

 

[BigFatMommyDog]

why is jb on his feet during this?

 

[strawberry]

Ten bucks says they don't have another witness!

 

[QueenD]

Does this mean Rodriquez will not testify this morning? Beat DT does not have anyone else lined up.

 

[sophie01]

Jeff Ashton is clearly mad this AM.

View attachment 16695

Can't blame him... but stay calm JA.

 

[Wholehearted]

JB's desire to play games and show that he can beat JA is just screwing over his client. It's unreal.

 

[wenwe4]

JA telling court they took his depo on Sat. from 1:45 - 3:45 he proposes to give an opinion that other people can't say it is an odor of human decomp.....JA wants time to review the transcript and asks that this witness is not called until he has had time to review it.....discusses sanction package ....

Witness Mr. Iken? JA received a half page report with ....he showed up on Friday and Ikenbloom showed up yesterday afternoon for a potential depo - sent him away due to now court reporter...he received a 45 slide and a report from Ikenbloom...he will be preparing another sanction for the court as he believes another contempt of court ...

Ikenbloom - trace elements -proposing to give a number of opinions on intreprtations on negative findings of dna...
....
JA asks Dr. Rodriguiz doesn't testify yet until time to review and Mr. Ikenbloom he believes is another case for sanctions.

JB - seeking the ultimate penalty....witnesses were listed timely....under court order under time constraints asked the witness put in report what they will testify to......put something together to completely comply with court order....section paraghaph 4.....opinions not put in report will not permitted @ trial.

JB says SA refused to take their depos - there was time for them to set depo and complete them......SA wants to put together a contempt order - SA has tried this twice and they should be sanctioned.......the
Fbi the morning of trial and ...court made it clear not a game - exercized gamesmanship from JA from the very beginning....knows expert witnesses to take their depos......he has never had a trial where he completely ignored experts....he had a court order to use as a sword and a shield to go forward.....

Dr. Rodriguiz - remedy under law - time to take depo - occurs frequently.....minor opion....no scientific evidence to say where duct tape was when on a surface deposit site....aside from common sense testimony by someone who has experience.


Eikenbloom - failure to take his depo ....he orignally was to testify aspects dna, low copy dna, degredation dna.....given to the state in pleadings to court....common issue the SA on notice of ...their claims reason no dna on these items due to elements - degrade it but should be dna on these items.....some of the issues opinions in this case come up recently.....Mr. Eikenbloom we will wishing to exercize all depos for any one SA failed to do so....he was turned away by Mr. Aston told him go away.....instructed Eikenbloom to prepare a report - forward to Ashton immediately as well as demonstrative aides....all info merely explains dna and process.....JA is aware of and needs very little preparation......JB thinks JA argument now to want extra time to review depos....for several months 7-8 he sat and did not take a depo...his intential wants to delay court - order is clear....Jb reads this order to include 2 aspects of discovery....written and oral...prevent any gotchas, JA was omitting to take these depos - warned @ status hearing ....DT did not intentially look @ this order and say......mere thought of disturbs great deal if anyone assumes this to be true...he has labored on this cause by day and night - made clear by the court to issue orders and enforce them.....JB sees even though rules of discovery - the law does not compell us to issue reports but court ordered that - try and limit DT presentation of the case....prosecutor to omit his responsiblity those tools under discovery but use them as a sanctions....not bad enough to want to take a human life but wants to go after her lawyer too....not under the law...he had a responsiblity .....he should not be allowd to come forth in 11th or 12 th hour....now I want to strike not disingenuous but unreasonable.....Dr. Rodriguiz are obvious opinions and troubls with their case.....

HHBP - ask both sides to look @ clock - tell the time....Mr. A and Mr. B....thank you!

that shows the 2 of you agree on anything and never interpret anything the same way....that jury has been sitting there for 25 min....what time did they arrive? henceforth and forever more all attys are to be here @ 8"30.....take up anything with the court at 9:00 they will start....this coming saturday they will work a full day....be prepared to have witnesses work full day on Sat.

Rules on criminal procedure - lays out discovery - does not take away from court to order addtional discovery, restrict discovery or set time lines feels necessary....call attention order States motion....compliance 12/10/10, not going into history of why order issued....pertinant to that order....when experts have not prepared report...it shall be filed with clerk of court in terms of expert CV, field of expertise, statement of subjects expert will testify and offer opinoins...substance of facts expert to test,ifyand summary for grounds for each opinion.....done because couple reports contained...?

the court thought that order cleared up that situation - here we go again on 1/6/11 court entered another...granting court sanctions....understanding (lack of) what the court may have meant.....summary of experts opinion and grounds for each opinoin...court gave an example on Dr. Henry Lee....the DT shall provide written reports to SA from all experts - complete statement of opinion the witness will express and andata inform witness conclusions.....required both sides to have experts list all opinions they will give....always know -when someone gives a main opinoin of what they want to discuss....not intent on this courts order....either take depos or report - orders are quite clear to HHBP - court doesn't make threats - simply applies the rules....when SA had a demonstrative exhibit was not given to DT - the SA was not allowed to use it.....

court was put in corner - not being able to include opinions of defense - read all opinoins ...frowns upon that punish defendant - but FL supreme court did not close the door if someone continues to violate orders of the court - final ultimate sanctions....never been a case where final ultimate sanctions by a court that he knows of ....if someone continuiously violates court order with impunity.......ultimate sanction of exclusion would be proper...yes gamesmanship in this particular case.....there is a friction between Atty's.....that is something the FL bar will deal with at the conclusion of this trial this court will deal with violations which may or may not have occurred...not proper of the court to deal with it now...due to ongoing

defer testimony of Dr. Rodriguiz - request granted....announced that we will have a short day on Wed. due to HHBP - reason behind it has been explained......if either side make sure when recess today - go thru reports all experts make sure all opinions are contained in reports or depos....explain to both sides - some opinions minor may come up you cannot expect everything...enough is enough - both sides are forewarned that exclusion even @ the price of having to do it all over again....exclusions may be the proper remedy .....who will be the defense's first witness?

JB -

 

[okiedokietoo]

HJBP: who is Defense first witness

 

[TiaM]

What??!!!????

HHJP is giving them yet ANOTHER pass????

FGS.

 

[TexasDoll]

OUCH! Defense witness is not in court right now.

 

[Softail]

CJBP - Who will be the DT first witness?

JB - They were calling Eikenbloom. But they need 30 minutes to have the 3rd one here.

 

[strawberry]

HAHAHAHA Eikenbloom!!! Put ICA on the stand..she's the only witness you have left!

 

[The Farm]

HHJP: "Enough is enough"

YeeeeeeeeHaaaaaaaaaaaaa!:great:

 

[suzihawk]

OMG! DT has no witness available!

 

[MvD]

holy cow.. baez just needs to turn in his license and join ICA in jail