2011.06.23 TRIAL Day Twenty-six (Afternoon Session)

[RR0004]

Can't JA just simply ask, "Did you test the sample?"

 

[Bobbarita]

HHJP sounds a bit tired. I think this is wearing on him.

 

[Pebbles1968]

And Overton is a terrible case from what I read of it
Link
http://www.denverda.org/DNA_Documents/Overton.pdf

 

[Mountain_Kat]

Or maybe he is going to let it in...hmmm...

 

[NavySubMom]

Here comes the Mistrial Motion.......

 

[Marina2]

I'd have to go with DS on this one. It seems it would shift the burden and cause an appellate issue. But I trust HHJP's decision.

 

[fifteen89]

Which way ya gonna rule, JP?

 

[coloradoteacher]

I don't like when they talk about mistrials.... please make the ruling JP...
I think it will be denied.

 

[stilettos]

Hmmmmmmmmmmm......interesting.

 

[21merc7]

DS talking with JB writing something down

 

[katydid23]

Well, what's good for the goose... If the DT is going to continue to claim that the SAO didn't do tests they should have done, surely the SAO has a right to inquire about the same issue with their experts when they're claiming that the SAO's tests are bogus.

No, not the same thing because the State is REQUIRED to test everything and has a burden to do so. The DT has no such burden or responsibility. And by asking, JA stepped into territory that is off limits.

 

[JSR]

He's not going to let it in. It's a shame though that the DT is allowed to insinuate errors in the testing especially since this particular witness has to step down from his current job for the very reasons he's criticizing the body farm labs.

 

[TortillaChip]

OMG, they wanted a mistrial again, I just got a stomach cramp.........please no.....

 

[ohiogirl]

This is why JA needs to keep his cool. He could have sidebarred it before slamming the cans down to tell His Honor what he thought he could ask. This could have been discussed without the jury seeing this, and no mistrial opportunity would ever come up. Now we will see. jmo of course, i'm not an attorney

 

[Bittiness39]

I would wager...given the FACT that HHJP has only been overruled 1/2 of 1 case in his entire awesome career...that whatever decision he renders will be just/fair/and awesome.

 

[ami]

I don't get lawspeak... I can't tell how any of this relates to the case law they're citing. Yikes@

 

[pinkfly]

I think denied....just to be on the safe side

 

[grammieto5]

Had to take a phone call what's going on JP talking mistrial????

 

[Mountain_Kat]

Proper comment on the evidence. HA! It's in!

ETA: Or it's out. Lord...just rule!

 

[fifteen89]

I love how JB and DS chat while JP is talking.