2011.06.29 TRIAL Day Thirty-one (Morning Session)

[rose222]

The judge reserves ruling Is that good or bad?

 

[TiaM]

I love how HHJP puts it "Mr Rutherford attacked the Florida sentencing scheme...." Hee! As if the motions were something bad. (well IMO they were). I love HHJP!

 

[pinkfly]

what I expected

 

[ami]

Via SkorpyoRising on twitter

Heh.

 

[kathyn2]

Why is the judge reserving his ruling?

 

[LaLaw2000]

ICA's DT should be right there in court with her at any time anything at all is being discussed concerning her.

This is just unreal!

 

[angelmom]

Will rule prior to receipt of the verdict "if we get that far."

Recess til 9.

 

[jmfstl]

Court reserves ruling for DT motion for mistrial. I don't think there will be a mistrial here at all.

 

[Chili Fries]

It's going to be interesting to see how the prosecution handles Sally Karioth on rebuttal, whether they will go for the softer touch of LDB or let Ashton loose on her to assail her qualifications. I looked at Karioth's credentials and she doesn't have any degrees in Psychology and I think it's hard to make much of being a certified traumatologist, at least from what I'm seeing about it. Anyway, I think her qualifications, or lack of, will probably be a big point of the cross. Looks to me like there is a lot of traumatology stuff sourced from FSU, where Karioth is associated with nursing.

It definitely doesn't seem like mainstream psychology, in the field of psychology the study is usually referred to as psychotraumatology, to distinguish it from the medical use of traumatology, which is the study of wounds and injuries. Not to offend any nurses here, because I know many WS members have worked as nurses and I have great respect for nurses, but I know there have been fringe areas associated with nursing in the past that aren't based in the most solid science. I don't know if that's what's going on with Sally Karioth but this type of thing might be fertile ground for the prosecution.

 

[TiaM]

Ms Finnell. So professional. So prepared. ICA should have hired her in the first place over and above all her other crew. She would have been WAY better off.

 

[mombomb]

8:30

We're here to hear the Defense's motion to Reconsider under Ring vs. State. We'll see whether they show up. The Defendant is present, but none of your other co-counsel is.

AF: I have filed a motion to reconsider ICA's . Attached motion memorandum of law as well as appendix - Paul Evans vs. McNeil which was rendered by District Judge on 6/20/11 on this issue declaring Fla's DP statute unconstitutional. I will rest on what I provided.

HHJBP: Remedy of a Mistrial?

AF: Correct.

HHJBP: Have you consulted with your client and does she consent?

AF: I have not directly, but JB and CM has.

HHJBP: They are not here. ICA is here at counsel table alone. I will ask them when they choose to arrive.

AF: I feel confident that she would agree.

ICA: I can answer that. I agree with Ms. Finnell.

JA: I point out that according to the AG of Florida, this opinion is not final as of yet. A motion is pending. At this point it is not a final order. Further, it is apparent from the order, page 92, this is an as applied finding by the court. The court goes into great lengths - any one singular aggravating factor. Because the Jury may not have reached a majority finding - the Florida Statute leaves open the judge may... This is an as applied analysis of the particular case of Mr. Evans and does not invalidate Florida's sentencing scheme entirely. It does not prohibit the State of Florida from proceeding with applying the death penalty.

HHJBP: Did Evans involve felony murder?

JA: I don't recall.

HHJBP: Would your argument still be plausible if the jury found ICA guilty of the crime of aggravated child abuse?

AF: Cases upheld in Ring analysis have dealt with that situation. Concern is the district's court's finding - page 91 - where the court is saying that - footnote 33 - FSA reviewed this issue (Steel case) requiring majority of jurors to agree on aggravating factor. Court's order requires a substantive burden on the State. There is a need for legislative action. Fla is the only state that allows a jury to find the aggravating standards.

JA: Evans case - a contract murder - not felony murder.

HHJBP: Anything else Ms. Finnell - Mr. Ashton - no

Bodison vs Moore - raised a Ring issue (stay issued), he was executed on 12/19/02. Amos Lee King vs. Michael Moore - Ring issue raised - King's death warrant was pending at the time - US Supreme Court declined to rule - he executed on 2/26/03. Blackwelder vs. State - Ring issue raised - Def denied relief and was executed on 5/26/04. Robinson vs. State - Ring issue raised - relief was denied and he was executed 2/4/04. Court has also reviewed Ruggaford vs. State - Ring issue raised - defendant was denied relief and he was executed on 10/18/06. Hilliard vs State - Ring issue raised - relief was denied and Defendant was executed on 9/23/08.

Since - the Court at this time will reserve ruling on the motion for mistrial and not rule until a subsequent date on the motion for mistrial and the motion to reconsider declaring Sect.. unconstitutional.

AF: Thank you.

HHJBP: If there are any subsequent rulings, please let me know - but I will rule on the requests prior to the receipt of the verdict if we get that far in this case.

We will be in recess - any other issues?

CM: I don't know of any now? It takes about a half hour to get in here.

We will be in recess until 9:00.

 

[ami]

HHJP: "What door did you come in, Mister Mason?"

Mason hee-haws in response.

 

[pinkfly]

ICA laughs about how he got in

 

[Softail]

CM says it took over 1/2 hour to get in! CJBP asks him what door he used!

:lol:

 

[logicalgirl]

The court will reserve ruling until a later date on the mistrial motion and Ring motion, will again reserve ruling. If there are any subsequent rulings in the case, please let me know, and I will rule before we receive a verdict if we get this case that far.
Recesses to nine am.

HHjP asking which door the Defense came in. Mason trying to be a good ole boy about his tardiness. ICA in a pale pink ruffled shirt.

 

[jmfstl]

OMG CM complaining that the SA is about a 1/2 hr ahead of him. HHJP says what door did you come in Mr Mason.

 

[grammieto5]

What a JOKE !!!!!

 

[Tipstaff]

Did anyone hear the Judge say he' will rule on these motions before a verdict if they reach that point in this case? Something is up.

 

[MelissaLee]

In recess til 9AM. CM makes a comment about it taking a half hour "to get in". HHJP to CM "Well what door did you come in through Mr. Mason?" CM no answer, red face, just a "look" in response. KC does not look happy.

 

[angelmom]

"What door did you use, Mr. Mason?"

BS saying that attorneys are being forced to use the media entrance instead of a separate door they normally get to use.

Wonder why that is?