Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #14 *Arrest*

[Megnut]

Hey, WSers, I'm firing up my imaginary embroidery machine, gonna sell some imaginary merch.

T-shirts, sweatshirts, tote bags, in your choices of size and color.

They all say: EP disagrees.

 

[katydid23]

Defence prepares to ask more questions of Ms Patterson​

Next, it'll be defence barrister Colin Mandy SC's turn to re-examine his client.

Essentially, it's a chance for him to ask questions about matters arising out of the evidence Ms Patterson has given during cross-examination by the prosecution.

He indicates to the court it'll take him roughly 30 minutes to get through his questions.

But first, the court adjourns for a morning break.

So if he only has about 30 minutes left with EP, I wonder what the defense will do next?

Do they have witnesses ready to testify this afternoon?

 

[Shortfusepsb]

Once the prosecution finishes cross-examining a particular defence witness, the defence may conduct re-examination. - We are here.
After the defence closes its case, the next phase depends on whether new matters have arisen.

The rebuttal phase does not happen automatically. Instead:
The prosecution must request permission from the judge to present rebuttal evidence.
Rebuttal is only allowed to directly address new or unexpected evidence raised during the defence case, not to reargue or reinforce earlier points.
The judge will determine if the proposed rebuttal:

• Is relevant and admissible
• Responds specifically to new issues raised
• Does not unfairly prejudice the accused

If the judge allows it:
The prosecution may recall previous witnesses or call new rebuttal witnesses.
The defence can then respond to rebuttal evidence, if necessary — sometimes with what's called a surrebuttal, though this is rare.

 

[Little Jack]

Im so confused of this method of questioning via simply making statements for the witness to say yes or no to. Where are the questions?? Where is "WHAT HAPPENED TO PHONE A"

 

[lazymaiden07]

I’m curious as to why the prosecution has not asked Erin to possibly explain where Phone A in the pink case is as it hasn’t been found yet known to exist?

Exactly! Especially because there are only a limited amount of scenarios as to what could have happened....

 

[Little Jack]

That felt anticlimactic

 

[JBowie]

That felt anticlimactic

Wait for the summing up.

 

[brisbanemum]

I love that she can previously testify this:

August 5, 2023: Erin says this factory reset occurred because "I had put all my apps on it, including my Google account, which included my Google photos, and I knew that there were photos in there of mushrooms and the dehydrator and I just panicked and didn't want them [the detectives searching the house] to see them."

But then claim no knowledge of the photos or who took them in her cross examination yesterday??? Really hope the jury is picking up on this crock of s***!!

MOO

 

[katydid23]

I’m curious as to why the prosecution has not asked Erin to possibly explain where Phone A in the pink case is as it hasn’t been found yet known to exist?

I could be wrong, but I think she was asked that once, IIRC and she said she did not know.

But the defense tried to do a weird thing by showing pictures taken by the police during the search, and pointing out a pink case on a window sill and claiming that was phone A being charged. And they claimed the police overlooked it.

And IIRC, Dr R said 'that is up to the jury to decide if that is so.'


I have a hard time believing that a team of forensics investigators, there with a warrant for her phones and tablets, is going to overlook a bright pink cell case on a window sill, plugged into a charger. It doesn't ring true.

They'd be looking at all electrical outlets for chargers, first thing. How'd they miss on plugged in?

I think it was probably just th empty pink case sitting on the window sill. Like she was trolling?

 

[JBowie]

Prosecutor Nanette Rogers SC shows the court a photo of Patterson in hospital on 31 July 2023. The image shows a phone in a pink case on top of a black pack.

Patterson agrees this is the phone she used as her primary device from February 2023 until August 2023.

Rogers says this is the phone, dubbed Phone A in the trial, she used to research death cap mushrooms. Patterson disagrees.

Rogers says it is the phone used to look up the citizen science website iNaturalist. Patterson rejects this.

Rogers suggests she saw the posts on iNaturalist about sightings of death cap mushrooms posted by mycologist Dr Thomas May and retired pharmacist Christine McKenzie in the months before the lunch on this phone. Patterson rejects this.

Patterson says: “I didn’t see that post.”

Rogers says the police never located Phone A.

Patterson agrees.

Australia mushroom trial live: Erin Patterson cross-examined about factory resets on her phone in days after fateful beef wellington lunch

Victorian woman, 50, has pleaded not guilty to three charges of murder and one of attempted murder after a fatal beef wellington lunch in Leongatha in 2023. Follow live

www.theguardian.com

 

[Cliff Hardy]

Thank God that's over but will the defence keep Erin on the stand and question her further now that the prosecution are done with her?

 

[JBowie]

Thank God that's over but will the defence keep Erin on the stand and question her further now that the prosecution are done with her?

My guess is that they will try to walk back some of the damage done by her litany of lies.

 

[katydid23]

I think Dr R avoided outright asking her again about where phone A was because it was asked earlier, and the defense claimed it was in pictures taken by the police during the search.

And I think EP was sitting there just now, dying to be able to answer that way again, and accuse the cops of 'overlooking' phone A as it was sitting on the window sill, charging.

I believe that EP left the pink phone case there on the sill, and then tried to use the police photos as 'evidence' that they left her phone there themselves.


I don't believe that the cops, with a search warrant for her phones, wouldn't notice a pink cell case that was plugged into an outlet on the wall. The first thing they did was look fir the outlets and chargers, I think.

 

[JBowie]

I think Dr R avoided outright asking her again about where phone A was because it was asked earlier, and the defense claimed it was in pictures taken by the police during the search.

See my post #147

 

[Lisa4]

I have to leave, can someone else carry on with the abc live updates?

 

[loreet]

During another trial I watched — Charlie Adelson’s for the murder of Dan Markel — the defense said something like ‘reasonable doubt is when you are going back and forth in your head between guilt and innocence.’ Truly the simplest and best explanation I have ever heard. <modsnip>

 

[MsMarple]

I have to leave, can someone else carry on with the abc live updates?

Key Event
Just now

Questions turn to the sixth beef Wellington​

By Joseph Dunstan​

Mr Mandy then asks Ms Patterson about the sixth beef Wellington, which the prosecution has alleged was prepared by Ms Patterson in the hope that Simon would attend the lunch and she could poison him as well.

Ms Patterson tells the court there was a simpler reason for preparing the six Wellingtons, which was the number of individual eye fillets she had.

"I had five twin packs, I put two of the twin packs in the freezer and just decided to use the other six, I had enough ingredients ... so I did that," she says.

 

[LinasK]

Exactly! Especially because there are only a limited amount of scenarios as to what could have happened....

I cannot think of an innocent reason to reset a phone that's in police custody.

 

[Megnut]

After the Defense tries to fix the last three days with their cross examination and the State rebutts, will the Defense rest?

The poor jury has endured enough.

JMO

 

[MsMarple]

What??

1m ago

Erin says she only foraged a handful of times​

By Joseph Dunstan​

Mr Mandy then takes Ms Patterson to cross-examination of her messages with estranged husband Simon Patterson.

The prosecution had raised with Ms Patterson that over a sustained period of time, there was no discussion of foraging and eating mushrooms.

Ms Patterson says she only foraged mushrooms a handful of times and more broadly, there was little discussion in her chats with Mr Patterson about what they were making for dinner.

"It just wasn't relevant or interesting to either of us," she says.

Live: Erin Patterson's cross-examination ends with three rapid-fire questions

Erin Patterson is facing more questions from the prosecution as the Supreme Court trial continues. Follow her evidence live.

www.abc.net.au