CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #5

[Bernina]

So I'm kind of curious ... last night, there was discussion about the truck being altered and wondering if it was. Now that the images of the 2014 faro scan of the truck somewhat are consistent with the 2010 surveillance video (I won't say it's 100% because even Rudin wouldn't say that).... do you still think it was possibly altered? or is that thought now abandoned?

I do believe the owner at that time had replaced the tires.
Rudin, being a scientist and mathematician WILL say "it is what it is". Whether the jurors find it consistent or inconsistent is up to them. He deals with fact or fiction. The fact is the faro image lined up by point to the video image. Can he say it was CM's truck? No. Can he say it wasn't CM's truck? No.

 

[Tortoise]

He says his first trial was in 1991. at 3 min mark in the day 15 part 2 video.

 

[Niner]

They went on the site visit on Weds Jan 30th - see your post here

Oh geez.... I feel so embarrassed.... where's my head...

Thanks Tortoise for setting me straight.

So today is Day 15.... right? LOL!

 

[oceanblueeyes]

Just because it appeals to my inner nerd, I am wondering what the technically correct jury instruction would be for this model. I am sure this judge will just fudge it and tell them to weigh its importance if they accept the testimony.

Dr. Rudin has essentially mapped 2D data (video) into a 3D virtualised space.

IMO the logically correct approach is that the trooper cannot provide a fit for the data. Nor can numerous other trucks. The defendants truck provides a good fit.

So the logical conclusion is the vehicle in the video, is likely similar to (or the same as) the defendant's truck (if you accept the Drs evidence)

Anyway - this is way down in the weeds.

I think there be more nerds nowadays than you may think who will really be interested in Dr.Rudin's 3D and his testimony.

Many are into CSI shows were they use many different interesting ways to analyze evidence.

I think they will get it without any problem.

Imo

 

[missy1974]

BBM can you explain what you mean by that?

There wasn't anything that would mean he had to exclude the vehicle, and I must have missed this part or misunderstood it, but I do know the wheels aren't visible in the Mitchley video.

It was towards the end of the questioning, I heard it live when I got home yesterday. I am not sure if it was off... but there was something about those measurements not being the same. It was part of McGee's "issues" that he wants to discuss at 9am IIRC. Listening to the video right now, he says that they have photo's that weren't presented... I mean... he does have the capability of clearing the video up as well if I understand the software correctly. Faro scan measured the wheel base at 10.71 feet. Their measurements were off by varying measurements.

Go to about 30 -32 minutes in this video:

 

[missy1974]

I do believe the owner at that time had replaced the tires.
Rudin, being a scientist and mathematician WILL say "it is what it is". Whether the jurors find it consistent or inconsistent is up to them. He deals with fact or fiction. The fact is the faro image lined up by point to the video image. Can he say it was CM's truck? No. Can he say it wasn't CM's truck? No.

Tires don't change the wheelbase, wheelbase "is what it is" IMO He said that there are photo's that weren't presented. It sounds like they were just delivered the previous night... McGee said they didn't know anything about the "wheelbase experiment".

I'm sure we will hear all about it ;-) The hearing was more about 'discovery' and whether the defense had everything that he is going to testify about I think? I'm positive that this will go into more detail and we will see what Dr. Rudin is talking about and we will all understand more

 

[oceanblueeyes]

He says his first trial was in 1991. at 3 min mark in the day 15 part 2 video.

Wow! I don't see how the judge can rule that DR isn't an expert in his field.

I think he will declare him an expert, and can tesify.

It makes sense that DR will develop newer updated methods in this field that assists him into coming to his overall conclusions.

3D graphs are regularly done now in many professional fields.

Imo

 

[missy1974]

Oh geez.... I feel so embarrassed.... where's my head...

Thanks Tortoise for setting me straight.

So today is Day 15.... right? LOL!

L&C called yesterday Day 15.... lol I'm not sure if you are trying to stick to their numbering?

 

[missy1974]

Wow!



Wow! I don't see how the judge can rule that DR isn't an expert in his field.

I think he will declare him an expert, and can tesify.

It makes sense that DR will develop newer updated methods in this field that assists him into coming to his overall conclusions.

3D graphs are regularly done now in many areas.

Imo

Was or is the defense arguing that he is NOT an expert? I didn't think they were but I may have missed it (didn't watch it all)

Or were they arguing that they didn't get all the info? I thought it was more about discovery.... they didn't get notes, bench notes, etc. Dr. Rudin himself said in defense of counsel, he did deliver the information very recently, in fact some of it was the night before.

I'm in no way saying he shouldn't testify, but the defense should have time to review the files, consult with an expert, or whatever they do, as should the prosecution because there are files they didn't have yet either. Just using the wheelbase thing as an example... the prosecution should want to have that information so they can bring it out on direct and not have the defense bring it out on cross JMO

 

[Niner]

L&C called yesterday Day 15.... lol I'm not sure if you are trying to stick to their numbering?

OH NO!!!

Okay - I'll go along with them - even if the jury wasn't present yesterday.

I think I have straight now... sorry for the interruption! Like to keep my "notes" straight!

 

[missy1974]

OH NO!!!

Okay - I'll go along with them - even if the jury wasn't present yesterday.

I think I have straight now... sorry for the interruption! Like to keep my "notes" straight!

my 2 cents... stick to the L&C LOL I use your list sometimes to find what day someone testified and can find the day easier on their youtube list ;-) Thanks for keeping it up @Niner , it's greatly appreciated!

 

[missy1974]

Watching Dr. Rudin testify from early yesterday... they are showing how he figures out heights of people in video's.... argggggggh San Diego should have called this guy 9 years ago to tell them it was NOT the McStay's on the border video, maybe the "they went to Mexico" poop would have ended years ago!!!!

 

[Tssiemer]

Oh geez.... I feel so embarrassed.... where's my head...

Thanks Tortoise for setting me straight.

So today is Day 15.... right? LOL!

Day 16 I think. There were arguments yesterday just no jury.

 

[geevee]

I am new to trials and I am just wondering from other people’s experiences are Trials always this petty?

Sometimes it’s like watching school children in a playground.

I've seen dozens (at least lol) and the more at stake (in this case a death penalty) the pettier and more lengthy a trial is.

Good thing you didn't start off with the Capobianco trial out of Hawaii, that lasted 6 months and included one attorney calling another stupid, all kinds of pettiness, bickering and arguing, long gaps of no trial days, drops in stream coverage, it was a true test of patience to get through it. By comparison this trial isn't so bad. At least not yet.

 

[Tortoise]

Day 16 I think. There were arguments yesterday just no jury.

They do nothing but argue.

Yesterday McGee walked out of the lunch meeting because he wanted to speak to the witness without Imes being present. Then he complains he didn't get to see the powerpoint and the judge tells him that's the purpose of the 402. What did he want to say that Imes wouldn't hear?

 

[Niner]

my 2 cents... stick to the L&C LOL I use your list sometimes to find what day someone testified and can find the day easier on their youtube list ;-) Thanks for keeping it up @Niner , it's greatly appreciated!

Okay - you got!

 

[Chelly]

I do believe the owner at that time had replaced the tires.
Rudin, being a scientist and mathematician WILL say "it is what it is". Whether the jurors find it consistent or inconsistent is up to them. He deals with fact or fiction. The fact is the faro image lined up by point to the video image. Can he say it was CM's truck? No. Can he say it wasn't CM's truck? No.

Did he say how much he is paid for his testimony?

 

[Tortoise]

Trials on

Watch Live: McStay Family Murder Trial Day 16

 

[missy1974]

Watch: McStay Family Murder Trial

They are live, jury not present.

 

[missy1974]

McGee arguing that they didn't get any reports about what was and wasn't done. Mentioning the wheelbase.... it could be exculpatory, and there were other things done but they don't know because they don't have a report. The prosecution knows other tests were done and it's their duty to get it. How can they cross exam a witness when they don't know what they are going to say. Saying he doesn't think the State did anything unethical, asking to exclude the witness, or delay the witness.

Saying he got the information from the prosecutor this morning, sent to his expert... judge asking how long it will take to go over. Expert will get back to them probably today... but will probably need until next week.

Mr. Daugherty is saying that yes Dr. Rudin did do more work since their last meeting and he did send that information late... he sent that to McGee.