Defense Witness List

[The World According]

http://www.cobblawfirm.com/Rules_Discovery.htm

 

[kaRN]

Wasn't it Bill Schaeffer who said in his last video experts don't write reports unless they get paid for them? I guess that means........

It means the consumer changed his mind about buying the finished product. Yeah RH said it too. The lawyers are consumers in this case. They want a finalized report they get one. If they don't want one or refuse to pay, they don't. All of the data that would have been included in a finalized report, the lab values, the DNA sequencing, the toxicoloy etc. etc. etc. exists and comparisons were drawn based on those finding, and an expert opinion made.
No doubt the verbal opinions offered based on the findings were not what the consumer desired.
Had foreign male DNA been the source of the hair with the death band in the car for example, these same lawyers would have requested the report in triplicate, leather bound and they'd be discussing it on Geraldo today. If the SAO's experts were playing the same game, JB would be apopleptic and rightly so. It would mean there probably wasn't any forensic evidence of value to the case.
So yes, I have no doubt all this is very normal in the world of criminal defense if the experts aren't saying what you want them to. It's not normal at an academic research facility or at the FDA labs for example though. Imagine if the lawyers at Pfizer advised the FDA not to produce a report on Lipitor?

I'm pretty hot under the collar about this...can you tell?? LOL Day one of Nursing School we were taught all about the importance of the patient record. If it isn't documented, it wasn't done.
The experts will look and feel like idiots on the stand. Unlike us, they don't obsess over this case and will need lots of pieces of paper to remind them what they found where and when.

 

[LyndyLoo]

Michael Baden has only commented on the defense for Fox News/Geraldo, to my knowledge he was never part of the defense team, just his wife.

I stand corrected about MB..guess the Baden team decided their tandem teamwork didnt work too well in the Spector Case.....but I am willing to bet LKB picked his brain clean as to what to do etc..and then to follow that up with leaving the "Dream Team" pack back in 2009 or was it earlier this year. I tend to get confused with the musical chairs the "Anthony Team" plays :waitasec:

 

[The World According]

I may have found an answer to the question of professionals needing to be licensed in Florida if they work and live in another state.

[ame="http://www.websleuths.com/forums/showpost.php?p=4780584&postcount=190"]Websleuths Crime Sleuthing Community - View Single Post - Legal Questions for Our VERIFIED Lawyers[/ame]

 

[ThinkTank]

Judge P told the Defense that they have until this Friday to turn over to the State, the area of expertise and subject matter to testify about on each Defense Expert Witness ... and also to turn over to the State all "NOTES and PHOTOS and VIDEOS" taken by an Expert during their examination of the evidence.

So, even if the Defense is skirting around not producing an official "Report" from their Experts, they still have to narrow down to Notes taken by the Expert, which provides the Expert's "opinion".

 

[logicalgirl]

It means the consumer changed his mind about buying the finished product. Yeah RH said it too. The lawyers are consumers in this case. They want a finalized report they get one. If they don't want one or refuse to pay, they don't. All of the data that would have been included in a finalized report, the lab values, the DNA sequencing, the toxicoloy etc. etc. etc. exists and comparisons were drawn based on those finding, and an expert opinion made.
No doubt the verbal opinions offered based on the findings were not what the consumer desired.
Had foreign male DNA been the source of the hair with the death band in the car for example, these same lawyers would have requested the report in triplicate, leather bound and they'd be discussing it on Geraldo today. If the SAO's experts were playing the same game, JB would be apopleptic and rightly so. It would mean there probably wasn't any forensic evidence of value to the case.
So yes, I have no doubt all this is very normal in the world of criminal defense if the experts aren't saying what you want them to. It's not normal at an academic research facility or at the FDA labs for example though. Imagine if the lawyers at Pfizer advised the FDA not to produce a report on Lipitor?

I'm pretty hot under the collar about this...can you tell?? LOL Day one of Nursing School we were taught all about the importance of the patient record. If it isn't documented, it wasn't done.
The experts will look and feel like idiots on the stand. Unlike us, they don't obsess over this case and will need lots of pieces of paper to remind them what they found where and when.

I'm wondering if they kept notes and this is considered work product and that's how Baez plans on getting around this. I wonder if "notes" as work product can be accepted into court as evidence of any value.

 

[logicalgirl]

Judge P told the Defense that they have until this Friday to turn over to the State, the area of expertise and subject matter to testify about on each Defense Expert Witness ... and also to turn over to the State all "NOTES and PHOTOS and VIDEOS" taken by an Expert during their examination of the evidence.

So, even if the Defense is skirting around not producing an official "Report" from their Experts, they still have to narrow down to Notes taken by the Expert, which provides the Expert's "opinion".

ThinkTank - we're on the same wavelength, what part of notes are considered work product and off limits for the SA for now?

 

[ThinkTank]

ThinkTank - we're on the same wavelength, what part of notes are considered work product and off limits for the SA for now?

Technically, I'm not sure what is considered work product?
Ashton said that he was not interested in any work product ....
Ashton also said that he knows someone was taking "Notes" for Dr. Lee during his examination of the evidence.
They will probably have a sparring match over what is "work product" now ....

 

[ThinkTank]

"by momgot2kids
The Seminole Clerk of Court's webpage is maintained by a group of individuals interested in technology and the community.
Dr. John Leeson is serving as the lead consultant on the Seminole County Clerk' web site project. Dr. Leeson was featured by the New York Times as a pioneer in the emerging field of digital evidence. He has served the National Center for Forensic Science as the Assistant Director for Digital Evidence Research, is a Certified Forensic Computer Examiner per the International Association of Computer Investigative Specialists, and is an AccessData Certified Examiner and Instructor. Dr. Leeson is a retired Associate Professor of Computer Science at the University of Central Florida, having taught a wide variety of computer science courses including one of the United States' first graduate courses in computer forensics. He is currently a computer forensics consultant and trainer for AccessData Corporation."

 

[LambChop]

I think the difference may be what the attorney writes down on his little legal pad and what the expert puts down as notes he took during his examination. The expert would write a report on what he examined and use his notes to refresh his memory. If the expert could not find anything to help defense why would defense want a report they would have to turn over to SA and plus defense would be expected to pay for that report.

Any notes taken by Dr. Lee or his assistant are his notes. This could be why Dr. Lee is not returning SA's phone calls. Notes are of no help to defense. I would think Dr. Lee knows very well what decomposition smells like and would have to admit to that in court. My guess is we will not see Dr. Lee in court if there is no depo for SA. jmo

 

[AZlawyer]

Technically, I'm not sure what is considered work product?
Ashton said that he was not interested in any work product ....
Ashton also said that he knows someone was taking "Notes" for Dr. Lee during his examination of the evidence.
They will probably have a sparring match over what is "work product" now ....

Certain work product issues are in flux in various jurisdictions, and I'm not sure where Florida courts stand on the issues right now.

But based on the fact that HHJP ordered production of experts' notes, I would venture a guess that at least expert notes regarding observations of the evidence (e.g., Lee's assistant writing down, "HL opens trunk. Horrible smell. All gag." ) will be discoverable. And based on the fact that everyone seemed to agree that some expert notes would be work product, I would venture a guess that at least expert notes regarding conversations with counsel (e.g., Lee writing, "Called JB. Told him there is no question Caylee is dead. I would know that smell anywhere.") would not be discoverable.

 

[Horace Finklestein]

Will these experts be handing out books at the trial? This is so disgusting...I'm glad for Mr. Hornsby's reassurance that at some point these for-profit (money or fame or book sales) experts will have to testify under oath about their findings/opinions.

I'm guessing the defense is looking for a lot of "inconclusive", "resembles", "may not be", etc. nonsense to get that precious reasonable doubt, since there is no defense or alibi.

Are there any experts in "31-days-no-report-daughter-missing-ology"?? That's the only one we need here imo!

 

[LambChop]

Will these experts be handing out books at the trial? This is so disgusting...I'm glad for Mr. Hornsby's reassurance that at some point these for-profit (money or fame or book sales) experts will have to testify under oath about their findings/opinions.

I'm guessing the defense is looking for a lot of "inconclusive", "resembles", "may not be", etc. nonsense to get that precious reasonable doubt, since there is no defense or alibi.

Are there any experts in "31-days-no-report-daughter-missing-ology"?? That's the only one we need here imo!

But on the other hand it is pretty hard to find an expert today who hasn't written a book. They are all writing something. lol

 

[ynotdivein]

Judge P told the Defense that they have until this Friday to turn over to the State, the area of expertise and subject matter to testify about on each Defense Expert Witness ... and also to turn over to the State all "NOTES and PHOTOS and VIDEOS" taken by an Expert during their examination of the evidence.

So, even if the Defense is skirting around not producing an official "Report" from their Experts, they still have to narrow down to Notes taken by the Expert, which provides the Expert's "opinion".

Why do I think this release from the defense will post at 4:59:59 p.m. Friday, and that the media will NOT be getting a copy of that fax in advance? :waitasec:

(Oops, my snark is showing. :croc

 

[Intermezzo]

Judge P told the Defense that they have until this Friday to turn over to the State, the area of expertise and subject matter to testify about on each Defense Expert Witness ... and also to turn over to the State all "NOTES and PHOTOS and VIDEOS" taken by an Expert during their examination of the evidence.

So, even if the Defense is skirting around not producing an official "Report" from their Experts, they still have to narrow down to Notes taken by the Expert, which provides the Expert's "opinion".

Why do I think this release from the defense will post at 4:59:59 p.m. Friday, and that the media will NOT be getting a copy of that fax in advance? :waitasec:

(Oops, my snark is showing. :croc

I believe Judge Perry said by 4pm Friday so the defense will probably submit the discovery at 3:59:59 pm Friday :angel:

 

[Numbers]

Judge P told the Defense that they have until this Friday to turn over to the State, the area of expertise and subject matter to testify about on each Defense Expert Witness ... and also to turn over to the State all "NOTES and PHOTOS and VIDEOS" taken by an Expert during their examination of the evidence.

So, even if the Defense is skirting around not producing an official "Report" from their Experts, they still have to narrow down to Notes taken by the Expert, which provides the Expert's "opinion".

Unless they contain "work product."

Wanna bet it's all "work product?" Suddenly and catastrophically, it's all "work product."


I promise to read ahead before opening my fat yap. I promise to read ahead before opening my fat yap. I promise to read ahead before opening my fat yap. I promise to read ahead....

 

[truckengirl]

Dr. Lee's expertise is in blood spatter. There's no blood spatter involved in this case. He charges about $300,000 just to testify and I don't think FL will agree to that. He's not an expert in insect activity, or fauna and flora in the Florida area. I have NO IDEA what use he is to the defense other than a big name to use.

If I recall correctly he will not be testifying about any hair samples because when JB was trying to get money for all his experts he asked for a hair expert and Judge Perry asked him could HL not do the hair testing and JB told him no he was not an expert in hair. Judge Perry told JB ok but that may come back at you later. Soooooooo in other words, I dont think Judge Perry will let HL testify as an expert on hair and since there is no blood that we know of I am not sure what he will testify on.

 

[Leila]

Among those on the list:

•Dr. Henry Lee, the well-known criminalist and forensic pathologist often associated with the O.J. Simpson case. According to his website, Lee is founder and professor of the Forensic Science Program at the University of New Haven. During a 40-year period, Lee assisted with the investigations of some 6,000 cases.

• Dr. Tim Huntington, an assistant professor at Concordia University, Nebraska, and a board-certified entomologist. Forensic entomology applies the study of insects to a legal context to help establish times of death and postmortem movement of bodies.

• Richard Eikelenboom, a renowned Dutch forensic expert who, along with his wife Selma, is a partner at Independent Forensic Services, a Netherlands lab specializing in trace evidence recovery and Touch DNA testing. They are considered pioneers in the field of "Touch DNA." Richard Eikelenboom is a DNA expert who handles blood-pattern analysis.

Other experts listed by the defense are:
Dr. Werner Spitz, from Michigan;
Dr. Kathy Reichs, of North Carolina;
Dr. Jane H. Bock, of the University of Colorado Ecology and Evolutionary Biology Department;
Dr. Scott Fairgrieve, chair of the Department of Forensic Science at Laurentian University in Ontario;
Dr. Kenneth Furton, of University Medical & Forensic Consultants, Inc., in West Palm Beach;
Dr. Barry Logan of National Medical Services, Inc., in Willow Grove, Pennsylvania;
Dr. John Leeson, of Winter Springs;
Dr. William Rodriguez, of Maryland;
Dr. Michael Freeman, forensic epidemiologist;
Michael O'Kelly, an expert witness out of Nebraska.

In regards to what I put in bold. It's evident that the defense is going to argue that Caylee's remains were placed at the site on Suburban sometime after Casey was arrested on July 16, 2008. I wouldn't be surprised if the defense tries to place Caylee's date of death as sometime after Casey was arrested too. There will be an effort to distance Casey from the death and placement of the remains at the site on Suburban.

But, it's going to be difficult for the defense to get around the evidence in Casey's car. The odor of human decomposition and Caylee's hair with the death band is going to be difficult to circumvent.

 

[nums24]

Baez Wants Reimbursement For Experts' Travel

http://www.wesh.com/r/25975094/detail.html

Read the Motion: http://www.wesh.com/pdf/25975125/detail.html

 

[AZlawyer]

If I recall correctly he will not be testifying about any hair samples because when JB was trying to get money for all his experts he asked for a hair expert and Judge Perry asked him could HL not do the hair testing and JB told him no he was not an expert in hair. Judge Perry told JB ok but that may come back at you later. Soooooooo in other words, I dont think Judge Perry will let HL testify as an expert on hair and since there is no blood that we know of I am not sure what he will testify on.

I'm pretty sure HL claims to be an expert in appropriate laboratory standards as well; perhaps he will testify that the FBI failed to properly process the evidence.