Laura Babcock Murder Trial 11.28.17 - Day 23

[Velma]

Lisa Hepfner‏
@HefCHCHNews
23s23 seconds ago
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Judge is pressing Millard, who wants a break. He's not getting one. "This is a re-examination. A small part of the process.... There's been no cross examination on this document. Millard is arguing the point. #LauraBabcock

 

[RandomName479]

Shredded to pieces by Cameron......makes me wonder why Rufolo would stake his professional reputation on this.....he looked unprepared, unprofessional, in-exact and non-thorough.....he did say Rogers made a mistake in her report....and the Crown didn't clear that up....did anyone else catch this?

MOO

 

[Velma]

Millard is back up.

He pulls up an email from Dr. Driver, who Cameron referred to earlier.

Cameron stands to say she's never seen this email, even though she'd asked for all communication relating to the witness, and was told she would receive it.

Millard wants to re-examine on the document, but Justice Michael Code says Cameron didn't refer to the email because she'd never seen it.

Millard wants to send the jury from the room, or take a break.

Code says no.

"Re-examination is a very small part of the picture, Mr. Millard."

He tells Millard the email has never been made an exhibit, so he can't re-examine it.
by Shannon Martin 12:53 PM

 

[Shaz14]

Great witness for DM. Let's see who's next

opcorn:

 

[Jealoushe]

An old boyfriend of mine pretty much told me the same thing. His parents have a horse farm in Caledon and I asked him what happens if a horse dies. He told me he simply gets the backhoe going and buries the horse. Incineration would be too costly and take too long. Burial is easier and cheaper.

This or dead stock takes them away. No one cremates horses.

Crown asks about Rufolo's methodology for studying the photographs. He gives a lengthy response of his process.

Crown asks for his notes. She says she was given three pages written on a hotel notepad.

Rufolo says he didn't bring his notes. They're in Ottawa, he didn't know he had to bring them to court.
by Shannon Martin 12:15 PM

Lisa Hepfner‏
@HefCHCHNews
38s38 seconds ago
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Crown is checking Rufalo's notes. Wants to know the size of a human humerus female. Rufalo says he'd have to consult the research. He estimates 45-55mm. "I would think in that range." His estimates were "very broad" he says. #LauraBabcock

"I would think". OK then.

Cameron now pulls up one of the photos we saw earlier this morning and she's asking specifics about his observations.

She's pointing out a depression in the bone. She has pulled up two photos of a deer tibia and a human tibia, side by side, and again asks, if he's certain he can tell the burning objects in the court exhibits are deer bone.

Rufolo, "It's a poor quality image, it is just a suggestive feature. I did not make a positive identification."

Cameron, "If it's even a Tibia?" He agrees. He can't say that for sure either.

Cameron asks if he's aware of the impact of burning on bone. He agrees it can warp or twist.

by Shannon Martin 12:30 PM

Lisa Hepfner‏
@HefCHCHNews
12s12 seconds ago
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Could the differences that make these look more like deer bones be caused by burning? Rufalo pauses, but agrees, to some extent. He agrees he can't say with confidence that the bone is a tibia. "So the rest of your analysis isn't worth anything is it?" #LauraBabcock

BURN

Crown Cameron says Rufolo was asked to only analyze the photos through the lens that they may be deer bones, but he noted the bones could potentially be human.

Cameron, "Nowhere in your report does it say that it could be a human radius."

Rufolo says it was not in his report, but in "subsequent communication to Ms. Sherman" - she is counsel assistance to Millard - he made note of it.

Rufolo said he said "it's possible it could be human bone" but there were features that he found were more suggestive to deer.


by Shannon Martin 12:38 PM

Lisa Hepfner‏
@HefCHCHNews
3m3 minutes ago
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His initial reports did say it was possible some of the bones were human but they may not be. Court didn't hear that initial analysis. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
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Rufalo didn't put in his report that one bone "could be a human radius," he agrees. #LauraBabcock

Thanks for your time, better luck next witness DM

 

[Velma]

Millard is back up.

He pulls up an email from Dr. Driver, who Cameron referred to earlier.

Cameron stands to say she's never seen this email, even though she'd asked for all communication relating to the witness, and was told she would receive it.

Millard wants to re-examine on the document, but Justice Michael Code says Cameron didn't refer to the email because she'd never seen it.

Millard wants to send the jury from the room, or take a break.

Code says no.

"Re-examination is a very small part of the picture, Mr. Millard."

He tells Millard the email has never been made an exhibit, so he can't re-examine it.
by Shannon Martin 12:53 PM

Careful DM, I'll have to remove Lawyer from your business card if you keep slipping up like that. Your inexperience is showing.

 

[EspressoBean]

Looks like DM thought he could keep a few things in his back pocket........and the judge clearly having enough of DM trying to call the plays in the courtroom.

 

[Velma]

Lisa Hepfner‏
@HefCHCHNews
9s9 seconds ago
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Millard is not allowed to put in the letter that says the other archaeologist couldn't identify bones bc the photo is too blurry. Rufalo doesn't recall being asked re human bones. Millard says in the first Rufalo report, he referred to bones not appearing human. #LauraBabcock

 

[Jealoushe]

I like how he wants a time out every time he isn't prepared.

 

[inbetweendoors]

I like how he wants a time out every time he isn't prepared.

He's four years into a 25-year time out for not being prepared lol

 

[Tealgrove]

Procedure is starting to get in DM's way. LOL

That's one of the reasons you need a real Lawyer.

For a guy who doesn't like to follow the rules, this is gonna be hard for DM to swallow. LOL

 

[Velma]

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
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He qualified his statement about "no doubt," Rufalo agrees with Millard. Judge tells Millard he can re-direct questions at this point but not cross examine the witness. Code seems to be getting testy.

Lisa Hepfner‏
@HefCHCHNews
40s40 seconds ago
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"Millard you're repeating your examination in chief. Now stop it.
That's an order." Code says. #Millard is finished. "I do apologize, I've never done this," Millard says.

 

[EspressoBean]

DM got in trouble.........

 

[Quinnergirl]

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
More
He qualified his statement about "no doubt," Rufalo agrees with Millard. Judge tells Millard he can re-direct questions at this point but not cross examine the witness. Code seems to be getting testy.

Lisa Hepfner‏
@HefCHCHNews
40s40 seconds ago
More
"Millard you're repeating your examination in chief. Now stop it.
That's an order." Code says. #Millard is finished. "I do apologize, I've never done this," Millard says.

BBM-He is finished both figuratively and literally!!! :shame:

 

[Velma]

Millard he tries go into another area, Code stops him:

"The way a re-examination works, is that you clarify something in cross-examination."

Millard tries again.

Code cuts him off, "This is not proper re-examination. There was no cross on this."

Code goes on, "You are repeating your questions. Now stop it. That's an order. The re-examiner is not allowed to re-hash what you said in your examination in chief."

Millard says he's finished. "Your honour, I apologize, this is my first time doing this."

Code calls for the lunch break. We're back about 2:15 p.m. ET.
by Shannon Martin 1:01 PM

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
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Lunch break at #LauraBabcock murder trial. Back 2:15 pm

marianne boucher‏
@CityCourtsTO
9s9 seconds ago
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Millard is done with this witness. Now on a lunch break.
There will possibly be more witnesses this afternoon.

 

[Shaz14]

Procedure is starting to get in DM's way. LOL

That's one of the reasons you need a real Lawyer.

For a guy who doesn't like to follow the rules, this is gonna be hard for DM to swallow. LOL

He probably got a bit too self assured during the first half of the trial since the Crown had to do all the work. Now it's his turn. Should have gotten a lawyer.

 

[RandomName479]

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
More
He qualified his statement about "no doubt," Rufalo agrees with Millard. Judge tells Millard he can re-direct questions at this point but not cross examine the witness. Code seems to be getting testy.

Lisa Hepfner‏
@HefCHCHNews
40s40 seconds ago
More
"Millard you're repeating your examination in chief. Now stop it.
That's an order." Code says. #Millard is finished. "I do apologize, I've never done this," Millard says.

BBM :clap::clap::clap:

 

[Nosey Parker]

Am I repeating myself when I say 'gotta love that judge'?

 

[Velma]

I'm going to step away until the end of the court's lunch break but I will be back to catch up and keep posting tweets and blog

 

[FastLikeLight]

That was brutal.