GUILTY MA - Colleen Ritzer, 24, brutally murdered, Danvers, 22 Oct 2013 #2

[AnaTeresa]

I'm not sure why hearing (or hearing about) the confession should disqualify the prosecution's mental health expert. Shouldn't the expert be basing the opinion on all available information, whether the jury is allowed to hear it or not? The expert isn't weighing in on guilt, just sanity. It does not make sense to me why the evidence considered has to be consistent with what the jury will hear, as long as that particular piece of evidence is not discussed in court. Otherwise, I hope the prosecution is allowed to have another evaluation, since the defense will be presenting an opinion that he was insane at the time of the murder.

I tried poking around on the Court's website to see if I could find the records in this case and read the motions, but no such luck.

I am guessing that the expert's opinion finds such significance in his confession, it's impossible for the expert to opine without referencing it - and since the jury isn't allowed to hear about the confession, the expert isn't able to opine.

 

[Skigirl]

I'm watching the video from this morning now. I don't think Chism's attorney is doing him any favors by showing all those stills. Her intention may be to show he's insane, but as a juror, I'd just be seeing yet more reasons that he's guilty, that it was gruesome and bloody, and that he's dangerous and needs to be put away.

 

[jacct]

Julie Manganis ‏@SNJulieManganis 1m1 minute ago Trial is back in session for motion. Defense wants the courtroom closed during discussion of any part of statement.

allison manningVerified account ‏@allymanning 3m3 minutes ago
Defense say the expert relied extensively on #PhilipChism's videotaped confession, which has since been thrown out and won't be part of trial.

There is currently no livestream. FYI - the reason that the confession was precluded from trial is because the judge decided that Chism wasn't paying attention when given his Miranda rights and therefore didn't understand that his statement could be used in court. So judge said the statement/confession couldn't be used in the trial.

 

[Skigirl]

Julie Manganis ‏@SNJulieManganis 1m1 minute ago Trial is back in session for motion. Defense wants the courtroom closed during discussion of any part of statement.

allison manningVerified account ‏@allymanning 3m3 minutes ago
Defense say the expert relied extensively on #PhilipChism's videotaped confession, which has since been thrown out and won't be part of trial.

There is currently no livestream. FYI - the reason that the confession was precluded from trial is because the judge decided that Chism wasn't paying attention when given his Miranda rights and therefore didn't understand that his statement could be used in court. So judge said the statement/confession couldn't be used in the trial.

I appreciate that the judge is doing everything he can to make sure that Chism is getting a fair trial, but how frustrating. How could it be a defense that Chism was not paying attention while being Mirandized? Isn't his responsibility to pay attention?

 

[AnaTeresa]

I appreciate that the judge is doing everything he can to make sure that Chism is getting a fair trial, but how frustrating. How could it be a defense that Chism was not paying attention while being Mirandized? Isn't his responsibility to pay attention?

It's hard to say without seeing the video. I can think of some situations where LE could very quickly give a defendant his rights, and the defendant could confess without really paying attention to what they are saying. However, I could also see situations where the defendant is willfully ignoring LE. The good thing is that his statement was videotaped, which gives the judge a very clear picture of how Chism was informed of his rights and how he allegedly waived them before confessing.

Since the judge would have viewed the video before ruling on the motion, I have to think there is something there which indicates to the judge that Chism didn't knowingly waive his rights. :twocents:

 

[jacct]

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago
Robert Kinscherff, a forensic psychologist, formed opinion of #PhilipChism in part on teen's confession, which is stricken from evidence.

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago
#PhilipChism is not in the courtroom for this hearing, nor his mother. Colleen Ritzer's parents Tom and Peggie remain

Laurel J. SweetVerified account ‏@Laurel_Sweet 4m4 minutes ago
Attorney Denise Regan: "It can't be the basis. It's not independently admissible."

Julie Manganis ‏@SNJulieManganis 58s58 seconds ago
Defense says that they did not rely on suppressed statement for evaluation. They say commonwealth shouldn't rely on it either.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Lowy says "there is no rule that exists ... That they couldn't" rely on suppressed statement.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Prosecutor says it was not improper to give their expert the video. It would be improper not to have.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
DA suggests she's handicapping herself by agreeing not to use statement to impeach defense expert.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Lowy says "I'm not striking the commonwealth's expert," but the expert cannot rely on the statement during direct examination.

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago
15 pages of Kinscherff's 96-page findings on #PhilipChism pertain to his now-suppressed statement to police.

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago
Prosecutor Kate MacDougall assures Lowy, "If you pull those (15) pages out, it changes nothing."

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
ADA says defense expert describes #PhilipChism as "mumbling and incoherent" after the crime

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
That's belied by the suppressed interview.

Julie Manganis ‏@SNJulieManganis 54s55 seconds ago
Lowy: "My ruling is not going to be that the defense expert should perjure himself during cross examination."

allison manningVerified account ‏@allymanning 41s41 seconds ago
Judge Lowy: the witnesses, on cross, should answer truthfully, even if the answer involves the suppressed statement.

Julie Manganis ‏@SNJulieManganis 45s46 seconds ago
Lowy says if defense expert makes statements contrary to what is on the video the statement could come in.

Laurel J. SweetVerified account ‏@Laurel_Sweet 59s60 seconds ago
MacDougall also wants Dr. Virginia Merritt's impounded competency report on #PhilipChism from last week turned over to Kinscherff.

allison manningVerified account ‏@allymanning 1m1 minute ago
Prosecutor brings up defense opening statement, when they talked about #PhilipChism diagnosis last month of a psychotic disorder.

allison manningVerified account ‏@allymanning 2m2 minutes ago
Judge said he "flinched" when he heard that. #PhilipChism Question of whether those recent reports should be handed over to Commonwealth.

The psychosis info was in the competency eval that was done during jury selection. The report was impounded and not supposed to be used in the trial. That also tells me that Chism was not diagnosed with a psychotic disorder by the defense expert, psychosis only came up a few weeks ago in the competency eval.

Julie Manganis ‏@SNJulieManganis 3m3 minutes ago
Lowy: if report was given to defense expert it must be turned over.

Julie Manganis ‏@SNJulieManganis 30s31 seconds ago
Judge cites as precedent a case that defense lawyer Regan argued.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
DA is angry. Says defense Is "cherry picking" and improperly used competency report in opening statement.

 

[AnaTeresa]

Sounds like the defense almost caused a mistrial by referring to evidence they knew was not allowed in during their opening statement. I'd bet this was what the DA was angry about last week. :twocents:

 

[jacct]

allison manningVerified account ‏@allymanning 8m8 minutes ago
Prosecutor just said that #PhilipChism mom, Diana Chism, is not expected to testify.

Julie Manganis ‏@SNJulieManganis 8m8 minutes ago
DA says the report concluded that #philipchism may have had psychosis from stress or trial OR was malingering, or faking.

Laurel J. SweetVerified account ‏@Laurel_Sweet 8m8 minutes ago
MacDougall: Merritt last month diagnosed #PhilipChism with psychosis and said he'd agreed to see his mother for first time in 2 years.

Julie Manganis ‏@SNJulieManganis 8m8 minutes ago
Lowy: if defendant relies on recent diagnosis to go back to a prior state ... It can be impeached.

Julie Manganis ‏@SNJulieManganis 6m6 minutes ago
DA will be able to share the October competency evaluation with her expert.

Julie Manganis ‏@SNJulieManganis 3m3 minutes ago
There is another motion about a video with teacher Sarah Giaquinta. She had a conversation with Ritzer day of murder.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
DA wants the other teacher to describe their conversation, which would show that Ritzer didn't know why #PhilipChism stayed that day.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
DA knows it contradicts some witness testimony.

allison manningVerified account ‏@allymanning 42s42 seconds ago
Prosecutor: video shows there was no hostility between #PhilipChism and Ritzer.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Defense is fine with playing one minute of the video but not all five minutes.

Laurel J. SweetVerified account ‏@Laurel_Sweet 1m1 minute ago
MacDougall reveals Ritzer did NOT keep #PhilipChism after school the day she was killed and didn't know why he was lingering in her room.

Julie Manganis ‏@SNJulieManganis 44s45 seconds ago
Now they're discussing the conversations prosecutor wants to admit. The DA thinks #PhilipChism may have overheard some discussion.

 

[jacct]

allison manningVerified account ‏@allymanning 1m1 minute ago
Prosecutor: Ritzer said she thought #PhilipChismwas "just there to hang out .. She thought he might just be there to make a connection"

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
They may have to re-call the girl who was in classroom with Ritzer and #PhilipChism to testify about whether she could hear the teachers.

allison manningVerified account ‏@allymanning 1m1 minute ago
Question of whether #PhilipChism heard the conversation. Defense said no indication he did; that the convo is hearsay

Julie Manganis ‏@SNJulieManganis 51s52 seconds ago
MacDougall says she wants jurors to hear that Colleen Ritzer didn't know why #PhilipChism was there.

Julie Manganis ‏@SNJulieManganis 45s46 seconds ago
That may be admissible, says the judge because it showed her present state of mind at the time.

Julie Manganis ‏@SNJulieManganis 52s53 seconds ago
The lawyers are at sidebar.

 

[Elainera]

Sorry I'm confused now. Is the expert now allowed to testify?

 

[jacct]

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Another issue of concern today for DA was defense mention of #PhilipChism going on medication and seeing his mother for the 1st time.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
The prosecution is speaking in a raised voice at sidebar.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Clearly lots of tension between the prosecution and defense.

allison manningVerified account ‏@allymanning 2m2 minutes ago
Prosecutor Kate MacDougall getting fired up at sidebar. Speaking loud enough that we can kind of hear her in the gallery.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
They're having a lengthy sidebar now.

 

[jacct]

Sorry I'm confused now. Is the expert now allowed to testify?

The expert will be allowed to testify but can't mention anything from the confession. The defense expert can also testify but not about the confession unless it comes up. The defense expert put in the report something about Chism mumbling and incoherent after the murder. Prosecution said if this comes up in testimony they will want to bring in the video to impeach the testimony because the video shows Chism was not incoherent or mumbling. Judge said he would allow the video if defense expert testifies to anything different than is on the video.

 

[jacct]

Trial Day 6 - Part 3

https://www.youtube.com/watch?v=h_LMh2GsLEg&feature=youtu.be

 

[AnaTeresa]

For those of you interested, here are the evidentiary rules that come into play regarding whether or not the statements Colleen Ritzer allegedly made can come in.

http://www.mass.gov/courts/case-leg...s-guide-to-evidence/article-viii-hearsay.html

ETA: clarification that I was talking about the hearsay statements, not the dueling expert statement issue.

 

[jacct]

Julie Manganis ‏@SNJulieManganis 5m5 minutes ago
They're back in session now. Defense admitting that they have late notified of testimony from another doctor.

Julie Manganis ‏@SNJulieManganis 4m4 minutes ago
The prosecution wants to conduct a Daubert hearing to challenge qualification of new defense expert.

That must be what the heated sidebar was about. Kinda late in the trial to bring in a new witness that hasn't been deposed by prosecution or provided a report prior to today. Prosecution will want their expert to read the report of the new witness before testifying.

Julie Manganis ‏@SNJulieManganis 4m4 minutes ago
Judge is now explaining his decision last week not to let public or press into his meeting with #PhilipChism cites prejudice and safety.

allison manningVerified account ‏@allymanning 4m4 minutes ago
Judge says it was proper, because having press there would have been prejudicial to defense and prosecution.



No tweets for a while so that must be it for the day. Trial won't start again until next Monday at 9:00am EST.

 

[AnaTeresa]

That's an incredibly late disclosure. In my area, expert witness reports need to be turned over about thirty days before trial. Defense are going to have to clear a high bar with the judge that there is a good faith reason for this delay and it doesn't hinder the State's case.

 

[Elainera]

The expert will be allowed to testify but can't mention anything from the confession. The defense expert can also testify but not about the confession unless it comes up. The defense expert put in the report something about Chism mumbling and incoherent after the murder. Prosecution said if this comes up in testimony they will want to bring in the video to impeach the testimony because the video shows Chism was not incoherent or mumbling. Judge said he would allow the video if defense expert testifies to anything different than is on the video.

Thank you jacct! That makes it clearer.

 

[Skigirl]

That's an incredibly late disclosure. In my area, expert witness reports need to be turned over about thirty days before trial. Defense are going to have to clear a high bar with the judge that there is a good faith reason for this delay and it doesn't hinder the State's case.

I would be so angry if I were the prosecution. It looks to me like the defense desperately shopped around until they could find someone who would call him psychotic, because they have nothing else. They had two years to prepare for the trial, and what's relevant isn't that he's psychotic now, but rather that he was psychotic then. If they couldn't find someone to say that he was psychotic then, it's really not fair to bring someone new in, in my non-expert opinion .

 

[LinasK]

Oh man, this is even worse if Colleen hadn't asked him to stay after class. It shows he was a predator just waiting for her to leave the classroom. What would he have done if the other girl had left with her or if Colleen hadn't gone into the restroom???
So much for the "I schooled the teacher because she made me mad"!!!

 

[atthelake]

I have livestream on this link:
http://www.wcvb.com/news/newscenter-5-breaking-news/26098608

Twitter link: https://twitter.com/hashtag/philipchism?f=tweets&vertical=default[/QUOTE]

Another livestream link: http://worldjusticenews.com/philip-chism-live-stream4.htm[/QUOTE]

Tx Jaact !!