GUILTY MI - Jane Bashara, 56, dies in contract killing, Grosse Pointe Park, 25 Jan 2012 #5

[jacct]

Evans said anything Bashara revealed to his lawyers can be used against him
by Gina Damron

Sounds like they'll be coming back Oct. 13.
by Gina Damron

Wait ... Oct. 14.
by Gina Damron

Evans just told Bashara to be quiet.
by Gina Damron

OK, actually, we're coming back in 15 minutes.
by Gina Damron

Judge Evans is going to have a hearing with the attorneys about the issues on ineffective council in 15 minutes. The hearing in October is to hear from the witnesses Bashara said should have been called to determine if they in fact did have information for Bob's defense.

Judge Evans is really getting angry with Bob interrupting and whispering to his attorney while she is asking the attorney questions. She told him to write it down and give him a note instead of talking anymore.

 

[jacct]

Evans back on the bench. Bashara back in court.
by Gina Damron

Evans said the allegations by defense is there were a number of witnesses, documents and evidence Bashara wanted put forward and he was denied.
by Gina Damron

Evans said there was an issue about not filing a Brady violation as to the clothing of Jane Bashara and not filing for change of venue.
by Gina Damron

Defense attorney Michael McCarthy being called to the stand.
by Gina Damron

McCarthy and attorney Lillian Diallo represented Bashara during the trial.
by Gina Damron

Ambrose asked McCarthy about Bashara's alternative sex lifestyle in BDSM and whether knew he was going to be part of the case. McCarthy said he knew it was going to be involved.
by Gina Damron

McCarthy said he was aware Bashara's lifestyle was going to be a "very big part of the prosecution's case."
by Gina Damron

Ambrose asked McCarthy how he went about learning about the lifestyle, McCarthy said he read through the discovery, the correspondence between Bashara and people involved in the lifestyle and websites.
by Gina Damron

 

[jacct]

"I also had extensive discussions with Mr. Bashara" about evidence, which included information about the lifestyle, McCarthy said.
by Gina Damron

Ambrose asked if Bashara told him why he was engaged in the lifestyle.
McCarthy said yes. Because "that's what he liked to do," he said.
by Gina Damron

McCarthy said Bashara told him that Jane Bashara suffered from medical issues that impacted their sex life.
by Gina Damron

McCarthy said that was not brought out at trial. "To me we'd already had enough of the seedy, low, disgusting" information regarding the lifestyle.
by Gina Damron

"I didn't want to drag the good name of Jane Bashara into the mud," McCarthy said.
by Gina Damron

McCarthy said he thought that it would have been found to be offensive by the jurors.
by Gina Damron

McCarthy said he thought that it would have been found to be offensive by the jurors.
by Gina Damron

McCarthy said it was irrelevant.
by Gina Damron

McCarthy also said he had no way to bring this testimony in as Bashara was not going to testify and there were no other witnesses that could bring it in.

Ambrose asked how the BDSM area was relevant. McCarthy said he didn't make that call.
by Gina Damron

McCarthy said he didn't think bringing up Jane Bashara's medical information was appropriate then and "I don't think it is now."
by Gina Damron

"He didn't get convicted because I didn't go down that road," McCarthy said.
by Gina Damron

McCarthy said he got involved in the case in April 2014.
by Gina Damron

McCarthy said an investigator was appointed in January 2014.
by Gina Damron

Judge Evans yelled at McCarthy to stop being argumentative. McCarthy is being a little snarky.

 

[jacct]

"you know I didn't get this case because I didn't have anything else to do and was inexperienced." Touche Mr. McCarthy
by migraine

McCarthy said there were two investigators.
by Gina Damron

Ambrose, talking about witnesses, mentioned J.J. McKee. McCarthy said: "The person that nobody could find."
by Gina Damron

McCarthy said they were aware of McKee prior to the trial and the issue of Gentz and McKee being in the bar together.
by Gina Damron

McCarthy said he was aware that McKee's vehicle was scraped the day after the killing.
by Gina Damron

McCarthy said there was no evidence that McKee was at Bashara's house the day of the killing.
by Gina Damron

McCarthy said he doesn't believe McKee's cell phone records were ever obtained. He said he asked a Grosse Pointe Park captain about it and Diallo asked an investigator about them.
by Gina Damron

 

[jacct]

Ambrose asking about Jane Bashara's clothing.
by Gina Damron

McCarthy said his understanding is the detective in charge from Grosse Pointe Park did not pick up the clothing from the medical examiner's office and the clothing was turned over to Jane Bashara's family. 2 years before McCarthy got the case.
by Gina Damron

McCarthy said that was a better piece of evidence as it was: "Nonexistent."
by Gina Damron

McCarthy said he could point to the incompetence of the police.
by Gina Damron

Ambrose asked McCarthy when he was informed about the leafy material that was found. He said he was alerted sometime near the end of the trial.
by Gina Damron

McCarthy said he should have had the information prior to trial.
by Gina Damron

Ambrose asked McCarthy if it would have been a good practice to have all of the discovery before trial. "Are you saying this is my fault?" McCarthy said.
by Gina Damron

McCarthy said he called the police captain and confronted him. McCarthy said prosecutors found out only shortly before he did.
by Gina Damron

"I'm not blaming the prosecutor's office at all," McCarthy said. He said they gave him that information as soon as they got it. This is about a report that came out on the leafy material that was found.
by Gina Damron

McCarthy said he was not aware that the leafy material was being tested.
by Gina Damron

Ambrose asked McCarthy if Assistant Prosecutor Lisa Lindsey took a more investigative approach to the case.
by Gina Damron

 

[jacct]

McCarthy said he met with Bashara "quite often."
by Gina Damron

McCarthy said he was against Bashara testifying.
by Gina Damron

He said Bashara gave many interviews and was on Dateline.
by Gina Damron

McCarthy said he thought they did a good job discrediting witnesses who testified.
by Gina Damron

Ambrose asking about question jury asked about the definition of reasonable doubt.
by Gina Damron

Ambrose asked if the court's example, which he said involved infidelity, was improper. McCarthy said Evans gave a detailed explanation. He said he thought that what Evans explained to the jury was in keeping with the style she has in explaining things to the jurors.
by Gina Damron

McCarthy said he thinks Evans effectively answered the question for the jury.
by Gina Damron

Ambrose thinks the example that Judge Evans gave the jury in answer to their question about reasonable doubt was prejudicial. McCarthy does not agree, thinks it was a good example.

Ambrose asking about Gentz going to police.
by Gina Damron

McCarthy said he looked at the interviews with Gentz.
by Gina Damron

McCarthy said the prosecution was designed to get Gentz's statements into evidence without having to have Gentz in court.
by Gina Damron

McCarthy said he was holding the door open that Gentz could testify, which is why the defense had him on their witness list.
by Gina Damron

McCarthy said Gentz was on his witness list as a tactical move to see if the prosecution would put him on their list.
by Gina Damron

McCarthy said he would have rather cross examined Gentz after the people called him.
by Gina Damron

Ambrose is saying that because Gentz did not testify he could not be impeached or his testimony could not be confronted by defense attorneys denying his constitutional rights.

McCarthy said prosecution couldn't force Gentz to testify because he took the Fifth.
by Gina Damron

Defense has no recourse and can not rescind the plea agreement. That was up to the prosecution.

 

[jacct]

Ambrose asking again about Jane Bashara's clothing. McCarthy said he has to "deal with the cards I got."
by Gina Damron

McCarthy said he doesn't know what that evidence would bring.
by Gina Damron

Ambrose asked if he and Diallo talked with a jury consultant.
by Gina Damron

McCarthy said they did.
by Gina Damron

McCarthy said the consultant had a formula for sizing up jurors, ran through information sheets from the jurors and gave them an analysis.
by Gina Damron

Ambrose asked McCarthy about the jury questionnaires. He asked about the bias of most of the jurors.
by Gina Damron

McCarthy said some people expressed strong feeling that Bashara was guilty.
by Gina Damron

McCarthy said those jurors were removed
by Gina Damron

McCarthy said he didn't consider filing a motion seeking a change of venue.
by Gina Damron

He said this was a case that garnered nationwide interest and Bashara himself was on Dateline twice.
by Gina Damron

"There isn't any place he could have gone where the people that live in a different county other than Wayne don't have newspapers" or see television, McCarthy said.
by Gina Damron

Ambrose asked about other areas of the state.
by Gina Damron

 

[jacct]

"I don't know where you could go where you wouldn't have had some following of this case," McCarthy said.
by Gina Damron

"When it's nationwide publicity, where are you going to go?" McCarthy said.
by Gina Damron

Court is breaking for lunch.
by Gina Damron

Be back at 1:30
by Gina Damron

Wait ... 1:45 p.m.
by Gina Damron

Bob has to go back to the jail to get his blood pressure and diabetes meds so lunch was extended.

Interesting that Ambrose moved on to the witnesses that weren't called. He still doesn't know their names. Bob gave him one but McCarthy said he had never heard of the person. That's when Judge Evans said to break for lunch and get the information if Ambrose intended to ask about it. Bob and Ambrose are huddled together now. They keep the livestream up with sound after the judge leaves the bench.

 

[jacct]

McCarthy back on the stand.
by Gina Damron

Ambrose is asked questions about Chief Hiller from the Grosse Pointe Park Public Safety Department. McCarthy said he didn't want to have Hiller on the stand because of a grudge.
by Gina Damron

McCarthy said he didn't want information to come out about an allegation against Bashara years earlier that he molested a child. Bashara was not prosecuted in that case.
by Gina Damron

McCarthy was worried about bringing in character witnesses because prosecution could come back with the child molestation. So no character witnesses were presented.

McCarthy tried to keep out as much of the BDSM info from the trial but it was legitimate evidence that the prosecution presented.

Elizabeth Stone was at the bar the night of the murder but not presented because she had nothing to add to other witnesses that testified Bob was at the bar.

Another potential witness Mr. Baracco about Gentz. Not presented because Mr. Baracco told police that Gentz told Baracco a Bob was trying to hire a hitman.

Ambrose asked McCarthy if he discussed with Bashara any of the inmates who had contact with Joseph Gentz.
by Gina Damron

Ambrose asked about someone named Wesley Johnson.
by Gina Damron

McCarthy said that last summer he received an email from Bashara's former attorney David Griem from Johnson, who claimed to have information regarding Gentz.
by Gina Damron

McCarthy said it was obvious the man was trying to do something for his own benefit.
by Gina Damron

McCarthy said he didn't respond to Johnson.
by Gina Damron

McCarthy had represented Johnson on another case. McCarthy felt Johnson was volunteering to perjure himself to get info on another case Johnson was in jail for. So McCarthy did not respond to Johnson.

Judge Evans: "Move on, move on".

Ambrose asked about Nicholas Puglia.
by Gina Damron

Puglia supposedly had a violent encounter with Gentz in the mid 1990s.

McCarthy said Gentz would have been a "decent" witness to cross examine had he testified for the prosecution.
by Gina Damron

McCarthy did not want to call Gentz because a cross examination by the prosecution would have brought out information the defense would not want the jury to hear. Ambrose again brings up prosecution did not do anything to Gentz for not testifying. Judge Evans says "There's nothing the defense could do about that, move on now."

Ambrose asked McCarthy if there was any type of immunity given to Gentz for his testimony. McCarthy asked what immunity he would need.
by Gina Damron

Ambrose asked McCarthy if Gentz made a statement to police that there was an automatic involved. McCarthy said that Bashara's mother found an old revolver in bank deposit box.
by Gina Damron

 

[jacct]

Assistant Wayne County Prosecutor Jon Wojtala cross examining McCarthy.
by Gina Damron

McCarthy said he has tried other cases that received publicity.
by Gina Damron

McCarthy said that prior to the trial he was aware there was going to be a jury questionnaire.
by Gina Damron

McCarthy said the questionnaire "was perfectly fine, as far as I was concerned."
by Gina Damron

McCarthy and Diallo had regular conversations with Bashara about defense and witnesses to call.

Investigators Bruce and Galaspie did everything defense asked for. McCarthy was not aware of anyone not getting paid or not doing everything that was asked which Bob alleges is his motion.

10 minute recess.
by Gina Damron

Recess for clerk that can't stop coughing.

 

[jacct]

Bob and Ambrose step out. Bob has been writing notes and consulting with Ambrose during the questioning. Bob has specific items he wants Ambrose to bring up.

Bob didn't get his meds at lunch so court will end at 3:45 so he can have them at 4:00.

Back on the issue of a cyst Jane Bashara supposedly had in her vagina that made her unable to have sex. Bob insists that this is the reason why Jane was OK with his BDSM lifestyle and it was not a reason for Bob to kill Jane. If it had been presented during the trial the jury would have found that the BDSM stuff wasn't important. No medical records were investigated to prove or disprove this "sexual problem" that Jane had. McCarthy counters that the jury heard that Bob was impotent so they knew Jane and Bob were not having sex and it would be embarrassing to Jane to bring up this cyst. McCarthy felt it would look like the defense trying to hurt the character of the victim.

McCarthy said the defense had a strategy. He said Bashara was a part of their discussions. "I thought that everyone was in agreement that this was the way that we should go," McCarthy testified.
by Gina Damron

McCarthy said he made a decision not to raise a Brady issue in this case, in regard to Jane Bashara's clothing.
by Gina Damron

McCarthy said prior to the trial he knew the clothing was not picked up from the medical examiner's office.
by Gina Damron

McCarthy said he thought they did fine with the lack of evidence, showing that reasonable doubt existed.
by Gina Damron

As to Gentz ... McCarthy said Gentz exercised his right not to testify.
by Gina Damron

 

[jacct]

Redirect ... Ambrose questioning McCarthy again.
by Gina Damron

Asking again about the questionnaires. Asking why individual voir dire was not done. Some jurors said they were biased against Bashara, in open court. Ambrose is saying that this prejudiced all the remaining jurors, even though all the jurors that said they had a bias were removed.

Talking about the investigators again. Didn't meet daily but talked on phone and met when necessary.

Now talking about phone records presented by Inspector Brew of the ATF. All available info from the phone records were presented during the trial. McCarthy did question the police on the stand about lack of phone records for J.J.

Ambrose asking about who decided Diallo would do the closing arguments. McCarthy said he was going to do the close but agreed with Diallo that it would be effective for Diallo to do a portion of the closing to point out to the jury evidence she had told the jury about in opening.

Judge Evans says this is now out of scope and no more questions about opening/closing arguments.

 

[jacct]

Joseph Bruce is on the stand.
by Gina Damron

Bruce said was appointed as an investigator for Bashara in January 2014.by Gina Damron

Bruce testified that his work started out as just a routine investigation of going over discovery and the witness list.by Gina Damron

Bruce said he got paid by the county. He said that because this was a high-profile, large case he submitted a request for extraordinary fees from the county that he was granted.by Gina Damron

Bruce submitted monthly vouchers for payment to the county (Judge Timmy Kenny and clerk). Had meeting with the Judge to discuss in August. At that point he was owed 40-60 hrs per week since April. Judge questioned the need for the investigator to be reading the discovery. Bruce maintains he had to read all the discovery in order to know what to investigate. Judge also questioned Bruce on skip tracing of the prosecution witnesses as well as the defense witnesses.

Witness swap: Bruce is stepping down so that attorney Lillian Diallo can take the stand.by Gina Damron

Diallo has a trial starting Thursday and cannot testify tomorrow. Judge Evans discussing with her and now swearing her in.

Diallo is on the stand.by Gina Damron

Diallo said the case "involved a lot of attention." She said the attention was not just local media, but also national based on Mr Bashara's interviews.
by Gina Damron

Diallo said she considered filing a motion for a change of venue.
by Gina Damron

Diallo said Bashara didn't want to be in front of anyone other than Judge Evans in Wayne County Circuit Court and didn't want a change of venue.
by Gina Damron

 

[jacct]

Diallo said Bashara said he felt he was being treated fairly.
by Gina

Diallo said Mr Basahara was very involved in his defense and very vocal "He had a mouth and he knew how to use it". No change of venue was submitted because Bob didn't want that.
Diallo said there were a lot of documents to go through.
by Gina Damron

Diallo told Mr. Bruce to do his job and find J.J. and interview him. Mr. Bruce did work to find him but never found him or interviewed him.

Diallo asked if she knew that J.J. McKeon was with Gentz on the night of murder. She said "How would I now, I know I wasn't with him."

Diallo said she found out in December he was not being paid, at the end of the case. But Mr. Bruce never said he didn't investigate something because he wasn't getting paid.

Diallo says the questionnaires were fair and spent hours with a jury consultant going through the questionnaires. Believes they got a fair jury for Mr. Bashara. Had some jurors marked to be excluded before they were brought in for voie duir. The jurors that were excused were questioned before the other jurors but the remaining jurors said they could be fair and impartial and Diallo believes they were.

Ambrose asking Diallo about Jane Bashara's clothing.
by Gina Damron

Diallo says she brought up the fact that the police didn't keep the clothing before the jury but did not file a Brady motion since the clothing was gone 2 years ago.

Ambrose asked if she made an objection that the information about the leaf material. Diallo said she thinks that helped Bashara.
by Gina Damron

Diallo just referred to Ambrose as "buddy." Evans told her not to do that.
by Gina Damron

Ambrose: "I've been called worse."
by Gina Damron

Diallo said the leaf report helped Bashara's position.
by Gina Damron

 

[atthelake]

The sun glasses are off http://www.wxyz.com/live2





See ya tomorrow, break until 8:30 am

 

[jacct]

Ambrose now asking Diallo about the reasonable doubt question. Diallo thought the judge's explanation was just fine, not objectionable. Mr. Bashara was sitting next to Diallo and never objected either.

Now Bob's consulting with the attorney, very animated. Judge calls the attorneys to the bench

Wow - Bob is giving Diallo a death stare and shaking his head. Diallo is staring right back shaking her head.

Judge asks if Diallo can be in court tomorrow morning at 8:30 until 1:30pm to finish her testimony.

Court is done for the day. Hearing will resume at 8:30 a.m. tomorrow.
by Gina Damron

 

[Kadoober]

Thank you so much for keeping us in the loop, jacct!

:clap:

 

[CarolinaMoon]

It is a great rarity for us to actually view this hearing live. It's been such a long time it's happened; I can't even remember the other case where this happened.

McCarthy and Ms. Diallo are doing a fantastic job defending their actions. Especially good is the fact that they did not file a Brady motion on the missing clothes. Both pointed out that there was likely evidence on the clothing which could go against Bashara. The leaf report was a positive for the defense and they had no problem with that.

There is absolutely no doubt in my mind that Judge Evans will not order a new trial.

I was impressed with McCarthy's decision not to go into Jane's "medical problem" at trial. For the life of me, I can't figure out why Bob thinks it's a big deal. Ambrose made it seem as though her problem caused her to tell Bob to go all-out into the BDSM world. At most, I could imagine her thinking it wouldn't bother her if he had a discrete affair. Unfortunately, there is nothing discrete about Bob!

I'm looking forward to more of Ms. Diallo tomorrow. She's a woman who tells it like it is in no uncertain terms.

 

[Kadoober]

It's absurd. Just for the sake of argument, let's say that DID happen. Maybe they did have an agreement where Big Bawb can go have affairs.

Did they have an agreement that he could buy a house with his mistress? Do you think maybe she just might have been very very unhappy to learn that? Especially given his lack of funds?

And even if there WAS an agreement, how on earth is that evidence that he didn't plan to have her killed?

His hubris is so extreme that he really can't process how he is in the situation he's in. It's borderline comical. MOO.

 

[Spellbound]

jacct, I wasn't able to be here today, so your wonderful posting is appreciated very much! :tyou: