Motion to Take Deposition to Perpetuate Testimony of Jill Kerley

[The World According]

I wonder how long it will take the State to let us see her deposition?

At first it would be done by Skype, but now I'm hearing the attorneys are going to Tennessee.

Oh, to be a fly on the wall... I'm so.... nosey!:dance:

I believe it took three to four months for us to see Annie's depo by the state, if we use that as our guide maybe we will see it in the summer.

 

[The World According]

Check this out...this reporter says that Jose told him that he will be going to Tennessee for the state's deposition of Ms. Kerley, then he will be going back, a second time to take his own deposition of her at later date. What? I thought he could not tag along without releasing a witness list with her name on it. [ame]http://www.youtube.com/watch?v=ChiN7LbFC9o[/ame]

 

[chefmom]

Check this out...this reporter says that Jose told him that he will be going to Tennessee for the state's deposition of Ms. Kerley, then he will be going back, a second time to take his own deposition of her at later date. What? I thought he could not tag along without releasing a witness list with her name on it? He seems to have a poor understanding of the rules, often. Otherwise he is releasing a witness list this week. My money is on the former of the two possibilities. http://www.youtube.com/watch?v=ChiN7LbFC9o

He is just posturing, IMO. He "plans on" being there, but that doesn't mean he will be. I "plan on" losing 20 lbs and looking 10 years younger by next week! Lol!

 

[Sun]

Check this out...this reporter says that Jose told him that he will be going to Tennessee for the state's deposition of Ms. Kerley, then he will be going back, a second time to take his own deposition of her at later date. What? I thought he could not tag along without releasing a witness list with her name on it? He seems to have a poor understanding of the rules, often. Otherwise he is releasing a witness list this week. My money is on the former of the two possibilities. http://www.youtube.com/watch?v=ChiN7LbFC9o

I thought that both sides were allowed to be present during a State's deposition. (we know that DC opposed being deposed, so the State's remedy was to question him through an investigative subpoena IIRC. That method would not afford Baez/defense any right to be present.

Of course I may just understand the process incorrectly, something that I do on occasion. :waitasec:

 

[chefmom]

I thought that both sides were allowed to be present during a State's deposition. (we know that DC opposed being deposed, so the State's remedy was to question him through an investigative subpoena IIRC. That method would not afford Baez/defense any right to be present.

Of course I may just understand the process incorrectly, something that I do on occasion. :waitasec:

I'm not sure if he is allowed to be at ANY depo that the state conducts. Maybe just the ones that are taken of his witnesses. This may be a good question for the attorney thread.

 

[Sun]

I'm not sure if he is allowed to be at ANY depo that the state conducts. Maybe just the ones that are taken of his witnesses. This may be a good question for the attorney thread.

My thanks go out to Themis ....found this in my notes.

By Themis --A deposition is a pre-trial discovery/trial preparation method. It is essentially an interview of a potential witness, placed under oath, and transcribed by a court reporter. It is not done in the presence of a judge. It differrs from an interview because the witness is under oath and the statements made by the witness can be used as a prior sworn statement to impeach the witness at trial. Depos are noticed to the other side and they are allowed to attend and ask questions. The witness may also bring an attorney to consult with, but the witness attorney does not ask questions, just consults with the witness privately. Anyone can record the deposition (like taking notes) but only the court reporter's transcript is the official record of the deposition. The witness gets a chance after the deposition to review the transcript and make end notes, like "Page 4, paragraph 7, I recall testifying that the light was not red. The transcript states I testified that the light was red. This is called an errata sheet or comment sheet. The deposition and errata sheet become part of the record. If there is a substantive dispute like that, the attorneys who scheduled the depo may want to re-open the depo to ask further questions in that area. Otherwise, the audio and typed record of the court-reporter are the only official record to be referred to to resolve a substantive dispute. Depositions are generally taken to preserve the testimony of a witness in the event a witness becomes unavailable for trial. Some of the reasons a witness may become unavailable for trial are: the witness is in ill health and dies before trial or is too ill to attend the trial (physical unavailability), the witness moves out of the jurisidiction and beyond the subpoena power of the court (geographic/jurisdictional unavailability), the witness states they can't remember certain things and the depo can be used to refresh their memory at trial (mental unavailability), or the witness may be subject to charges or otherwise have a right to and does claim the 5th amendment right to remain silent (that is a legal unavailability). If a witness is subpoenaed for a deposition and refuses to show up or is belligerent in refusing to answer questions and that refusal is not based on a legal privilege or the 5th Amendment rights to remain silent because what is asked calls for an answer that may incriminate the witness, then the remedy is to make a motion in court to compel the witness to answer. Once the witness is ordered by the court to answer the question(s) and does not, the witness may be subjected to an Order to Show Cause why the witness should not be held in contempt of court; exposing the witness to possible incarceration and heavy fines.

 

[The World According]

Was Baez present when the state deposed Annie?

 

[Sun]

Was Baez present when the state deposed Annie?

LDB doesn't identify Baez being present, however does make mention that this is being done by an "investigative subpoena" ....the link to the depo is on this page. EE and YM do much of the questioning.

http://www.cfnews13.com/News/Sideba...o_recordings_released_by_law_enforcement.html

 

[mitzi]

He is just posturing, IMO. He "plans on" being there, but that doesn't mean he will be. I "plan on" losing 20 lbs and looking 10 years younger by next week! Lol!

Exactly what I thought too. I also bet if JB gets a chance to read the state's deposition, that he won't bother deposing JK AT ALL! He knows this is just a BS move for the defense and a delay tactic.

ETA: Guess according to post above, that JB does get to be there.

 

[mitzi]

My thanks go out to Themis ....found this in my notes.

By Themis --A deposition is a pre-trial discovery/trial preparation method. It is essentially an interview of a potential witness, placed under oath, and transcribed by a court reporter. It is not done in the presence of a judge. It differrs from an interview because the witness is under oath and the statements made by the witness can be used as a prior sworn statement to impeach the witness at trial. Depos are noticed to the other side and they are allowed to attend and ask questions. The witness may also bring an attorney to consult with, but the witness attorney does not ask questions, just consults with the witness privately. Anyone can record the deposition (like taking notes) but only the court reporter's transcript is the official record of the deposition. The witness gets a chance after the deposition to review the transcript and make end notes, like "Page 4, paragraph 7, I recall testifying that the light was not red. The transcript states I testified that the light was red. This is called an errata sheet or comment sheet. The deposition and errata sheet become part of the record. If there is a substantive dispute like that, the attorneys who scheduled the depo may want to re-open the depo to ask further questions in that area. Otherwise, the audio and typed record of the court-reporter are the only official record to be referred to to resolve a substantive dispute. Depositions are generally taken to preserve the testimony of a witness in the event a witness becomes unavailable for trial. Some of the reasons a witness may become unavailable for trial are: the witness is in ill health and dies before trial or is too ill to attend the trial (physical unavailability), the witness moves out of the jurisidiction and beyond the subpoena power of the court (geographic/jurisdictional unavailability), the witness states they can't remember certain things and the depo can be used to refresh their memory at trial (mental unavailability), or the witness may be subject to charges or otherwise have a right to and does claim the 5th amendment right to remain silent (that is a legal unavailability). If a witness is subpoenaed for a deposition and refuses to show up or is belligerent in refusing to answer questions and that refusal is not based on a legal privilege or the 5th Amendment rights to remain silent because what is asked calls for an answer that may incriminate the witness, then the remedy is to make a motion in court to compel the witness to answer. Once the witness is ordered by the court to answer the question(s) and does not, the witness may be subjected to an Order to Show Cause why the witness should not be held in contempt of court; exposing the witness to possible incarceration and heavy fines.

I guess JB does have a right to be at the state's depo of JK...what confuses me is why wasn't he present at George and Cindy's...even if they were with Morgan? You'd think he'd want to be there for as long as those lasted and because they could have certainly made statements that showed his client, KC in a poor light....I just don't "get" this defense team.:snooty:

 

[Chiquita71]

Hello WS

I watched that last hearing where there was discussion re: JK. I heard the SA say they would go to TN, they would do whatever was needed to accommodate JK and get her statement. IIRC, they said they would not charge the defense for the time they would take to go to TN. I have read most of this thread and all that was mentioned and discussed, thank you. But, I was waiting for someone else to bring up what I thought I heard. Did anyone else hear the SA say that they needed proof of JK's illness?

TIA

...JS...

 

[The World According]

Yes, the state, Mrs. Drane-Burdick , said that she had received faxes or e mails from some of Ms. Kerley's care givers, and that IF her testimony ever came to be discussed as being used at trial, of course she would require sworn statements from her doctors attesting to her inability to travel to court in Florida. The emphasis on IF. I think she trusts this will be made short order of and never come close to that ever passing the laugh test, so it is not a pressing issue for her. I get the biggest kick out of her.

 

[The World According]

Today is the day. God speed to Mrs. Drane Burdick or Mr. Ashton if they indeed fly to do this depo rather than let her Sype it in. I trust they will make short order of this. If I had kids in law school I would be glad to have them intern at their offices.

 

[The World According]

Kronk's Ex-Wife Questioned By Prosecutors


http://www.wftv.com/news/22673799/detail.html

ORLANDO, Fla. -- The ex-wife of the former Orange County meter reader who found Caylee's remains was questioned Thursday by prosecutors. Jill Kerley's deposition was taken via Skype from her attorney's office in Knoxville, Tennessee.

 

[The World According]

I am sooo happy this is over with. What is next?

 

[ExpectingUnicorns]

I am sooo happy this is over with. What is next?

Yes. Now should we be hearing if JS thinks her information is valid and relevant? And how will we expect to hear his decision? Does anyone know?

 

[JBean]

[ame="http://www.websleuths.com/forums/showthread.php?t=96572"]Kronk's Ex-Wife Questioned By Prosecutors - Websleuths Crime Sleuthing Community[/ame]