Trial day 31: the defense continues it's case in chief #86

[Schuby]

I was in the kitchen doing some mise en place for tonight's dinner and listened to HLN. Sounds to me like the DT is playing games with JM and trying to bring in new information about Jodi's symptoms/diagnosis. :furious:

I recognize another Food Network watcher when I see one! High Five!

 

[JusticeJunkie]

WOW, this judge is going WAY overboard because she is not confident enough of herself to know what will and what will NOT be ground for an appeal.
Get with the program, judge, and do what you are suppose to do!!

 

[BetteDavisEyes]

How ticked off is that jury right now?

Wow.

I hope that no one on the jury is experiencing financial hardship due to the extensive length of this trial. They probably had no idea that they'd be away from their daily lives for this long. I admire and appreciate their commitment, endurance, and patience.

 

[Donnareit]

Stay calm WSers. Here is the stuff that appeals are made of - and I do believe only the defendant gets to appeal. If some later/higher court finds she was denied the opportunity to present her best defense . . . well, we all know how that goes.

Attorneys please weigh in on this.

NEXT ISSUE the PTSD diagnosis maybe works for AFTER the gun goes off, but there is not and cannot be one for prior that would account for all the planning we've seen in evidence. No matter how triggered she might have been at the shower door, she left Yreka with a gun and she left Pasadena with 3 cans of gas and brown hair.

Psychologist please weigh in on this.

Breathe in, breathe out, breathe in, breathe out . . . Screw that . . . break open the wine!

 

[polleypockets]

Abstract:
Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental-reactive aggression dichotomy.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1081005

ok if he is not allowed to discuss premeditation and crime of passion - how can he talk about this?? i

 

[leebee52]

I just had a vision of Wilcot in a Wonder Woman outfit.

 

[BritsKate]

"Your brain under fire" article in Time magazine

http://swampland.time.com/2013/01/16/your-brain-in-a-shootout-guns-fear-and-flawed-instincts/

Wow. There isn't even a single citation to ANY doctor - psych or medical.

 

[sweetmop]

This judge never had control of this courtroom. She is very weak and overly cautious, to the point that it's detrimental to the state. She has to seek balance and she's bending over for the defense. I know why she's doing it, but I think it's weak and spineless.

And before anyone says they've never seen such a weak judge, may I turn your attention to Judge Lance Ito, OJ Simpson trial debacle, circa 1995. Weak doesn't even begin to cover it.

And also Judge Belvin Perry. Blowhard bluffer. I was never impressed with him, not from day 1.

I like my judges lean, mean, on point, punctual (and a little sarcastic, but that's just me).

AMEN Sista!!!

 

[NotMyselfNEMore]

Why can't Dr. Samuels testify to what he knows and can recall from patient assessment and testing, as did every other witness?
The ME didn't bring in a slide show of autopsy photos, or a recreation of how the wounds were most likely created - even when Ms. Wilmott compared the shooting of Travis in the head to a 'believe it or not' photo of a person with a iron railing through the head.

 

[Timber]

She allowed the re-edited phone sex tape with text so I would be surprised if she doesn't allow this.

Sad (un totally unfair) ... But likely true.
What a load of bull.

 

[Nezumi]

So allowing Juan time to interview this witness means no hand slapping for the defense team. They are in clear violation of the due process and she does nothing - she enables them to be sneaky and underhanded. It's disgusting, this judge is horrendous. I'm thoroughly and totally sickened by the way she performs her job.

Not necessarily. I think the Judge can issue monetary sanctions against the DT if she wants to with no prejudice to their client.

 

[bexlex]

This will be the true test of this judge.

She looked really annoyed with the DT...

 

[sassy_texasbelle2]

She strikes me just like JA when caught in a lie. Talks so fast you cannot keep up with her.

 

[Boytwnmom]

if testimony by the expert of his opinion regarding premeditation is not allowed then there is no way she can permit the info regarding the two kinds of murder scenes. The purpose is to instruct the jury about what the murder scene means in terms of whether the murder was premeditated or not. It's not permissible-that is solely the province of the jury to decide whether a murder was premeditated. It is wholly irrelevant what any expert thinks a crime scene says. That is not a permissable expert opinion. That is a finding of fact solely in the jury's hands. I can't believe she is even arguing he can give this testimony. I really hope this judge shuts that down as the jury should in no way hear such testimony. Not to mention this "expert" figures out crime scenes how? By reading Time magazine? He's supposed to testify as a "psychologist" not a crime scene expert.

How can a psychologist address a crime scene and what it means? That's pretty absurd from what I know. A crime scene isn't a psychological condition. If his testimony is about how she had PSTD when she committed the crime in 2008 I'm not seeing how that can reasonably be morphed into him telling the jury how to evaluate the evidence at a crime scene.

Indeed it will!

 

[Weebles]

So, is this the Time article?
http://swampland.time.com/2013/01/16/your-brain-in-a-shootout-guns-fear-and-flawed-instincts/

And here is the author that the Dr relies on for his research. They have got be kidding http://newamerica.net/user/319

I see she has a book coming out about the best public school systems in the world

 

[Lulu67]

OMG.....O/T ---- Debra Jean Milke's conviction has been overturned!!! Thank God! I don't think she did it, at ALL.

 

[spcagrl]

"Your brain under fire" article in Time magazine

http://swampland.time.com/2013/01/16/your-brain-in-a-shootout-guns-fear-and-flawed-instincts/

Well, that article seems to be more about what happens when someone points a GUN AT you.......which seems to be more fromTravis perspective. I call Bull chit.

 

[garthmax]

Not to worry. Mr. Juan will rise to the occasion on cross. The jury will also get to ask questions and I hope one will be: How can you base your opinion on a pathological liar?

 

[Nosey Parker]

Sounded like it was directed at Juan

How could it be directed at Juan? Wilmott stated the Power Point was only completed (or handed over) this morning. How could Juan have argued it yesterday? I think the 'ship has sailed' comment was directed to Wilmott. :moo:

 

[Isabelle]

'Time' magazine slid downhill long ago, same as 'Newsweek'. Heck, 'People' magazine is nothing but a paid PR rag now. Back in the day, these magazines used to be something. jmho.

It would be professional suicide for this doctor to refer to articles in Time magazine as part of the research/information he depends on in his job. He would make himself to look like a fool by doing this. As an RN, if I tried to use anything in any article other than approved professional research, I would be crucified and burned on the cross!