GUILTY TX - Christina Morris, 23, Plano, 30 Aug 2014 - Enrique Arochi kidnapping trial #3

[Quailfoot]

Aside, for all, because as a group, you are all interested and intelligent:

http://www.law.nyu.edu/sites/default/files/upload_documents/Crim.TaylorThompson.Fall.05.doc

This is a link that goes through the basics of the different types of criminal mindsets and so forth. Not really specific to this case. But, once you look through it, you can see better why both sides - prosecution and defense - have to be thorough and repetitive in their lines of questioning.

The thing about criminal lawyering is that you have to realize that the vast majority of defense attorney began their careers working in DA offices. Therefore, they know what needs to be done to get a conviction - or, to help a defendant avoid a conviction.

Although I haven't been able to attend, just from the posts and tweets, it sound like both sides here are really good at what they do, and that judge is very sound. Wish I could be there to see it in person, but...work prevents.

Any of you who can go see or hear any of this should. It really is good lawyering on both sides.

 

[arkansasmimi]

A good point from one of the tweeters: Not likely a false positive from cleaners because it only fluoresced in that one area, not all over the mat.

But if that was only area used by cleaners? (thinking out loud)

 

[arkansasmimi]

Plano Star Courier ‏@planonewspaper 2m2 minutes ago
Prosecution argues there's not enough blood left for a definitive test for blood; Staub's expert testimony should be allowed #arochitrial

Plano Star Courier ‏@planonewspaper 1m1 minute ago
Prosecution: Staub "synthesizing" own conclusion from scientific tests and own professional background #arochitrial

Natalie Solis ‏@Fox4Natalie 2m2 minutes ago
Judge talking w attorneys after taking to Staub. Judge pressing state on why he should allow jury to hear from Staub. @FOX4 #arochitrial

 

[arkansasmimi]

Plano Star Courier ‏@planonewspaper 54s55 seconds ago
Defense: No underlying data any more than a guess about use of cleaners, no evidence cleaning products were used on truck #arochitrial

Natalie Solis ‏@Fox4Natalie 2m2 minutes ago
Judge wants to know why definitive blood test-HemaTrace- wasn't done. State says bc sample wasn't big enough @FOX4 #arochitrial

 

[minor4th]

But if that was only area used by cleaners? (thinking out loud)

Why would he just be cleaning one spot of the trunk? (unless maybe there's a blood stain there that he wants to remove ....)

 

[minor4th]

I think he should be allowed to testify - and defense can bring another expert to explain why he thinks it isn't blood.

 

[Quailfoot]

<modsnip>

But "intent" is indeed always inferred, because "intent" is a state of mind, not an action. So you have to derive an intent from something else. You can NEVER provide a snapshot of the person's mind thinking x, y, or z, and intent goes to what was in their mind.

It's true that the evidence available to draw that inference may be better or worse, stronger or weaker, more or less voluminous. But whatever it is, it still requires a conclusion based on inference, not on actual observation of a mind.

Neither. I know it's not true because there is statutory and case law built around punishing crimes where no intent is available.

In this case, intent will have to be inferred because they will not be able to establish it conclusively. And, that's fine.

 

[arkansasmimi]

Plano Star Courier &#8207;@planonewspaper 1m1 minute ago
Defense: Staub assumes cleaners were used to wash away blood, but there is no direct evidence of cleaner use in trunk #arochitrial

 

[SaintGirl]

I think he should be allowed to testify - and defense can bring another expert to explain why he thinks it isn't blood.

Exactly.

 

[arkansasmimi]

Plano Star Courier &#8207;@planonewspaper 1m1 minute ago
Defense: Staub assumes cleaners were used to wash away blood, but there is no direct evidence of cleaner use in trunk #arochitrial

 

[minor4th]

Why are my margins blown?

 

[TCMom]

Aside, for all, because as a group, you are all interested and intelligent:

http://www.law.nyu.edu/sites/default/files/upload_documents/Crim.TaylorThompson.Fall.05.doc

This is a link that goes through the basics of the different types of criminal mindsets and so forth. Not really specific to this case. But, once you look through it, you can see better why both sides - prosecution and defense - have to be thorough and repetitive in their lines of questioning.

The thing about criminal lawyering is that you have to realize that the vast majority of defense attorney began their careers working in DA offices. Therefore, they know what needs to be done to get a conviction - or, to help a defendant avoid a conviction.

Although I haven't been able to attend, just from the posts and tweets, it sound like both sides here are really good at what they do, and that judge is very sound. Wish I could be there to see it in person, but...work prevents.

Any of you who can go see or hear any of this should. It really is good lawyering on both sides.

Well yeah. You don't get to be a highly successful, highly sought after, highly paid defense attorney by being a nice guy.

 

[arkansasmimi]

Valerie Wigglesworth &#8207;@vlwigg 17m17 minutes ago
Staub testifies that potential sources for DNA are blood, saliva and semen. Since DNA is for Morris, other option is saliva #arochitrial

@vlwigg what about sweat?

Valerie WigglesworthVerified account &#8207;@vlwigg 2m2 minutes ago
.@XXXX He didn't list that one. I don't know #arochit

 

[arkansasmimi]

Valerie Wigglesworth &#8207;@vlwigg 17m17 minutes ago
Staub testifies that potential sources for DNA are blood, saliva and semen. Since DNA is for Morris, other option is saliva #arochitrial

@vlwigg what about sweat?

Valerie WigglesworthVerified account &#8207;@vlwigg 2m2 minutes ago
.@XXXX He didn't list that one. I don't know #arochitrial

 

[arkansasmimi]

Valerie Wigglesworth &#8207;@vlwigg 17m17 minutes ago
Staub testifies that potential sources for DNA are blood, saliva and semen. Since DNA is for Morris, other option is saliva #arochitrial

@vlwigg what about sweat?

Valerie WigglesworthVerified account &#8207;@vlwigg 2m2 minutes ago
.@XXXX He didn't list that one. I don't know #arochitrial

 

[arkansasmimi]

Valerie WigglesworthVerified account &#8207;@vlwigg 2m2 minutes ago
Defense argues that Staub not part of independent, accredited lab - he's part of @PlanoPoliceDept team on the case #arochitrial

Plano Star Courier &#8207;@planonewspaper 1m1 minute ago
Defense arguing that Staub is "hired gun" for prosecution, not an objective unbiased observer #arochitrial

 

[Quailfoot]

Well yeah. You don't get to be a highly successful, highly sought after, highly paid defense attorney by being a nice guy.

Same with successful prosecutors. ;-)

Very few "nice guys" in the field of criminal law. You pretty much have to be hard-nosed on both sides. These are good not nice guys in this trial.

 

[Quailfoot]

Valerie Wigglesworth &#8207;@vlwigg 17m17 minutes ago
Staub testifies that potential sources for DNA are blood, saliva and semen. Since DNA is for Morris, other option is saliva #arochitrial

@vlwigg what about sweat?

Valerie WigglesworthVerified account &#8207;@vlwigg 2m2 minutes ago
.@XXXX He didn't list that one. I don't know #arochitrial

Also: Skin cells. Hair. Toe nails. Finger nails.

 

[arkansasmimi]

Valerie WigglesworthVerified account &#8207;@vlwigg 1m1 minute ago
Judge is thinking ... queue Jeopardy music. #arochitrial

Valerie WigglesworthVerified account &#8207;@vlwigg 2m2 minutes ago
Prosecutor Rolater says Staub testimony relies on his expertise: if positive Blue Star reax backed up by DNA, it's likely blood #arochitrial

 

[arkansasmimi]

Quote Originally Posted by arkansasmimi View Post
Valerie Wigglesworth &#8207;@vlwigg 17m17 minutes ago
Staub testifies that potential sources for DNA are blood, saliva and semen. Since DNA is for Morris, other option is saliva #arochitrial

@vlwigg what about sweat?

Valerie WigglesworthVerified account &#8207;@vlwigg 2m2 minutes ago
.@XXXX He didn't list that one. I don't know #arochitrial

Also: Skin cells. Hair. Toe nails. Finger nails.

I think they mean body "fluids" ?