GUILTY UT - Michele MacNeill, 50, found dead in bathtub, Pleasant Grove, 11 April 2007 - #2

[Ina Cognito]

Was this a 15 min break or lunch break?

 

[Zuri]

While I understand that Rachel is a wreck over the trial and the facts of the case, I hope if she is recalled to the stand she is able to collect herself a bit.

I hope and believe the jury will have found her to be a sympathetic witness, but if she continues to "fall apart" on the stand, it would be pretty easy for them to dismiss her testimony on the basis of it being overly emotional.

Specifically, the point she made about her father single-handedly carrying large sheets of drywall seemingly with ease was very important and serves to argue against his claim that he was physically unable to remove his wife from the tub. However, she was so agitated when she recounted this, it was less impactful.

The next time (if there is one), she should acknowledge the jury with a little nod as a way of communicating to them that she is going to do her best to remain collected and she should do her level best to do so.

Also, as unpopular as this comment may be, I think she should style her hair away from her face. The hair, which obscured her face, appeared almost a veil and it contributed to her looking a bit furtive.

Italy, I had the same thought initially. But as she continued to testify, I realized there was something going on as I am sure the jurors did as well.

It would not surprise me if her meds were adjusted prior to her testimony so that she would have clear recall thus causing her to appear more "animated". There are 2 well known Oscar winning actors/comedians who have their meds adjusted prior to filming so their "manic" brilliance comes through.

I truly don't think she is capable of "controlling" that which we perceive as "different". In an ideal world and setting, barring her proximity to the case, perhaps she could. IMO this is where our compassion needs to come into play as a human society as a whole to those who do suffer from these debilitating illnesses. I really hope the jury got it.

 

[TorisMom003]

Was this a 15 min break or lunch break?

I thought the judge said it was a short break but then he asked about food being in the jury room sooooo, who knows.

 

[zoey]

Minor, so glad you are here. I posted about some concerns I had regarding Rachel's medical records up thread. After reading them, would you mind giving us your legal take on it? TIA

I remember processing psych claims years ago and confidentially was stressed~this was before hippa

I was also the person in charge of my mom's medical during her dementia and still had problems getting answers--especially whxn they involved her mental status.

Like most I am appalled at that line of questioning

 

[Zuri]

The Court can order the medical records turned over from the provider. It could also be that the records were in the MacNeill home and were seized as part of a search warrant - in which case the prosecution would have to turn them over the defense.

But why were her medical records not protected, even though they may have been turned over?

 

[CUCKOOHEAD]

I was following him lol But, I have a semi working knowledge of what he was talking about. The jury? Oh hell no lol

I was doing today's Sudoku yahoo. Friday is always the toughest puzzle and between that and what the heck that witness was saying I felt like I needed a drool cloth.

 

[Bravo]

If this was a DP case I could see Marty taking the stand. Altho I would luv for him to I think it would not bode well. If I have one more interruption I am going to lose it!!!!! Somebody keeps pocket dialing me and I don't want to shut the phone off. Hubby just left for Ohio so I don't want to do that. End of rant lol. Oh and we are back......

 

[CUCKOOHEAD]

we are back. part two....

 

[Bravo]

I was doing today's Sudoku yahoo. Friday is always the toughest puzzle and between that and what the heck that witness was saying I felt like I needed a drool cloth.

:floorlaugh::floorlaugh::floorlaugh:

 

[minor4th]

But why were her medical records not protected, even though they may have been turned over?

I suspect there was some pretrial hearing to deal with this, but essentially once there is an order for the medical provider to disclose the information - that essentially overrides the privilege.

 

[Ina Cognito]

Dude, it's a beno... Ut there, he finally said it lol

 

[Zuri]

Yesterday, several of the brilliant posters on here made comments about how could MacNeill put his children through this, primarily Rachel, when she was on the stand. The more I looked at that man who called himself a father and parent, the more reviled I became.

There is not one person here who would not lay down their lives for their children or for someone for whom they have unconditional love. He sat idly by, clenching his jaw, looking at the clock, watching his daughter who he knows is fragile, to endure questioning for hours. His narcissism was clear. Whatever his psychopathy is, I don't care. No compassion. No love. No heartbeat. JMV

 

[Bravo]

I suspect there was some pretrial hearing to deal with this, but essentially once there is an order for the medical provider to disclose the information - that essentially overrides the privilege.

Kind of scary huh. I live in Canada and I don't think our laws differ greatly concerning Confidentiality. I have limited knowledge and only thru my work. I will have to look that up to see if same applies in Canada. Thanks for all your input here.

 

[Ina Cognito]

I like this witness but Im not sure he translates well to the jury. He could be using more lay terms and better examples to explain things. I'm worried he will lose them as the jury was lost in the OJ trial with the DNA evidence

 

[zoey]

Are they just covering the medication she had in her system?

 

[Ina Cognito]

Anti-colen...what?? Good lawd... never heard that word before, can't even remember it to look it up.

 

[seattlechiquita]

OMG defense counsel yawning. #winning

 

[Bravo]

Are they just covering the medication she had in her system?

Yes they are

 

[popsicle]

Anti-colen...what?? Good lawd... never heard that word before, can't even remember it to look it up.

cholinergic?

 

[TorisMom003]

So far all of the drugs that was in Michele's system would make her sleepy and with that much sleep inducing meds she would be out of it, IMO.