Caylee Marie Anthony- MURDER TRIAL- DAY 22- 6/18

9pm Sat, June 18, 2011 Court is in session:

The defense witness is Dr. Rodriguez

He is a Forensic Anthropologist, he is declared an expert witness.

He got examined info from the case. He examined photos and the evidence collected at the scene. He examined the remains at the ME's office.

The report looked good but he saw that the report did not say where the body had been placed at the remains site for the area of decomposition. Why is that important? We can find decomp evidence and trace evidence. Teeth will fall out as the teeth are removed. In looking for those areas the condition....Jeff wants to voir dire.......going to side bar......back from side bar.

Baez is back up.

What would you look for to try to determine where the initial decomp site was? The soil would change, the vegetation would die. The insects would feed and reproduce in that area and their remains will be found in that area in the soil. Did you look for any soil change throughout the scene? I didn't see any, and didn't see any in the report. Have you found victims with duct tape? What do you do with remains that have duct tape? I have looked at numerous cases where the body has been bound and looking at those types of cases. If the body still has soft tissues we look at the positioning of the tape. If the body has undergone mummification, it is still attached to the tissues. If we see a skeletonized body with tape, it has nothing to adhere to. Side bar.......side bar is over...Jury is sent from court.

Ashton is making an objection: The witness is testifying to things not in his report. There is no opinion that references anything to do with duct tape. Baez is told to pull out the court order and read it!!! This ought to be good, lol.

Judge asking, what opinion are you about to give about the duct tape? The duct tape is in 2 diff positions. One cannot make an absolute finding as the position of the duct tape to the finding of the restriction of that duct tape on skeleton remains. Especially after the duct tape was moved by animals. It could of been around the eyes instead of a nose and mouth. He has had a case where the duct tape was held by soil. Judge asked when did you form that opinion? Early on when I got the photos, prior to my report which is dated Feb 24, 2011, he did not mention it because it was a non-issue. He could make no opinion then so he could not put it in his report but he told Mr Baez on the phone. Were you ever told that every opinion had to be placed in a report. Were you ever shown this court's order that expert's opinions be in a report or not given in court? I was never informed that by Mr. Baez. Mr Baez says, do you recall getting some emails from me prior to giving your report, do you remember me telling you that you had to put all your opinions in your report? Yes. We met two nights ago, was it at that time that we had decided to include your report the duct tape to rebut the testimony of the super-imposition was not true...do you have an opinion on whether that super-imposition was not correct. I do, it is unheard of to scientifically to show where that duct tape was, you could reposition that duct tape anywhere on that skull anywhere on that head. I would be stepping off scientific rules to do that. Mr Baez says we asked them to put their opinions in their report. I told them I would suffer dire results. This was a difficult task to to, they had to file these reports in 20 days. We were never given this video super-imposition CD. We did not anticipate this CD and I asked my witness to help rebut that video. Judge says is your witness lying about when you told me he told you before the deadline? He says that he thought Ashton was trying to pull a fast one by using reports and not taking a deposition and do the work. I am going to ask you what I asked you at side bar. You are trying to decide which Court Orders you are going to comply with and which ones you are not going to comply with. Both side have been playing games and this is not a game. This order was entered because both sides were trying to play games. I am at that point now in trial, there are major things not in their reports. If the opinion comes about you disclose it, it is not hard to do Mr. Baez, it is quite easy to do even if it happens at the last minute. Here I am faced with here the last minute of what to do. We were scheduled to be here for a rule of sequestration and the exclusion of a witness is a very harsh rule that is not to be done in most of the exaggerated conditions but they list a couple of other things that you can do. This appears to be to me quite intentional. This was not inadvertent and the question is should Ms Anthony be punished for this. Case law says I can do contempt, an instruction to the jury concerning the violation in judging the credibility of the witness. What other witness do you have available for today. This witness is going to step down so he can have his depo taken. He will testify next week, Monday, he will entertain a possible violation if the state wants to draft one. He may proceed with contempt proceedings against Baez at the end of this trial. WOOOOOOOT. Baez is trying......Judge said this is not my first rodeo. I tried one or two cases and in one of my cases, at the conclusion of the defenses opening statement and at the end of the first questions, I found myself in a boat without a paddle. At the noon recess I found my PI to help, he found an additional 4 to 5 witness, that night I talked to them and set up depositions to determine what they would testify to......so the witness would not be surprised. All my orders were designed to do was be prepared so we would have no gotcha moments with someone not be prepared. We will take a 10 minute recess and Dr. Rodriguez will give a depo at 1pm today and lightning does not strike twice at the same place. If there are other cases of this I will not promise what I will do if it happens again with this witness. The state will take his deposition. 10 minute recess..........wow just wow.