Caylee Marie Anthony MURDER TRIAL- DAY 24- 6/21/11

[tupelohoney]

The State wastes no time!!  LOVE IT!!

[Cappuccino]

Sims questioning how Ms Welch ID'd her photographs

Give me strength

[crazybabyborg]

Sims and Mumbles have some very irritating voices, IMO. Mumbles keeps a mouthful of rocks, and Sims took voice lessons from the Marilyn Monroe school of breathiness.

Jeff's up and his voice is so nice to hear!  Ooops.......... here comes Sims again.   

[KCJackie]

[crazybabyborg]

Thanks for the pics, Klaas and Jackie!!

[KittyMom]

That was pointless.

[NickandNora]

Sims questioning how Ms Welch ID'd her photographs

Give me strength

Zzzzzzzzzzzzz

[Cappuccino]

The defense is trying to trip Ms Welch up - doesnt seem to have been significant

[Cappuccino]

Next defense witness, Dr Jane Bock

This is going to be interesting on cross

[crazybabyborg]

Welch is excused subject to recall.

[tupelohoney]

The defense is trying to trip Ms Welch up - doesnt seem to have been significant

I think they are still trying to show ineffective counsel.  But, that's just me.

[Cappuccino]

Welch is excused subject to recall.

I think the defense is attempting to set up that the scene was altered, manipulated or staged...good luck with that

[Cappuccino]

The defense is trying to trip Ms Welch up - doesnt seem to have been significant

I think they are still trying to show ineffective counsel.  But, that's just me.

 

[Magic Eyes]

8:45 Tues, June 21, 2011 Court is in session, Jury is not in court.

Jeff is up.........

Upon review off McDuffy v State, a violation of a discovery has happened but he doesn't believe an exclusion would be the best interest of the state and the defendant and the case.  He has been able to overcome procedural aspect in most areas.   One area he can not, he says the witness says that DNA is recoverable from decomp fluid. If properly provided it would of been subject to a Frye Hearing.  He has supplied it with no peer review just anecdotal infor of his own.  He says he was never told he had to prepare a report and did not come to the conclusion till sat. We ask that the DNA that could of come from the carpet stains be excluded, they would never over come a Frye Hearing and citing law. He would like this excluded as a sanction of not obeying the court's order on discovery.  We would request an instruction to the jury saying that we did not get this opinion of this witness as ordered by the court......

Baez is up.........

I filed a response with the court in Dec 2010 about Mr Eicenbloom, I said his field of expertise was DNA and scene recover.  I said that he would testify of DNA and scene recovery and testify to such.  The substance of facts that he would be called to testify to DNA and crime scene analysis.  I raise that because this is a very complex case, especially forensically.  I would like Mr Eichenbloom to talk about DNA that should of been at the crime scene.  As these issues came up and we knew that we wanted to take the benefit of your Honor's example.  I wanted to take that knowledge and use it, take full advantage of it and expand issues that he would testify to.  It was not to make any gotta moments.  I want to call him to testify to DNA degradation.  While I would like to talk about exclusion that Mr Ashton was talking about the no DNA found.  Mr Ashton talking about sanctions being needed here, is not so, in efforts to move things along and I don't know if this is acceptable to Jeff to let Mr Eichlenbloom to testify to low copy DNA and explain issues of degradation.  I don't know if Mr Ashton will allow this.  Mr Mason will deal with other issues with the other witness but I would just like to move forward with this trial.

Jeff Ashton is up.........

The state did not offer any DNA evidence in this case.  The defense did.  If the expert does not testify to DNA in decomp fluid, I am good with that, I believe however the instruction to the jury should be made.

Judge is up.........

The state had DNA tested and the state was billed?  Yes, Jeff says, the shorts she was wearing and the bag she was found in.  What about the tape and the carpet samples?  They were never tested to my knowledge.  He wants to testify to DNA in the carpet fluid and DNA on the duct tape.  In other words he was not aware those items could be tested for DNA and was unaware they were not.

Baez is up.....

We are talking about totally different DNA testing.  He is talking about low copy DNA.  We asked if they could test DNA but it was denied by the state.  The witness is a pioneer in this field but he was denied.  We sent two items to the ASCLAD lab and that type of DNA was not low copy DNA it was DSNR.  The judge asked if there is no low copy labs in the US?  Baez says not in the USA.  It is done by many people in Western Europe, low copy DNA has not been Frye tested in Florida.

Jeff is up............

He is explaining the witness uses low copy DNA and the states can do it. It just runs more PCR on the DNA than normal.

Baez is up........

That is not true, it is not just extra runs in the DNA process it is a whole new test in DNA.  I don't know how much it is done in the states but it is just now coming up.  We object to any instruction to the jury, to punish the defense.  We have already conceded that he won't testify to anything that Jeff mentioned.

Judge says we will allow the instruction to be read to the jury.  The court will do out of an abundance of caution.  We will schedule a Frye hearing on the other stuff to see if it is admissible.  At the time period it will not be admitted as a sanction but I will not permanently shut the door.  I will allow a witness to testify by video conferencing. 

They are looking over Jeff's instruction to the jury.

Baez says we disagree with Mr Ashton's instruction and the Judge says do you have one?  He says we can call other witness in the meantime and prepare an instruction.  Between the states instruction and the defense instruction he will fashion one.

9:15am Jury coming in.

[KittyMom]

Give me strength!  I'm going to go to sleep with this one.

[KCJackie]

[flamom]

Bobo probably called Geraldo and told him to come today to watch Crystal Holloway talk crap about George.. they are lowlife birds of a feather

[darla]

OMG here they come with another picture board for show and tell. Dear Lord give me strength, I feel a headache coming on. Is this another 80 yr old has been?

[Grandma2Maddie]

Why in the hell is Bozo allowed to have a Frye hearing at this late day? That should have been adressed when the other Frye hearings were taking place. I can't belive this. We will be here til Christmas before this is over.

This is ridiculous!!!  They have had 3 years to prepare for this trial.  The DT is just like the Anthony's they think the law does not apply to them.

[SunnyinTX]

thanks KC!!!!  for all your great captures!!  much appreciated!!