Caylee Marie Anthony MURDER TRIAL - DAY 26 - 6/23/11

[Northern Rose]

AmandaOberWESH Amanda Ober
#CaseyAnthony Judge tells both sides to read some case law and takes a 10 minute recess

http://twitter.com/#!/AmandaOberWESH

[wreck]

What exactly would have caused the mistrial?  I'm so confused!

Just my understanding; I'm not a lawyer! If the burden of proof shifts to the defense, it's grounds for mistrial. The question is whether that has happened. MOO!

Sims has invited this.

Hell, Bozo reversed the "burden of proof" in his opening statements when he accused George of molestation and covering up a "drowning"!! 

[StarMonkey]

If they open the door...will they open the can?

Go Jeff Ashton!!    ::justice2NJ::   

[Northern Rose]

GaryTuchmanCNN Gary Tuchman
Two public spectators kicked out of Casey Anthony trial today for snoozing. #ac360

http://twitter.com/#!/GaryTuchmanCNN

[Magic Eyes]

1:30pm Thurs, June 23, 2011 Court is in session.

Warning:  This is not a transcript or verbatim, they were going very fast and it was hard to keep up, got as much as I could without adding anything I wasn't sure of.

Defense witness is Barry Logan.

Sims is up..........

Where were the 4 fatty acids found?  They were found on a paper towel.

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

Your not saying that all 3 of these fatty acids are found in combination with vegetables?  Yes, in palm oil.  Is there a difference in the carbon molecules in fatty acids than are in adipocere?  There are some that are present in both.  There are some that are 4 to 10 carbons long and then some in adipocere are 18 carbons long?  There is a mixture.  Are there things found in milk, cheese and butter that are not found in adipocere?  It is not unusual for there to be special challenges using MC-GS?  Yes, I agree with that.  Are there situations that scientists are faced with things not in protocols?  They should make new protocols for that procedure.  The principles for human decomposition tests are published?  Not all of the information is in the published information.  A blank is a sample of room air which is run through a machine to find if there is anything in the room air?  Yes.  What should a scientist do who happens to find something in the test?  You stop it and run it again.  When a scientist is faced with a human error as simple as shutting a valve, he should shut the valve and start over.  In the bench notes you read, that is precisely what is done?  Yes.  Then they ran it again and reported those results?  Yes.

Sims is up...........

You were asked about challenges, what did you understand the word challenges to mean?  Something about the way something was being tested. You were asked about protocols with regards to decomp odors, are there published protocols on how to collect air from a trunk of a car?  No.  Are there published protocols on how to collect carpet from the trunk of a car?  No.  Based on everything you reviewed including the 2008 report you saw, can you reproduce this experiment performed by Dr Wise or Dr Vass?  No. Why is that?  There is nothing written down for me to make sure I am doing the test the same way.

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

Your lab could not do this test if you wanted to, could you?  We could do this test.  Jeff is showing him multiple items of evidence and asking him if he ever saw any of those before?  Sidebar...sidebar over.

Brief legal matter, Judge Perry excused the jurors.  1:50pm

Jeff and the judge are talking about case law.  Judge suggests one and Jeff tells him he is looking for Overton V State.  He found it, a Florida case, 2001.  He is now looking up the one the judge suggested. The judge is reading Overton.  The judge wants Jeff to read Hayes. Judge agrees to hear arguments.

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

By the defense asking this question about him questioning the witness about doing tests on the carpet samples.  He says that the defense has kicked open the door.  The judge says that Overton says that one test was done and why they didn't do a second test.  Jeff says, the reason for that is the defense in there direct exam saw the existence of the spermicide.  The defense conducted a test on the sheet and found that it could have been washed.  They recommended more testing and the state was allowed that they only tested one spot and the defense prohibited them from doing so. The defense has opened the door because this witness has just said they can reproduce the same result.  Hayes helps Overton that the defense is placing a burden on themselves.  Because they asked if they could reproduce these results. My question should be allowable now.

Sims is up......

None of this case law stands for what I have asked the witness.  There is nothing to the nature of what I asked the witness.  This would not open the door and we move to strike the comment and ask for curative instructions.  Could you replicate this experiment he said no, because he wasn't sure what was done by Dr. Vass and Dr. Wise.

Judge says The Florida Supreme Court addressed burden shifting which shifts the burden of proof from the prosecution to the defense.  He reads from the law about testing of various pieces of evidence, found at the scene of a murder on cross exam the state had never requested a test of the blood stain.  The apparent goal of the line of question was to cast doubt on the state to test the blood correctly.  The judge then asked if the defense had performed any tests on the blood stains but they had been done before for blood.  They found the prosecutors comments were prejudicial in a decision, the state had erred.  It is well settled that due process must explain every piece of evidence beyond a reasonable doubt but the defense has no such obligation.  It would show the defendant had to prove his own case.  Clearly the defendant had no such obligation.  In the states argument of Overton, they suggested that the trial court erred when the prosecution made statements about testing.  Misleading arguments showed that the defense was hiding something and they granted a mistrial.  Based upon the evidence at trial, the defendant produced one sample for evidence for testing and the state did not ask for a second test. The defenses objection is sustained that it would violate due process by shifting the burden of proof to the defense.  Earlier before we recessed for lunch, I asked the defense to read the case Cuban V State, dealing with attacking the validity of another expert's opinion.  This witness has not been qualified as an expert in the area of air sample analysis,  if you recall the Frye hearing.  What I said he was not qualified to produce an opinion on that because he only read 2 articles.  He is qualified as a forensic toxicologist and has some limited knowledge of analytical chemistry.  I would tread very lightly in this area, because while you did not open the door, it looks like you were ready to crack it open.  Mr Ashton looked like he was ready to run a Mac truck through that door.  You can not use that burden to use as a shield and then use it as a club for the state.  At this point, that line of questioning dealing with the cans is sustained to somebody opening the doors.

Sims is up..........

Jeff went up to the witness and lined up the evidence in the manner he did it, we would like a curative statement. The judge says, you didn't object to it then, all it would do is send a replay to the jury.  He can say the last question was sustained.  She wants the evidence removed off of the witness stand.  Judge says he can do that.

Mason is up.........

He asks for an instruction on the burden of proof.

The judge is asking for the last question from the court reporter.

Jeff is up......

He said that no curative is necessary because he didn't ask him to test the carpet, just asked if he could.

Judge says.....

A curative instruction may have to be given in due precaution.

Jeff is up.........
He is asking the witness:
Could you take this carpet sample and put it in a tedlar bag and heat it and extract the chemicals and then use a MC-GS for cryo trapping and do the test the same way it was done?  No.  What would keep you from running it?  I am not sure, I would have to review his article.

The judge says.......

This whole area is liking walking on quick sand.  To the defense:  When you are trying to impeach an expert you can not do it with another experts opinion, you have to do it with another experts conclusion.  You do not have this.  That is the problem with this whole line of questioning.  Both sides read the following case Network Publications a 2000 decision of the Court of Appeals.

2:25 The judge is taking a 10 minute recess.   

[west941]

That would be really bad if they get a mistrial after all this work. Wesh is saying now the state and defense is trying to work together to save the trial.

Why because the defense cracked the door?   I think, simple put this is BS

Dont ask the question, get them another way which Ashton is perfectly capable of doing.   The defense is not harmed if they want to open the door & they attempted to discredit Dr Vass.   

Right she cracked the door to shifting the burden of proof..Grounds for a mistrial if JP sees it that way I hope not!

[Ono]

CFNews13Casey Casey Anthony News13
Sims says Ashton is being "dramatic" when lining evidence up on the stand in front of the jury. #CaseyAnthony -jfell

http://twitter.com/#!/CFNews13Casey

well he sortof was dramatic..that's why we love him so  much...he is powerful!  and I might add that it is better to have some drama rather than such boredom..

Agreed ... and Ashton's drama is always so appropriate.

[Grandma2Maddie]

I haven't heard anything on InSessions regarding a mistrial but had to step away for a few.

[Cappuccino]

Ashton did not state that if the defense sent you these items, he said if you were sent these items - Im not seeing how this has rose to the level it is at...Im sick to my stomach

[cookie]

What exactly would have caused the mistrial?  I'm so confused!

Just my understanding; I'm not a lawyer! If the burden of proof shifts to the defense, it's grounds for mistrial. The question is whether that has happened. MOO!

Sims has invited this.

and if it happens, then Sims will be the hero...rather a zero if you ask me..
how do these people sleep at night? this is all orchestrated for a mistrial..they can't win the fair way so they have to cheat and play dirty..

[crazybabyborg]

JP to Defense(warning them to tread lightly): You cannot use the burden of proof as a shield and then turn and use it as a club aginst the State. You've cracked a door and Mr. Ashton looks like he's prepared to drive a Mac truck through it.

[Northern Rose]

stevehelling Steve Helling
Talking in the hallway: #JoseBaez , #cindyanthony and Cindy's attorney, Mark Lippman. Curious.

http://twitter.com/#!/stevehelling

[west941]

I haven't heard anything on InSessions regarding a mistrial but had to step away for a few.

Hopefully won't be I was just saying what WESH was saying as well as WFTV

[Cappuccino]

CJBP is back on the bench

[cookie]

I haven't heard anything on InSessions regarding a mistrial but had to step away for a few.

been watching it...no mention of a mistrial at all..and Sunny was on too and didn't mention it..

[Ono]

They could do the test IF they had the instrument?  Well, couldn't most anybody if they had the instruments?

I have my doubts about some members of the Defense team. lol

[Tamikosmom]

What exactly would have caused the mistrial?  I'm so confused!

Underminding the forensic expertise of the FBI implies that Baez is pushing for a mistrial to save his client from a death penalty/LWOP verdict.

I believe this strategy was in the plans from the getgo as a backup option if the direction of the trial appeared to be upholding the prosecution's case.

Janet

+++++

Casey's Defense Team Tries To Tear Apart State's Case
Posted: 5:53 am EDT June 22, 2011
Updated: 5:52 pm EDT June 22, 2011

<snipped>

Montgomery examined a hair found with Caylee's remains. She told jurors she found no trace in the hair sample of a number of drugs, including ones that can have a sedative or knock-out effect.

Baez then asked, "What other meaningless tests do you do at the FBI?"

Montgomery responded, "I consider all my work meaningful."

<snipped>

http://www.wsoctv.com/news/28317105/detail.html

[BlueKYGirl]

I had to go to a child's birthday party and missed something. How did the defense "crack the door"?

Thanks!

[crazybabyborg]

stevehelling Steve Helling
Talking in the hallway: #JoseBaez , #cindyanthony and Cindy's attorney, Mark Lippman. Curious.

http://twitter.com/#!/stevehelling

Interesting! Hmmmmm

[SunnyinTX]

Okay -- I think we need to resolve this -- herein lies the confusion as I see it: George was never given a "standard" "stand alone" paternity test. HOWEVER, ALL of the Anthonys were tested for DNA samples. It is MY understanding that Lee and George were eliminated as Caylee's father through these all encompassing DNA tests

wreck, you are 100% correct AND if GA was Caylee's sperm donor the state would NEVER have put him on the stand and asked him if he ever sexually abused KC....they would know he was lying and they would not put themselves in that situation.