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Casey Anthony trial -- Proceedings for 6/25/11

Casey Anthony trial -- Proceedings for 6/25/11

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Published by David John Wellman
The Day Without A Witness, Part II -- The Sequel! Ashton and Baez go at it again, and a mysterious in camera proceeding causes court to end before it begins. As always, not an official court document.
The Day Without A Witness, Part II -- The Sequel! Ashton and Baez go at it again, and a mysterious in camera proceeding causes court to end before it begins. As always, not an official court document.

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Published by: David John Wellman on Jun 26, 2011
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CASEY ANTHONY TRIALTRANSCRIPT OF PROCEEDINGSJUNE 25, 2010Transcribed by DJWVersion 1.0Acronyms:JP: Judge Belvin PerryLDB: Linda Drane-BurdickJA: Jeff AshtonJB: Jose BaezCM: Cheney MasonJP: Be seated. Yes, Mr. Ashton.JA: At 8:40 this morning, I was handed by counsel documents under theindication that these were to be used by witness Dr. Kenneth Furtonin his testimony. In them, in my quick review of them in the tenminutes until I told the court I needed time, I've discovered thatapparently Dr. Kurt – Dr. Furton has done additional research sincehis report and my deposition which is a surprise to me, on specificissues such as identification of sources of chloroform, which he wasspecifically asked, page 87 of his deposition, indicated he couldn'tparticularly account for or gave some general speculation; apparentlynow he's proposing to present a specific slide identifying that –(indistinct) and I apologize if I can't give you exact quotes but.Also in his deposition he was asked about the possible sources of theodor signature, and basically indicated that he wasn't really aware,could be various things, and didn't identify anything particularly.And I've just been handed slides where apparently he's now planningto point out specific items and claim, I assume, they're the sourceof the odor.So I'm afraid once again we're in a position of experts havingsupplemented their opinions without notice to the state.JP: Mister--JA: Again, I only had ten minutes to look at this, it does appearthat, I wanted to bring it to the court's attention. So before Dr.Furton testifies, I would request we have a full Richardson hearingon the matter.JP: Well we won't be having one today.JA: Yes, sir.
 
JP: So uh, we'll have one at the close of testimony, but he will nottestify to anything that is not in his report. He can come back nextweek to finish it up, but--JA: Thank you.JP: Mr. Baez, you have anything you need to say?JB: Yes, uh, it appears that the state is incorrect. He's been askedabout these issues, these are issues that are the center of the case,(sigh) I--JP: All I need to know, Mr. Baez, has his opinions changed since hewas asked in his deposition? If they has he submitted a supplementalreport that complies with this court's order that all experts notonly disclose their opinions, but the underlining facts or data thatsupports their opinions? That's the only two questions I need to knowanswers to.JB: I do not see any new opinions that are being rendered here thatweren't testified at either his Fry hearing testimony, his depositionor his report. This is a demonstrative PowerPoint that he wanted touse, I made a copy, I asked him for a copy of it, I arrived thismorning, I immediately gave it to Mr. Ashton, and you know, I guessthe more times you make this argument, I guess it becomes real atsome point, even though it's not true. So he, Mr. Ashton couldcontinue to make these allegations, and make them out, and make theallegations, and maybe all of a sudden they come to fruition in hisworld. I do not believe them to be true.JA: (inaudible) an opportunity to present an argument before thecourt, before Dr. Furton testifies, once I've had a chance tothoroughly examine the deposition and demonstrate those areas wherehis testimony has been supplemented. May have been supplemented.Again I don't know what he's gonna say, but I would just make thatrequest.JB: (inaudible) asking for more time to review his deposition, hedoesn't even know if this is new or not! So let me just go ahead andmake the accusation, even though I don't have the proof, is what he'ssaying. If he knows a specific part that, if he's reviewed thatdeposition and knows that, that this is not in, and if he's reviewedthe Fry testimony and knows that that's not in, then he can, then hehas an argument. But unless he's done that, I don't think he shouldbe in before Your Honor making allegations that he has no supportfor.JA: (inaudible) line 12 through, I believe, middle of the next page,
 
where there's discussion about where the chloroform came from, and hegives no information other than that's speculation, and is very vaguein terms of cleaning products, et cetera. The PowerPoint has specificchloroform amounts for the specific items from the trunk. That's justthe one I found quickly, sir.JB: (inaudible) these amounts were from the testimony of Dr.Rickenback, and, which counsel got from Dr. Rickenbach, which wasn'tin his report. If you recall Dr. Rickenbach, he went through a chart,I may even have a paper here, where he asked him to go intopercentages of how much chloroform was there, and Dr. Rickenbach wentdown the line, .01 percent, .05 percent, and so on and so forth, allof which was not in his report. And that's, and this is what I, this,he's stating it right here, detected in FBI chemistry lab. And hecites Mr. Rickenbach. So for Mr. Ashton to state that he doesn't knowabout this--JP: Well, somebody provide me a copy of this report. Since I don'tthink you've filed it. I have a copy of his deposition. And then, wewill see. This demonstrative aid, is it of the same type of thingthat the defense asked to be excluded, and which was excluded becauseit was not provided to the defense?JA: (inaudible) appears to be, Your Honor. I can, I don't have anextra copy, maybe counsel can provide the court with a copy of it,but it appears that it also--JP: Okay.JA: It also appears to cite studies that are not included in thereport, more recent studies that were not available in thatdiscussion.JP: Okay. Somebody get me a copy of the gentleman's report, I havehis deposition, and I will deal with it, but, uh--JB: Your Honor, we're not gonna go through this. We will have himtailor his testimony to items that the state is fully aware of. It'snothing secret going on here. If he's objecting to the PowerPoint,we'll take that, whatever slides he has issues with, if they'relegitimate issues, and we'll take it from there. This, this reallyhas gone on long enough, and we're not willing to go into that. So I,if I have to tailor his testimony and narrow it, I am more thanwilling--JP: Well--JB: --to do so--

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