Monday, June 20, 2011

Pre Court arguments Baez and Ashton

 CAs' attorneys' are in the courtrom. Awaitnig CA.Geroge and Cindy are in court. They are writing in notepads per reports.The cameras are fixed on the door in which CA will enter.She has just arrived.  She greets her attorneys and chats with Cheney Mason. She spreads her lipstick with a finger. Judge Perry arrives. The court stand.
CM wants to "take up " a matter. The attorneys approach. JP reminded them that they are to notifiy him at 820a if they have issues to be handled prior to court.  Sidebar.
Ashton is opposing Mr Rodriquez ability to testify.He is stating he just received the report from Dr Rodrquiez testimony. Rodriquez in his report wants to testify that the smell of decomposition is not unique. This is his different from his  previous testimony  .Ashton says he doesn't think he is qualified to give an opinion about people telling difference in stinky smell v human decomposition.Ashton doesn't want Rodriguez called for at least another half a day.  Ashton needs ti me to prepare
Ashton is questioning from Mr. Eichenbloom(spelling) Hfe saw him in court on Friday. He asked him why he was there. He was  not on the witness list. Mr Eichenbloom showed up Sunday at Mr. Ashtons office with a Powerpoint display and for a deposition  Mr Ashton said he had no reports in which to depose him.  Ashton says the defense is again deliberately ignoring court's order. Ashton says he will depose him Tue evening is defense is willing
Mr Ashton is filling our Sanction reports on each individual.
Baez states he had time and oppurtunity to depose witness. Baez says this witness has been listed for awhile and the state could have deposed him at any time if they wanted. The witness list was "timely." Baez sites the order and states the prosecution has refused to depose witness.Baez says witnesses did give report under time restraints. Baez says the state has violated this order as well.    Baez the court has made it clear that there is "gamemansship". Games have been played on both sides.He is an expert prosecutor. He was armed with a court order like a sword and shield." Dr Rodruiez is expected to refute the lack of DNA present due to enviromental conditions at the crime scene. Baez sent Dr Eichanbloom to Mr Ashtons office on Saturday and he was told to "go away" by Mr Ashton. (Saturday after court they had to depose Mr. Rodriquez.) Baez accuses Mr.Ashton of attempting to delay everyone's time. Baez is scolding Ashton with the same verbage Judge Perry used to scold Baez himself, on Saturday. He uses the same words; game playing , gotcha moments etc.BAEZ>  Ashton wants to omit these responsibilities in a death penalty case. If that is not bad enough  he wants to go after her lawyer, too.. Baez accuses Ashton of being disingenuous.
Baez says they (defense) didn't ignore this court's order.Baez says not only is Ashton trying to take CA 's life but he wants to to after her lawyer too. Judge Perry> I want both attorneys to turn around and look at clock. That tells me you too will never agree on anythingn or interpret anything the same way.The jury has been sitting back there for 25 minutes. It is now required all attorneys are to be present at 820A. At 900 , we will start. We will not have this anymore. On Saturday we will work a FULL day. Be prepared.Perry clearly is annoyed this morning with attorneys' attitudes, arguments, etc.
JP> The rules of discovery are clear as to what is discoverable. But it does allow the court to more. JP cites case law for case law.The case law states both sides are expected to report expert background, specific subjects they are going to offer an opinion, summary of opinion and grounds for opinion. Judge is reading his order. He thought it would clear up any situations. But in Jan 2011 there was another order (sanctioned).  That was done because both sides had nothing. January 6th , JP had another order clearing up what  was needed for court opinion. The defense shall provide written reports to state of expert opinion. All reports shall include opinions and reason for opinions. . According to those orders. it was required to have all opinion that are to be given and reason for opinion to be reported. JP> This  court does not make threats......abides by the rules.The state tried to offer a demonstration board but it was excluded because it was not previously given to defense. But to deny the defense it hurts the defendent  However, the Florida State Supreme Court  leaves room for someone who continually defies the court order. It is impunity and the ultimate recourse of exclusion is possible. Yes , there has been gamesmanship.Yes there  is friction between attorneys. The Florida bar will deal with that.
Judge Perry grants state's request for time to properly prepare for Dr. Rodriguez' testimony... But the next witness was Eicklenboom.    Dr Rodriquez's testimony will be deferred. I will read the reports, on conclusion of the day, and make sure testimony is in reports. ENOUGH IS ENOUGH. Both sides need to be forewarned, that exclusion even if we have to do this again, exclusion will be the proper remedy.


JP> Who is the first witness
Baez> Our second witness was Dr. Eichanbloom. In light of today, we are picking up the third. It will take 30 minutes.
JP> Take the jury out of that room and tell them 30 minutes. I am very close to starting court at 8am. I have a sequestered jury who live under restrictions. If you do not want to act professional, I will work you real full days with reduce lunch hours. ...All of this is going to stop  or you will be working fierce days. So be prepared.
Recess until 1025a, Orlando time.(one hour)

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