Tuesday, June 21, 2011


Ashton: "Discovery violation clearly has occurred," but won't prevent witness from testifying. 

 Morning starts off with state taking up defense discovery violation issue. Doesn't want witness excluded.but he should have been in the Frye hearings. Ashton wants a portion of his testimony about DNA be excluded.
Ashton says the defense has already offered this testimony w/ Another witness (Seubert) Ashton wants this discovery violation to be considered with others after this trial is over. Ashoton wants sanctions.Baez says Eicklenboom would testify would about trace DNA. He says this is not an attempt for a "gotcha" moment.Judge grants state's request for jury instruction and will prohibit testimony on decomp fluid in trunk. Judge says they can schedule a frye hearing to discuss admissibility. 
Judge Perry says no sanctions right now but reserving final decision later. Ashton walked hand written Instruction for jury over to defense. They objected. Defense will prepare one. 


Defense calls Orange co Crime Scene Investigator Jennifer Welch. Dorothy Sims will 

question.Welch is reading and explaining her "end of day report" and she noted tree root area and vegetation. She identifies evidence. It is a pic of the crime scene that is cleared of all vegatation  
Sims asks he about the log at the scene. The log was moved by Stephan Hanson and a supervisor at the scene. No more questions Sims pulls up crime scene photos - Welch says some vegetation was removed bc it was obstructing view   .
Cross by Ashton. Jennifer Welsh is testifying how evidence is given "Call number" Number for item of evidence.
Redirect Sims. Welsh identifies evidence by number. We are not shown pics. She is testifying to log and vegetation cleared. 
No more questions . Excused.

No comments: