Thursday, June 23, 2011

Proffer of Nick Savage and Erin Martin, FBI

Sidebar before next witness. Jury dismissed for day. Judge> We have legal matters to take up that will expedite things tomorrow.
The next two witness are Nicolas Savage and Eric Martin. They have no first knowledge of information. Ashton asks for a proffer so they won't have to object every few minutes.
All Erin Martin does is package products for FBI.  I ask Defense to Proffer.
Cheney Mason is stating that Mr Savage is going to testify to his work. Erin Martin is going to testify to her work.
Ashton> His concern is that we have already went back and forth in regard to paternity testing.
 Cheney>Nick Savage has memorialized in email "WE will just tell them we did not take pictures" It speaks to the integrity of the case.
Ashton> the facts are on trial not the integrity.
Cheney> What is your pleasure, YOur Honor. Judge> My pleasure is to hear it. Now or at 830am  tomorrow.
Nick Savage is called to the stand. He is sworn in . Cheney Mason will conduct proffer. He was the lead FBI agent.His role was  the Crimes against Children Coordinator. Do you remember in February 2009 being in a meeting with other Prosecution . Witness> Yes.
Do you remember a conversation on duct tape? Yes, Objection sustained.  He made a specific request for pics form Medical Examiner. The pics had scales. He does remember asking for pics of the duct tape that should have been taken. He was asking for them because he did not believe the photographs had been taken. He does not recall the email from Erin Martin. Cheney approaches to show witness.  The witness r
recognizes the email. He received a copy form the defense. Cheney gives witness the email and witness states it is the first time he saw email. No more questions from Cheney Mason
Cheney Mason
Ashton has no questions. He is questioning the admissibility. He states he will question him.
Witness excused
Erin Martin is brought in for proffer.  She is a request coordinatior for the FBI. On Feb 6, 2008  do you recall sending an email to Karen Martin, per Cheney.
 ERin Martin reads email> Hey Karen , I decided not to given the measurements to Nick that Brian gave us ..... I don't know why the ME's office did not take photos of the skull with scales.
She has no other involvement with the tape in case.
Ashton> no questions
Ashton objects to the relevance of Erin Martins potential testimony.

Judge> Lets start with Nick Savage.
Cheney > Ashton has tried to prove the duct tape was a weapon. Nick Savage stated in email, "we will tell them that we did not take photos."
Ashton> it attacks the prosecution.    It is not relevant to material fact in the case.
Cheney> Reads the request and information needed. and the desire to create computer recreation.
Judge> The court after hearing the testimony finds that that testimony does not go to any material toward the indictment. Assuming that this evidence was going to create something it would me a motion to dismiss on prosecutorial misconduct. This is not the case. These are collaterol issues. The obection is sustained to that witness,on that testimony on that subject.
Erin Martin
Ashton> Same motion. Argument is toward hearsay and relevance.
Cheney : I remember the motion for mistrial due to the superimposition. Now we know that they did not have the measurement and scale to create superimposition.
Judge> The objection will be sustained.
The two witnesses will not testify to this subject.

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