The jury is returned. Ashton states the first witness will take 30 minutes. The second witness will testify to something the defense objects to. Do you want to take up the second witness first so the jury does not have to sit then leave again.
Ashton wants to present a witness that will testify to the smell in the can. Two jurors previously , when can passed around , opened the can and smelled it. The witness will rebut the testimony of Dr. Furtan. The defense is going to deny the smell in the can.
JP> How many witness did you present that the odor was not an odor of decomp.
Ashton> Four have said it was human decomposition
JP goes through DR VAss testimony and said it smells like human decomp @Baez, Do you want the jury to smell the can in the jury room.
Baez cites court cases. Ashton explains the court cases. Ashotn explains why the jurors should not smell it in the jury room. Ashton asks if the court can prohibit the jury from using their olfactory senses.
Ashton can't find a case that would prevent jurors from smelling the evidence. Ashton is citing other cases regarding marijuana, and jurors being permitted to smell the drug. Ashton: We are jumping the gun bc the jury has not asked yet...but if they do it, they must examine it equally.
Baez is now responding.Baez: There is nothing Ashton provided that should give guidance to the court
Perry: Court raised this issue during jury selection.Perry: The question is not a new one, it has been before this court a great many times.Perry is citing case law. One says jurors couldn't taste or smell Whiskey.Moving on to next case out of New Mexico which said okay. Perry is citing 2 Florida cases that has "sort of" dealt with this issue.
JP> Are we asking the jury to decide if it is trash or human decomposition. "Sit down Mr Ashton." Judge Perry tells Ashton to sit down. "I'm not done talking. " Ashton> I thought you were asking a question.
JP> Perry: To permit the jury to open the can up, and 1 juror say, "that's it, thats the odor of decomp" would be new evidence. To permit the jurors to smell the can and one juror who has smelled decomp before, influence the other jurors would deny her 6th amendment right. She has a right to confront that juror.
Therefore, that particular item of evidence will not go back to jury room. I am aware that all evidence is available to jurors. Judges are not potted plants. There has been enough testimony to "voodoo science per Baez"
5 minute break
Ashton wants to present a witness that will testify to the smell in the can. Two jurors previously , when can passed around , opened the can and smelled it. The witness will rebut the testimony of Dr. Furtan. The defense is going to deny the smell in the can.
JP> How many witness did you present that the odor was not an odor of decomp.
Ashton> Four have said it was human decomposition
JP goes through DR VAss testimony and said it smells like human decomp @Baez, Do you want the jury to smell the can in the jury room.
Baez cites court cases. Ashton explains the court cases. Ashotn explains why the jurors should not smell it in the jury room. Ashton asks if the court can prohibit the jury from using their olfactory senses.
Ashton can't find a case that would prevent jurors from smelling the evidence. Ashton is citing other cases regarding marijuana, and jurors being permitted to smell the drug. Ashton: We are jumping the gun bc the jury has not asked yet...but if they do it, they must examine it equally.
Baez is now responding.Baez: There is nothing Ashton provided that should give guidance to the court
Perry: Court raised this issue during jury selection.Perry: The question is not a new one, it has been before this court a great many times.Perry is citing case law. One says jurors couldn't taste or smell Whiskey.Moving on to next case out of New Mexico which said okay. Perry is citing 2 Florida cases that has "sort of" dealt with this issue.
JP> Are we asking the jury to decide if it is trash or human decomposition. "Sit down Mr Ashton." Judge Perry tells Ashton to sit down. "I'm not done talking. " Ashton> I thought you were asking a question.
JP> Perry: To permit the jury to open the can up, and 1 juror say, "that's it, thats the odor of decomp" would be new evidence. To permit the jurors to smell the can and one juror who has smelled decomp before, influence the other jurors would deny her 6th amendment right. She has a right to confront that juror.
Therefore, that particular item of evidence will not go back to jury room. I am aware that all evidence is available to jurors. Judges are not potted plants. There has been enough testimony to "voodoo science per Baez"
5 minute break
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