Tuesday, December 16, 2008

Anthony Emergency Hearing

Ok, yet another waste of taxpayer money and the court’s time!

Ugh, Baden is attending telephonically!

Good lord, Baez does whine!

JB: Want schematic drawings…

LKB phone-in atty.

Baden: Autopsy

Judge: Second autopsy moot.

JB: Crime scene photos, etc.

Where we were at the last hearing there was an attempt by both parties to work out crime scene. They said defense could hire off-duty officers to help them go through the scene themselves.

Were to be given 2-3 hour notice

Next day - told they would be finished the NEXT day (13th) We flew in the experts or had them on stand-by.

Important to get to it before media.

Now, not allowed to hire off-duty officers.

Following day... going through the "dance" every single day. LE not sure when they will be done. No longer crime scene, excavation site.

Exhibit A: crime scene tech. kneeling next to numerous bushes and trees.

Exhibit B: ME walking behind.... more trees & debris, crime scene techs. carrying away possible loads of soil.

Don't want to prohibit them from doing their job but they have first dibs on the scene after LE.

They would like to have the ability to see the scene as it was. It's not the same now!

Submits an article co-written by Henry Lee laying out importance of forensic botany. What can be learned by looking at plant life?

Submitted sworn affidavit by etymologist... it will be difficult to get into.

Press and other civilians will make the situation worse!

Anticipates the State will say it's an investigation and we can't turn the photos over to defense.

Baez needs to just shut up and let them conclude their investigation! Helloooo, Jose - this is how it normally gets done!

Jose says there is a time constraint and it's their duty to preserve evidence. There is a good faith basis to understand that this evidence needs to be preserved.

He asked Det. Allen if he could have photos as soon as they are done.

Allen said he could have them through discovery.

Only the defense is taking this seriously.

It's up to the courts to preserve evidence so as not to impede a fair trial.

County: Photographs

As more evidence is found, it has stretched out the investigation. It is not an excavation, it's a crime scene. It is still an active crime scene. It will change when body identified and LE is finished with the crime scene.

They have the ability to pick and choose photographs to give to Baez. They will not give picture of skull until body Identified. They will put markers into the ground.

It is at Orange County's discretion.

JB: He thinks they're getting somewhere. He'll take what they've offered and is willing to stipulate to dissemination of the photographs.

He says they can't be released under the Dale Ernhardt Law.

He makes every assurance he will not release them to any third party.

He feels that LE sometimes misses things and it's the defense's job to find what they miss.

Judge: release of photos and autopsy photos an issue for another day.

He's asking for them ahead of discovery rules.

Baden (on the phone)

Some Maceration of bones at Quantico. What bones have been shipped if any? Any possibility that they be macerated? Any forensic testing changes remains anyway.

It's hard to hear her, but they want the ME to request information from FBI about what remains they have and if bones will be macerated (de-fleshed).

Judge: point is moot until body ID's

It is a continuing request.

Teehee! Strickland ain't buying it! Just how much of the court's time and taxpayer money is Baez going to be allowed to waste??????

Asst. Cty. Atty. Guthrie:

A minimal amount of material has been sent to Quantico for ID only.

Dr. Garavaglia says there has been no maceration yet. 3'' of bone will be consumed for testing, including toxicology.

Dr. G. has a right and an obligation to do her examination correctly. She would not do anything untoward to the remains.

When it is complete, the remains will be turned over to next of kin and their experts.

She does not feel she wants to be observed.

Baden - pictures and x-rays of original autopsy

Judge: He read the motions and he understands some of what defense is requesting. He can't do what he asks to do.

He was hoping LE could give a definite time but now realizes it can't be done.

He can't tell the ME to tell FBI what to do.

If LE doesn't do complete investigation, defense would say it is a shoddy job.

He's asking the court to assist him, and he CAN'T ASSIST HIM IN A MURDER INVESTIGATION!

LE is entitled to do what they have to do.

No requirement to leave crime scene in pristine condition.

Motions DENIED!

He will receive material through usual discovery.

Baez: Would like the photos the county has as soon as the crime scene is cleared.

County Atty: Photographers are busy at the scene and she won't pull them off the scene.

Judge: Unusual situation since the body was found after defendant charged. However, usual discovery procedures will be followed.

ritanita: Wowzers! Did we call those results or not. As of now County/State 100% = Baez/Baden 0%.

ritanita provided the transcription – great job – I provided the sarcastic color commentary!