In today's afternoon session under cross examination, defense blood spatter expert, James Pex, was accused by prosecutor Alan Jackson of falsifying an experiment for the jury.
Jackson displayed to the jury photos from a CD Pex created on September 3rd, 2008. Some of the images were identical to photos in Pex's third power point presentation shown to the jury under direct. Yesterday, in a discovery hearing outside the presence of the jury, Pex testified to the court that the photos on the disc were never intended to be used before the jury.
After the conclusion of cross examination Pex was asked to leave the courtroom and there was a hearing outside the presence of the jury.
Jackson displayed to the jury photos from a CD Pex created on September 3rd, 2008. Some of the images were identical to photos in Pex's third power point presentation shown to the jury under direct. Yesterday, in a discovery hearing outside the presence of the jury, Pex testified to the court that the photos on the disc were never intended to be used before the jury.
After the conclusion of cross examination Pex was asked to leave the courtroom and there was a hearing outside the presence of the jury.
Jackson presented to the court the accusation Pex committed perjury in his testimony before the jury. Pex was called back into the courtroom and Judge Fidler advised him of his rights.
I will be writing up my detailed notes covering today's bombshell events, tomorrow.
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51 comments:
Ewwww, I am so excited, I can't wait, thanks!!!!
Stef
GO AJ, GO AJ, GO AJ!!!
UT-Oh! Sounds like someone could be in some serious TroOuuUbbBLeE! Finally, I hope for once that one of these "LIAR FOR HIRE" defense witnesses gets penalized!!
Can't wait to hear what comes of this!
Kitty
UNBELIEVABLE!!!
They just went toooooo far, didn't they? Wow!
I was thinking this witness was the one who could make or break the case.
Wonder what dinner is like up at the castle tonight.
If Court TV had any brains at all they would have put cameras in for this case. It is really a doozy! I can hardly wait to read the full report tonight!
WOW - and he really did want Weinberg to check that CD
Worlds best trial reporter
I'm sure you are mentally exhausted after what sounds like a "rip roaring" day in court, but please, please, please Sprocket . . . Don't go to bed tonight til you post a few more details about what happened in the courtroom. Can't wait to hear. And THANKS AGAIN for sharing all these great details with your readers. Much Appreciated.
Liz:
Not only did he want Weinberg to check the CD, but also Tran Smith, the defense's audio-video guy.
I didn't have it in my notes exactly, but AJ brought it up to Fidler in the hearing today, that, in the hearing YESTERDAY not only did Pex, ask to go over it with Weinberg before handing it over, he then said that MAYBE he could go over it with TRAN SMITH, and Fidler said, No, turn it over to the prosecution!
What was also priceless was, the courtroom was more than half full and on the defense side of the room, there were many supporters. I also believe that member's of Pex's family were in the courtroom.
An observer in the courtroom noticed that when Pex was accused of falsifying experiments for the jury, and everyone in the courtroom was in shock, Spector's hands started to visibly shake faster.
I guess AJ was happy with his late night work he put in last night. I bet he didn't sleep a wink.
Was he smiling this morning before court started?
He is so cute, I miss seeing him.
Stef
Wow, AJ made good during his all-nighter!
You know that the defense would eventually go too far trying to cloud the big picture, and they'd eventually trip in the web they wove.
Just ...wow.
Sprocket, you honed in on that CD that Fidler made them give over and "burn" on the spot.
Wonder if there will be any sanctions against Weinberg as he obviously lied himself and aided and abetted Pex' lying?
Hope he's not trying for a mistrial by being a bad attorney... Maybe the court will appoint an attorney for Phil if that is the case.
I said yesterday, the defense ought to just call it a day.
HOORAY FOR AJ!!
Wes J.
Holy Cannoli!!! Although it isn't much of a surprise. We knew AJ would stick it to 'em. Three cheers for AJ!!! Can't wait for further details!!! Thanks Sprocket!!!
Wow, Sprocket! I can hardly wait for the rest of the story! Sounds like AJ really did his homework during that all-nighter!
It's called the texas two step. The defense's attorney got caught not giving evidence to the prosecution, then let Pex rot for it. I don't think this will be the last we hear about this. Unfortunately for spector, he had a crown jewel in his hands, thanks to his attorney, he's screwed at this point.
Sprocket - you are incredible, I feel as though I'm sitting right next to you in the courtroom! I hope you write a book or 2, or 20!
P.S. Polanski schmanski, whatever his little documentary says can only be garbage - the guy was convicted of raping a very underage girl & then ran away, and he will be arrested if he steps foot in the U.S. Perfect dude for Spector to hang with too, two social pariahs LOL
nance~
you called it right. just knew something was about to blow wide open. what did whineberg look like when all this was going down. what did judge fidler look like... can you ask an expert witness what medications they are on. i would almost bet Dr. S may be on an Alzheimer medication. just mho
Wow. Wow. Wow!!! Doesn't Spector's crooked and/or lame defense team know not to mess with AJ by now! Stef, I hear you. I miss seeing AJ's cute/fierceness too. Lucky Sprocket gets to see him every day...lucky girl:)
PS: Sounds like PS's hands are a physical litmus test. The more they shake, the worse "Team Spector" is failing...and I love it!!
Justice for Lana and those that love her!!!!!
Oh My God!!! Go the James Pex wed site. It states,"the reconstruction of events surrounding a crime scene requires one additional component to those listed above, ETHICS." Can you believe it. What exactly did Judge Fidler say. You have the right to remain silent etc. Is he going to jail. The high powered defense experts from the first and second trial need to all take an ethic course.
what was Pex doing with his thumbs today while Judge Fidler was advising him of his rights?
What a week it has been.
Spitz fizzled big time...
Pex fudges testiphony...
Who's next???
I'm waiting for all the gory details tomorrow!
What did Weinberg look like? One individual in the courtroom told me they observed his jaw getting more lax, until it couldn't drop any more. Realize, that from where I'm sitting, I don't often see Weinberg's face, unless he is turned in his chair, facing the jury.
Tran Smith
The only thing Tran testified to yesterday, was that Pex couldn't have reviewed the micro photograph of the "smokeless powder," on a date that Pex testified to, because he had to ask for a copy of the photo from Truc via email on a much later date. In essence, Pex's was incorrect about the date he reviewed the photo.
Tran did not testify to anything regarding the CD of 50 photographs documenting testing that occurred on September 3rd, 2008 with a Smith and Wesson, revolver. Remember, Pex testified under oath that all the testing on September 3rd, was just for ATTORNEY EDUCATION ONLY; it wasn't meant to replicate anything or ever be shown to the jury. This is very important. This is the crux of a discovery violation, because some of the images WERE shown to the jury.
Pex could NOT have performed the spatter tests depicted in the Power Point with the Colt Cobra, because the photos were taken on September 3rd, and the Colt Cobra, by his own testimony in the hearing yesterday, wasn't purchased until a few days before October 14th, 2008.
So, do y'all think Spector got his money's worth with this witness, too?
Well Ms. Sprocket,
I guess this was SOME day at court! I can hardly stand not being able to experience every word and facial expression myself like in Spector I, but thanks to you I can get the next best thing - your utterly fantastic reporting!!!
Now, the question is, will Judge Fidler stand strong and take the necessary actions against these defense team rapscallions? This is where we need JF to be a strong and decisive Judge who stands up for JUSTICE itself! And for the victim, Lana, and her family. I do hope he doesn't let us down.
I cannot wait to read every word you are going to treat us to concerning today's exciting events. WOW! And...AJ is still our brilliant, handsome hero!
Lindsey
Sprocket
I am a regular reader of your blog, but I have never posted a comment before. I am certain there are many others like me, who appreciate your efforts but remain silent. I just want to thank you for your efforts. After following the first trial closely, it would have been very disappointing to have a news blackout of the retrial. I am very disappointed in TruTV (old Court TV), the LA times and other news media. This story is just as news worthy as it ever was.
Does the jury know that Pex is now accused of perjury? And that he has had his rights read to him?
Was the jury in the courtroom when Pex was brought back in?
ritantia:
I believe the correct term is "testi-money." (Thank you for all your help on getting this short entry up asap!)
Do the jurors know about the perjury accusation?
Through cross examination in front of the jurors, Pex was shown to have "falsified an experiment." That was very clear. The jurors saw that. Pex was effectively discredited in front of the jurors.
Pex was advised of his rights outside the presence of the jury.
What's "really" at stake here.
The more "serious" issue is the discovery violation. Pex testified that, (paraphrasing here) Oh no your honor, this prior testing was never intended to be shown to the jury. It was for "ATTORNEY" EDUCATIONAL PURPOSES ONLY.
If Pex educated Weinberg with these tests, then Weinberg had to have known about them, had to have seen the documentation of the Sept. 3rd tests: the photos.
Remember, Stuart James AND Pex both testified that they had a meeting with Weinberg in December 4-5th, and that's when it was decided that James would purchase a jacket made of wool and do (blood spatter) testing of his own.
Now, when AJ presented his arguments to Fidler after Fidler called for the afternoon break~ at the end of cross, can any of you make an educated guess as to WHAT Weinberg said in his defense? Tune in tomorrow for the update!
Thank you for your kind words of support everyone. It means a lot to all of us here at T&T.
I will be on Talk Radio One tomorrow night around 8:30 pm with Juror #9 from the first trial, Ricardo Enriquez!
Sprocket,
You have actually noticed something very very significant in the testimony. The liar for hire might be sitting next to phil, not in the witness. Just think, if all of the evidence was given to AJ in the first place, we wouldn't even be talking about this. We'd be talking about the evidence he did have.
Just my personal prediction, I bet Weineberg gets caught in something very interesting before it's all over.
I wonder if Weinberg said he has never seen the CD? or he didn't know the photos were the same as in the powerpoint.
mmmm what else - dispute the date of the photos, resign from the case, blame his support people
It is unbelievable that such events pass with little MSM reporting - on such things is a Justice System built.
WTG on the Radio - and thank you again.
Well my guesses of what was said by Weinberg appear to be all wrong - I look forward to your update.
Please Sprocket, write a book ! You can get a contract now. Aphrodite Jones doesn't deserve to get one.
Sprocket
Add me to the list of dedicated readers! Thank you so much for bringing this trial to us.
I know this must be physically and emotionally tiring for you.
Thanks for all your coverage Sprocket! I can't wait to read your next update!
P.S. I've voted for T&T everyday for Best True Crime Blog. Congrats on being nominated!
I am not surprised if (after blaming Pex) Weinberg asked for a mistrail.
No I suppose that's too wacky, even coming from him. I bet he would love to be extracated from this whole stinking mess, tho'.
Ok, it's tomorrow, I am up early and ready to read some on yesterday's fireworks.
Great job Sprocket ;0)
Stef
Can't wait to hear the rest.
Carol
I think all of this is ok with Spector. Looks like another mis-trial is in the future!
Is there a real feeling in the courtroom that the Pex situation could result in a mistrial? That would be very unfortunate!
I can't imagine Moron Weinberg asking for a mistrial for something he was clearly part of. And if HPS brings up bad counseling, I'm pretty sure Weinberg and Pex will gladly tell about his involvement or, at least, his knowledge of what was going on to save their sorry a$$es. That should send him in the slammer for a while...
Nanouk
We will have to expect that Weinberg will try to maneuver this into a mistrial on the grounds that Spector cannot get fair consideration from the jury. This would make Spector benefit from the corruption of his defense team.
Sprocket, I agree with the other poster. You should publish THE book on the Spector trials.
David From TN
No, coinoutlet, the defense cannot put on purjured testimony and then move for a mistrial. A mistrial can be declared in cases of juror misconduct, prosecutorial misconduct, the inability of a jury to come to a verdict, and probably a few other reasons. But a defendant cannot get a mistrial because the defense screws up.
All of this defense melt down was bound to happen. Their whole approach was destined for failure. They called in a bunch of bigname experts and tried to convince the jury with nothing but their credentials that black is white, up is down, right is left, and Lana shot herself, it wasn't Spector. The defense attempted to paint a picture with the evidence that crumbled under the least amount of scrutiny. All of the defense experts were easily attacked because their opinions were not based on good science. Even non-scientists can discern when they are being fed a load of B.S. disguised as scientific expert opinion.
WOW!!!
Thanks Sprocket! Sure do miss seeing AJ in action, but your writing is the next best thing.
I have also voted for your blog, congratulations on the nomination!
Whoa! What a day! I can't wait to read what happened.
Thank you Sprocket for all you do!!!!!!!!
Yes Sprocket, you need to get a book contract and get paid for all the work you've put into going to this! Some news agency should be giving you something for your interviews, too. I wonder if you can get an agent....
Sprockets daily update is much better than Court TV. She can be our eyes in the court room. I was wondering if someone can tell me how far the court house is from the Amtrak/Metrolink train station. I sure would like to go see the trial live before it ends. But not sure I could walk that far or if I drove my car where to park. I live north of Los Angeles in Newhall, CA. Gloria
I can't help but wonder if there wasn't a method to Judge Fidler's apparent "madness" the prior day regarding the discovery issues. I would think that perjury would have more impact on a jury than discovery violations would.
If Judge Fidler ruled the discovery violation for the prosecution I guess none of this would have happened. Did Judge Fidler see this coming? I can't get past Judge Fidler demanding the CD turned over immediately to the prosecution.
Morning everyone. I apologize that I was so exhausted last night I choose not put up a full entry. Please understand that I haven't been getting a lot of sleep these past few months.
Despite my efforts to cover this trial, just imagine how hard AJ and Truc Do are working on this case. IMO, their one and only focus is to do the very best they can for Lana Clarkson. That is their main concern at this time, no matter what the courts rulings have been or may be at the end of this latest issue. (So please keep them in your thoughts!)
I also didn't mean to upset anyone when I asked y'all if you could "guess" what Weinberg said in response to the allegations of Pex committing perjury. I was trying to hint that if you read the prior days entry, you could get an idea of what Weinberg probably said. Again, I apologize.
I will answer a few questions before I start the long process of deciphering my illegible notes and get an entry up on yesterday's events.
Anon @ 10:40 pm:
I don't know if Weinberg will get "caught" in anything else. Remains to be seen what the arguments from both sides will be like on Tuesday.
Liz:
Weinberg knew about the prior experiments. IMHO, he had to. Whether his expert "specifically showed him each and every image" on the CD will probably be "debatable" in front of Fidler.
Weinberg's expert testified to the court that the 9/3 tests were for "educating counsel." Both James and Pex testified they had a meeting with Weinberg that occurred in December, 4-5th. Would expert Pex now say he billed for all this testing, yet, he never showed the materials to Weinberg, just "some"? Not likely.
Anon @ 3:21 am:
To be fair, I have no idea if Aphrodite Jones is going to write anything on the Spector trial. She's been to the trial a few times, but she's never sat through an entire day that I can remember.
Anon @ 5:57 am:
T&T thanks you SO MUCH for voting for us for best crime blog!
Anon @ 6:01 am; & coinoutlet:
I don't see Weinberg asking for a mistrial at all.
#1, the accusation does not rise (imho) to that level of error when there are several remedies available to Fidler. (Fidler as much as said so, re "remedy.")
#2 It would not be in Weinberg's best interest at this juncture. JMHO, of course.
I see Weinberg trying to argue that the testing wasn't flawed per se, (you would get back spatter on hands and fingers when holding any weapon in the standard position) so there was no specific intent to mislead the jury.
I also don't believe that Spector was involved in any way in this latest debacle because there were way too many Supporters in the courtroom yesterday. More than usual. I personally think Spector and Rachelle thought that Pex would "pull a rabbit out of the hat" for them and they put out the call for more people to come down.
Okay, that's it until my entry gets posted. Look for it in about 4-5 hours.
You can't have a mistrial if the defense screws up like this.
I can tell you that Spector is going to be found guilty.
I hear Queen in the background..... another one bites the dust.
At least the defense will have one credible witness. PUNKIN PIE! ROTFLMAO.
Geez. Punkin Pie, what a memory. She had absolutely no credibility, but I am sure they will put her on again. I bet the prosecution team has been checking out everything she said in the first trial. I think she could get trapped very easily, like Pex was.
Quite surprisingly, I found a lot of information in Vincent "Ninja" DiMaio's book on gunshot wounds found at
http://www.scribd.com/doc/10217209/Gunshot-Wounds-Practical-Aspects-of-Firearms-Ballistics-and-Forensic-Techn-2nd-Ed-V-DiMaio-CRC-1999-WW
(BEWARE: Extremely gruesome!!!)
Don't mind with the cover shown and scroll down to section 14, page 385, where it is said that, in suicides, "As the caliber of the pistol increased, so did the frequency of visible backspatter". The numbers given are for contact wounds, but it is interesting to find out that backspatter is only visible in 35% of gunshot wounds with a caliber size of less than 9mm while it can be found 50% of the time with 9mm.
He also states that "No blood was found either on the outside or inside of the barrel in 24% of the suicides using a revolver". So much for blood spatter all over the room...
Sold liars...
Nanouk
Punkin Freakin Pie..bring her on...
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