UPDATE! WFTV has posted the hearing.
WESH has reported that Judge Belvin Perry has approved the DNA testing at the Pennsylvania labs.
During the hearing, Baez claimed that none of the state labs were certified The American Society of Crime Lab Directors. Brad Bischoff, representative for the JAC, could not confirm that any of the labs JAC lists as vendors are confirmed by ASCLAD.
Judge Belvin Perry said since the court had agreed that the items needed to be tested by an ASCLAD lab, he granted Baez's request to send the items to a lab in Pennsylvania called National Medical Services and spend the money on the testing.
As far as Laura Buchanan's deposition yesterday, WFTV posted the following article yesterday afternoon.
WFTV reporter Kathi Belich was the only one there when Buchanan was questioned Wednesday and her lawyer said she has no idea exactly where Caylee was found. He said if prosecutors show her a map and ask if she had searched specific locations in the woods off Suburban Drive, she'd be able to tell them.
Buchanan showed up Wednesday for a second round of questioning under oath by prosecutors after calling in sick last time and then getting a new lawyer. Now, she's under investigation by the Orange County Sheriff's Office for allegedly faking a document claiming she and other volunteers searched right where Caylee Anthony's remains were found three months earlier, and found nothing.
Buchanan is also accused by another volunteer of using the bogus report to try to convince him to go along with her story.
I've followed many trials over the years, beginning with the OJ Simpson trial. I learned over the years to expect long period of "quiet time" between the crime and the trial. Back in July, 2008, I expected that there would be long periods of silence punctuated by occasional news as to the progress in the case. Boy, was I wrong! Due to a great deal of bizarre behavior on the parts of many people involved in the case and the Florida Sunshine Laws, following the Casey Anthony murder case can be a full time job.
This week has proven to be quiet, but interesting. On Monday and Tuesday, the defense team and PI's were at the court house going through TES records and doing some phone-fishing. From what I've read at several sites makes my blood boil. People who were not even near Suburban Drive are being called. I have to wonder what Judge Perry will think about another fishing expedition after the last hearing when he said that the taxpayers of Florida would not be paying for fishing expeditions.
Today, TES searcher Laura Buchanan is scheduled for a deposition in Orlando with her new Florida attorney. I have it on good authority that by going to Orlando for the deposition, she will have automatic "use immunity" for whatever she says. How many of you feel as I do? I so want to be the fly on that proverbial wall. As of now, she has been the only person who has been mentioned by the Baez camp as supporting their contention that the area was dry, searched, and no body was there. Her previous deposition had to be stopped because of a suspicious document faxed to the State's Attorneys Office which was not among the original TES documents.
Tomorrow, there is a telefonic hearing at 1:30 PM in Judge Perry's courtroom. Up for discussion is the cost of DNA testing scheduled to be done in Pennsylvania. Apparently, when Judge Perry approved the testing, the JAC was not noticed (Doesn't this seem to happen a lot in this case?).
Thanks again to Muzikman, we have all the documentation for the hearing. With the documentation comes confusion. At the September 28 hearing (remember, the one with all the headaches), Judge Perry approved the testing of the shorts and the laundry bag the following day:
Judge Perry ruled that the evidence will be sent to National Medical Services, Criminalistics Laboratory in Willow Grove, Pa. According to the Orlando Sentinel, both parties have agreed to using this lab.
Somewhere else in the hearing, there was mention made of testing hair samples. Judge Perry indicated that Baez had to get the defendant to sign the stipulation asap.
Now, WESH is reporting that the hearing tomorrow will deal with the hair testing. Yet, in going back, there are also the shorts and the laundry bag. None of this information got to the JAC. So, the question is, what items are include in the motion? They are never specifically named, it just says "two items".
In the JAC response, which is included in the above document link, Bradley Bischoff objects to the items (whatever they are) being sent to an out-of-state lab.
If televised, this hearing will be a difficult one to follow since both Bischoff and Baez will be calling into court. I'll be checking it out!
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10 comments:
Ritanita
Thanks for the update! I was looking forward to it!!!
What do you mean about "immunity"? Is this the reason LB hired a lawyer from FL? Well, I believe LB will maintain her story that Caylee was not there in the swamp where she was ultimately found, you know when she was there searching. If she were cooperating with Prosecution she would have been deposed a long time ago. It reminds me of DC, he decided not to cooperate with Prosecution and tell what he knows, well so far we have no idea if DC was deposed which I believe he was not. Maybe Prosecutors decided he was not credible anyway.
Why won't JB be in this hearing? Is he taking another vacation to Europe? LOL! It's hard to follow his thoughts when he is in the courtroom, can you imagine from a phone? Then there is CM, the babbling!!! Tomorrow will be awful!!! Geez!
In Florida, when you are deposed under oath, you receive "use immunity" for what you say, you can't be prosecuted for it.
Somebody told me (and I can't remember who), that out-of state depositions done by Skype or phone do not carry use immunity.
I think that's why Laura is in Florida, she may have some thngs to say. I have never trusted Baez & Co.'s assertions made about her in their motion. Remember Joseph Jordan? He was in one of the motions along with Laura and turned tail and went to the police with his illegal tape because he felt his words were being twisted. He's no longer in the defense case. Something like this could happen today.
This is a telephonic hearing with the judge being the only one "live" in the courtroom with his staff and it will be awful. The main goal for me is to find out the decision.
hello there thanks for your grat post, as usual ((o:
Ritanita,
Thanks! That explains the reasons LB is going to be deposed in FL. Hmmmm! Here is the thing, will she keep her previous statements or not? We may not know until trial, unless JB asks for a copy of her deposition right?
I do remember Joseph Jordan, he did the right thing though.
Did you read that Brandon Sparks were supposed to be deposed this week? This is one of the depositions I am curious to read, besides LB, of course.
Some tells me Kc's defense will ask for more time to be calling the TES searchers, you know this is coming, don't you? You know their tactics... "delay, delay, delay". I am so sick and tired of the defense.
Thanks for a great update Ritanita!
It is a full-time job to keep an eye on the hi-jinx of this defense team. Thank you for your efforts.
After following the links to Musikman's docs I found myself going Hmmmm (again)....is this just another careless waste of taxpayer money or is it an underhanded attempt to get in an expert witness they want....after all, everyone knows, the damn rules don't apply to their client.
If Baez had followed the rules as outlined in the Attorney Services Agreement(ASA) with the JAC, this tele/hearing would not be necessary.
The ASA specifically addresses out of state experts and testing. The rules requires the defense to use qualified people in FL and further states it's on the defense to show the JAC a diligent effort was made to find an in-state expert. Not only was the defense non compliant with the rules, for some reason they didn't notify the JAC of the motion before submitting for courts approval....makes ya go hmmmm...I won't even go into LB. ;)
Right on, Katfish!
WFTV posted an article late this afternoon with some information about LB.
http://www.wftv.com/news/25830173/detail.html
Ritanita
Thanks for the update!
Judge Perry had granted the Motion to do the touch DNA tests in the US by a lab certified by ASCLAD, not in Europe as JB wanted, so I kind of expected Judge Perry to accept the amount to pay for the tests.
As far as Laura Buchanan goes, I am so curious to know how she handled her deposition, she sure has changed her mind, her new lawyer was dodging questions yesterday. Her declaration used by the defense doesn't seem to have been written by her, I wonder who wrote that... Aren't you curious?
As I posted on Val's blog, KC's defense might consider adding JW to their witness list. LOL!!!
Ritanita,
Hello! What did you think of the new Motion filed by the Prosecution? I hope they get their hands on the forensic experts' contracts. One can only hope, right?
BTW, is normal procedure lawyers have contract with their clients? I have no idea how it works... do you?
Hi, FRG!
I read over the motion yesterday and it seems that Ashton wants to be sure he has his discovery before he does the depositions with the experts.
Remember when Linda Drane Burdick complained about not having any discovery prior to depositions? It is next to impossible to question a witness without this pertinent information.
While the State has provided voluminous discovery and reports to the defense, the defense has not reciprocated willingly. Of course, if the defense thinks that they haven't been provided a snippet of information, they are all over the State in court.
I'm going to do some more thinking about all of this and will put up an article later in the week about the hearing on the 29th.
Oh, and since the motion will be discussed then, we will see defendant Anthony in court again.
Happy Thanksgiving to all here!
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