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Posts tagged ‘Dr. Arpad Vass’

6
Jun

Shocking!

The Charming Dr. Arpad Vass

It was a fine day of testimony for the prosecution in the State v. Casey Anthony!  The testimony of Dr. Arpad Vass, Research Scientist with the Oak Ridge National Laboratory (The Body Farm), was just as brilliant today as it was during the Frye hearings.

There is no doubt that the jury reacted well to him – all the “tweets” I read from inside the courtroom, indicated the jurors were keenly interested in his testimony.  Well, not when Baez was doing his cross – that fell flat in most instances, though Baez did okay at times.

Lot’s of Tweets said the jurors were irritated at all the objections from Baez – he was trying to disrupt Vass midstream – just when he was getting to the interesting part of his story / explanation. It was quite a learning experience for me – Dr. Vass breaks it down so easily, too.

Overall, this was extremely damaging testimony.  Dr. Vass said, in regards to the levels of chloroform compounds detected in the analysis of Casey’s car, they were higher than he’s ever seen in any decomposition analysis he’d done or seen.  Higher than anything he’d seen in all the twenty years he has been working in his field.

There are trace elements of chloroform found in the decomposition process, but never the high spikes as was found in the trunk of the car.  Dr. Vass said, he was shocked!

There was talk of the stain in the trunk, too.  Baez tried very hard to get Vass say that the stain could be from hamburger meat, or another kind of meat – presumably found in the garbage in the car.

Dr. Vass was an excellent witness – likeable, funny, and incredibly interesting.

An important realization for me, and I bet the jurors got this too, Caylee was likely in the trunk of that car without being wrapped in any kind of plastic bag.  That’s the only way the volatile fatty acids that are released during the initial phase of decomposition could have seeped into the carpet in the form of a stain.

It just hit me today, I guess.  I never visualized it – didn’t want to, but today I realized what really happened.

I hate to talk about this.

I’m relieved it’s late and past my bedtime.   Sweet dreams to all of you dreamers of justice for Caylee.

 

4
Jun

air and hair today

It’s Saturday and the first witness on the stand this morning was Karen Korsberg Lowe, an FBI, forensic evidence examiner.  She specializes in the examination of microscopic hair samples.  She was an excellent witness for the State, by the way.

Her testimony concerned the collection of hair from the trunk of the Pontiac Sunfire driven by Casey Anthony.

Among the 12 samples of hair collected, one piece of light brown hair, nine inches in length, is consistent with post-mortem hair banding or a marking on the root of hair that indicates it came from the head of a decomposing body.

The One Hair

This one hair, the hair from Caylee Anthony, has been tested and not only shows the type of “post-mortem banding” one would see on a hair from a decomposed body, further tests concluded that Caylee Anthony cannot be excluded as the source of the hair, but Casey can.

We heard from Karen Lowe during the Frye hearings in this case.  At that time, the questioning of the witness was conducted by Defense Attorney Dorothy Sims, and it was not in the least bit successful.

Today, Jose Baez handled the cross examination of Karen Lowe, and Baez was hardly convincing because Ms. Lowe was as consistent with Baez as she was with Jeff Ashton during direct examination as to her findings.

Ms. Lowe explained to the jurors that identification of a person cannot be made from the examination of hair; but the appearance of this particular coloration and banding of the hair is consistent with decomposing bodies, though it is unknown if the discoloration might be apparent in another type of situation.  She goes on to say that the post-mortem banding characteristics have never been seen in anything other than a decomposing body.

This is very damning evidence for the defense, and Baez tried hard to degrade the science, and Ms. Lowe’s experience.

During the Frye hearing on this topic, Judge Perry ruled the evidence admissible.  In his order he said,

In People v. Kogut, expert witnesses testified that post-mortem hair banding occurs only when the hair begins to decompose inside the hair follicle, while still on the head of the deceased.  These witnesses further testified that the technique for identifying post-mortem root hair banding was generally accepted in the relevant scientific community of criminologists who are involved in trace evidence analysis, a group that includes FBI, medical examiners, and police laboratories.

Here is the Order from Judge Perry with regards to the admissibility of the evidence, and from which the above quote can be found:  Hair Banding Order (Frye)

The Air

The next witness was Mike Vincent, who is an assistance supervisor with the Orange County Sheriff’s Office, in the crime scene unit.  Vincent testified about the methodology used in the collection of various samples of air from the White Pontiac passenger side area, the trunk, and the Bay area itself.

Presumably, this lays the foundation for the testimony of Dr. Arpad Vass of the Oak Ridge National Laboratories.

Dr. Vass was a compelling witness in the Frye hearings with regards to the topic of the odor of decomposition, and the finding of exceedingly high levels of chloroform from the sample taken from the trunk of the car.

It is not looking any better for Casey Anthony today.

9
May

air tests done and ordered – maybe

Is there a more frightening gaze than this?

It was a big day in the State v. Casey Anthony trial (yes, it’s a trial now!) in Clearwater, Florida.

Clearwater is on the west coast of Florida, in the central area of the state.

The day started (and ended) with news that Judge Belvin Perry both denied and then questioned the defense motion to strike testimony of the air tests conducted by Dr. Arpad Vass, Senior Scientist at Oak Ridge Laboratory.

In short, the Court ruled in favor of the Prosecution, letting the Air Tests for Decomposition into the trial.  At the end of the day, however, they came into question and Judge Perry has grave concerns with regards to allowing the testimony regarding the air tests.

Judge Perry, after hearing the concerns of Mr. Baez that a database used by Dr. Vass contains some compounds that both the Defense, the State, and the Court have no knowledge of, is reserving his final decision until more information can be gleaned.

The conundrum is: Why did the Defense wait until the final hour to bring this up?  To delay the trial? Or had Mr. Baez been asking all along for this database?   I must say, I remember the defense requesting this database – I believe I read this in Dr. Vass’ deposition.

At any rate, Mr. Baez tried twice today to get a continuance, once after the Air Test ruling; and another time after the initial jury pool was presented in the courtroom.  Mr. Baez (assisted by Ms. Finnell) attempted a  continuance due to the racial make-up of the jury. There were an inordinate amount of Caucasian prospective jurors versus Hispanics or African Americans.  This did not suit the defense team, as they clearly prefer a more diverse jury panel.

One cannot blame the defense.  The defense would prefer an anti-government, anti-police juror.  Do minorities tend to fit that profile?  I cannot begin to say with any certainty, though I would contend they would.

With regards to the Air Test ruling, you may read the document here.

The ruling is 23 pages long, and one of the first issues it raises are concerning a database of chemical compounds, which are known only by the FBI. The fact that there are chemical compounds unknown to the court is troublesome, but when Judge Perry wrote the ruling, he pointed out that the defense did not challenge these unknown compounds at the time.

Judge Perry writes in the ruling:

Finally, the defense contends the Defendant’s right of confrontation was violated because the Oak Ridge National Laboratory refused to provide its database of chemical compounds relating to human decomposition to the defense.  The defense states the Laboratory contended its database was proprietary to the Federal Bureau of Investigation which is the agency that funded the database research.

The Judge writes a footnote with regards to this statement as follows:

It must be noted that the defense never filed a motion before the Court seeking to compel the production of the Laboratory’s database.

It very well may be that the defense is now making their argument about the database as a result of the Court’s observation.   Regardless, when Mr. Baez raised this issue, the Judge asked repeatedly: why-oh-why did the defense wait so long to raise this issue?

At the end of the day, Judge Perry expressed his very grave concerns about these unknown chemicals and believes, should he allow Dr. Vass’ testimony about the decomposition air tests in to the case in chief, the trial outcome could be reversed on appeal, and they’d all be back again to retry the case.

The issue was tabled until such time as the Court can obtain the database information.  If the chemicals – all 478 of them – are not identified to the Court, Dr. Vass will not testify with regards to the Air Tests for decomposition.  But, my interpretation, from what Judge Perry said, is that he would have no problem with Dr. Vass identifying what the smell was – from his expert opinion, and experience working with decomposing human bodies.

This would be a great alternative in my view.  In fact, Judge Perry makes this very important observation in his order.  The following can be found on page 19 of 23 in the ruling:

Before discussing whether Dr. Vass may render an expert opinion concerning his analysis of the results of the GC-MS, it must be noted Dr. Vass testified that when he opened the sealed container containing the carpet sample, he smelled a very strong odor of human decomposition.

As pointed out in Dr. Statheropoulos’ article, the odor of putrefaction is characteristic and familiar to the front line criminal experts such as police investigators, forensic pathologists, anthropologists, crime scene technicians and other medical and non-medical professionals. It is simply common sense that, to some extent, all of us have organoleptic expertise.  Generally, we all exercise the powers of sight, smell, taste, and feel in our daily lives to detect certain odors and smells.  This fact has been recognized by the Supreme Court of Oregon in State v. Lerch.  (1984)  There, the court allowed a lay witness to testify that the odor he smelled from a garbage drop box behind his fish market was that of a dead human body because it was rationally based upon his perception.

It appears clear to me that the above is the Court’s way to ensure that, by hook or by crook, Dr. Vass’ testimony about the smell will come in and will be absolutely reliable given his years of experience in the study of decompositional events in human beings.

It is especially wonderful that the Judge references, in the above, the difference between garbage and human decomposition!

Incidentally, Judge Perry, when addressing the defense expert in his ruling – Dr. Furton’s testimony on human decomposition, pointed out, just as I had pointed out, that one cannot compare the decomposition of a body PART with the decomposition of a whole body.  Dr. Furton and the defense would have liked us to believe otherwise.  Fortunately, this was not lost on the Judge.

All, therefore, is far from lost on this topic for the State, in my humble opinion!

The last thing I wanted to point out is the booking photo of Casey Anthony at the Pinnelas County Jail.  I don’t know about you, but the photo is very frightening of Casey – her steely-eyed gaze into the camera lens with that flat-look is full of hate and anger, in my opinion.  I had to turn away from it at first.

I kept thinking that was the face Caylee saw in the end.

So, we can today thank Heaven that justice for a beloved little girl – Caylee Marie Anthony – is coming, at long last.

7
May

it was a wild day (in orlando)

Oh, baby, it’s a wild world,” wrote Cat Stevens in his song of the same name.

The events of yesterday, in the Orlando trial of the State of Florida v. Casey Anthony, were wild!

The day was complete with news flash after news flash – one wild story after another wild story.

What happened?  A great deal!  Here’s a quick run-down:

  1. The Defense wrote an eleventh hour hail-Mary motion to the Fifth District Court of Appeals asking to be given an extra ONE MONTH to file a response to the Petition for Review that the media had filed. The Defense claimed they hadn’t sufficient time to oppose the “Confidentially Agreement” authored by Judge Perry, and needed at least a month to  prepare their response.  Their motion was filed just before the 10:00 deadline.
  2. The Fifth District Court of Appeals, having read the above mentioned motion, took no more than five minutes to respond:  DENIED!
  3. An emergency hearing was called by the Court to listen to arguments concerning: The Defense motion opposing the venue to pick a jury, and the two motions with regards to the sequestration of George and Cindy at the upcoming trial.
  4. With regards to the defense’s motion opposing the jury selection location (the motion was sealed), it ended up being withdrawn by the Defense.
  5. With regards to the Defense’s motion in favor of almost total sequestration of the Anthony’s, that motion was denied by the Court.  This defense motion argued that they would be impeaching George and Cindy at trial; and their attendance would not be fair to Casey’s right to a fair trial.   However, when Mr. Cheney Mason argued this motion yesterday, Judge Perry told Mr. Mason that he did not meet their burden of proof.  You see, just because you announce Casey would be prejudiced doesn’t mean she will be!  The defense needed to produce facts, and case law suggesting this, but they failed to do this – not meeting their burden.
  6. The Judge ruled in favor of the Anthony’s motion to be present in the courtroom.  It was very telling that Judge Perry also pointed out that should anyone, during the proceedings, even raises an eyebrow, or smirks, or wiggles their disdain – OUT from the courtroom they will go, not to return!  How long will the Anthony’s last under that rule?  Ha!  I am certain that Judge Perry, though he only has one working eye, has eagle-like vision for these things, don’t you?!
  7. At the conclusion of the hearing, and prior to the ruling coming down with regards to the media appeal to the District Court of Appeals, Judge Perry’s final words  at yesterday’s hearing were, “See you 8:30 Monday morning!”  The Judge knew his ruling would stand, and indeed it did, but only in part.
  8. The ruling that we all were waiting for, came down from the Fifth District Court of Appeals, later in the afternoon. The trial will not be delayed by the annoying motion filed by the media – it was denied in favor of Casey Anthony’s Sixth Amendment Right to a Fair Trial.  However, the confidentiality agreement, written by Judge Perry, was disallowed.  This means, the media outlets will learn of the location Monday morning.
  9. Cindy Anthony made it known that she intended to visit her daughter at the jail Saturday (today) morning.  Of course, Casey Anthony denied the visit.  It would not have been smart, from a defense perspective; their relationship is too volatile and would likely just create issues for the Defense.

Oh yes, it was a wild day, yesterday!

But, we still don’t know if the Dr. Arpad Vass ruling, which would allow his testimony concerning the controversial air tests, is going to be allowed.  I suppose Chief Judge Belvin Perry, Jr., has too much on his plate right now, and out of an abundance of caution, wants to ensure he has dotted every “i” and crossed every “t” before he releases his ruling.

It appears that Jose Baez thinks Vass testimony will come in.  Why?  Because yesterday Assistant State Attorney, Jeff Ashton, advised the court, bemusedly, that Mr. Baez had recently “dumped” 5,000 pages of literature upon his desk.

Judge Perry asked Mr. Baez, why and he opined that he needed this material in cross examination, perhaps to impeach Dr. Vass, or to perhaps bring up opinions that were in conflict with his.

Jeff Ashton simply demurred and suggested to the Court that he’d deal with it as it happened (in trial).

Therefore, can we take this to mean that Judge Perry has already hinted to the Attorney’s that the evidence is coming in?  Has he advised them ahead of the actual filing of the ruling?   I tend to think that’s the case.   And I imagine that since the ruling will be a precedent-setting decision, the written ruling has to be carefully authored.

Yesterday, before the start of the emergency hearing at 1:00 p.m., the parties and Casey Anthony, were in an in-camera session with the Judge.  When they returned to the courtroom, it appeared that Casey Anthony was distressed, and may have been crying.  Had she just learned that the defense lost the Air Test for Decomposition Frye motion, too?  Is reality beginning to sink in?  Surely it must be.

When you stack all the evidence up, it’s a strong chain. Consider just this list in the ever-tightening chain:

Her police interview and statements, the jail video tapes, the jail phone calls, her mother’s 911 calls, her own 911 call about the protesters, her mother and father’s interviews with police, the Cadaver dog alerts on the home and the car, the chloroform test results, the post-mortem-banding of the strand of Caylee’s hair, the heart-sticker evidence, the plant growth evidence, photos of her partying at Fusion, the Bella Vita tattoo, the computer searches for chloroform, neck-breaking, etc., testimony about the smell of the squirrel, Zanny the Nanny, the testimony of her friends, and now perhaps the air tests?

I wouldn’t be smiling either.

It’s hard to get by just upon a smile.

~ Cat Stevens

27
Apr

chloroform is in!

Earlier this evening, Judge Belvin Perry, in the State v. Casey Anthony case, issued his ruling that DENIES the defense’s request to block testimony and evidence related to chloroform!

The massive amounts of chloroform detected from the air samples of Casey Anthony’s car, AND the computer searches related to making/using chloroform are ADMISSIBLE!  Read the ruling: Judges Order on Chloroform.

It is important to point out that it was Yuri Melich who contacted Dr. Arpad Vass of the Oakridge National Laboratory, to have this evidence tested!  Judge Perry, in his ruling mentions this fact.

This is one of the reasons why Yuri Melich is so deserved of the America’s Most Wanted All Star Award.  (So, don’t forget to vote for Yuri, and vote every day!)

To say this ruling by Judge Perry is a major blow to the defense’s case is an understatement.  It is gargantuan.

You may recall, the brilliant and personable Dr. Arpad Vass testified for the State of Florida on the issue of using a gas chromatography and mass spectrometry (GC/MS), instrument in the testing for the chloroform.

The GC/MS instrument has been in use since the 1900’s, and is, you may remember, the very piece of equipment that Jeff Ashton, Assistant State Attorney, had Jose Baez stipulate to when the contempt charges against Mr. Baez were dropped.   The purpose of the stipulation was to avoid argument about the GC/MS being a reliable instrument.

During the Frye hearings, Mr. Baez tried his best to renege on that agreement.  Why?  Because Mr. Baez wanted to malign the procedures used with respect to the MC/MS.

This created a heated battle between Mr. Ashton and Mr. Baez that used up a lot of court time, much to the chagrin of Judge Perry.   (I’m referring to the argument in which Mr. Baez claimed he was tricked by Mr. Ashton into the stipulation, when in fact it was to avoid argument about an instrument and a procedure that was well known and well tested by courts across the country.)

During the Frye hearing, Mr. Baez had what amounted to a “hissy-fit” over this issue, claiming that Mr. Ashton tricked him into signing the agreement to stipulate.  It was an embarrassing display of very bad courtroom behavior by both attorneys, but primarily by Mr. Baez.

Anyway, back to today’s brilliant ruling.

With today’s ruling, a couple of things happened, 1)  The searches for chloroform on the Anthony home computer will come into evidence, 2) Dr. Vass will testify that the level of chloroform evident in the trunk was 10,000 times greater than what is normally found in decompositional events, and 3) The amount of chloroform detected, coupled with evidence of the computer searches for making/using chloroform, speaks to premeditation.

Premeditation.

This story is looking dismal for the defendant, Casey Anthony. Those of us following this case, as a result of studying the discovery, have known all along that this case is insurmountable for the defense.  Anyone associated with the defense team and the Anthony’s are in a severe state of denial and, since day one, have been doing their client no favors.

What can the defense argue now?  Did George Anthony perform the computer searches on chloroform?  I could be mistaken, but I believe that it has been proved that both George and Cindy were working and away from the home during the day and time of the searches, which leaves Casey Anthony as the probable computer user.

With the massive levels of chloroform found and the computer searches, how does the defense argue that little Caylee Anthony died as a result of an accident?  Not possible.

Premeditation.  We knew all along it was premeditation.  Did the defense team read the same material we read?  It’s almost as though they were reading Grimm’s Fairy Tales, or Mary Had a Little Lamb, the way they glossed over and seemingly ignored the evidence.

If only Jose Baez had walked away from this case and let it go to a Public Defender, Casey Anthony may not be looking at the death penalty.

First Degree Murder with Premeditation and aggravating factors causing the death of a beloved child, cries out for the death penalty, based on the law.

Casey Anthony might as well be walking herself straight to death row.

Judge Perry still must submit his ruling on the air tests by Dr. Vass, and the plant growth, argued by botanists.

There is no reason why this evidence will not come in either.

Justice is coming now!

1
Apr

today: dedicated to Dr. Vass

It was wild and crazy in that Orlando courtroom today, I tell you!  At one point during today’s hearing in the State of Florida v. Casey Anthony, the tension was so thick it was palpable – the kind of tension that freezes a person right in their very tracks.

Most of the testimony today was about Dr. Vass, the wonderfully charismatic State Expert who testified to the high levels of chloroform, and of decomposition present in air samples.

Like the song goes….”this is dedicated to the one I love….”   Today was (not so lovingly) dedicated to Dr. Vass. His name was on everyone’s lips.  It was a day of “who can discredit Dr. Vass best?”

Frankly, it got tiring.

Cindy Anthony made an appearance on the stand today.  And, my goodness, 3 years later, she remembers she used a whole can of Febreeze in Casey’s car to stifle the “worst smell she’s smelled in her life,” and she used dryer sheets (yup, those help!), which she’d forgotten to testify to in her deposition.  Oops.

Well, Cindy has a reason for everything.  She explained her reason for not mentioning this in her depo was due to her just starting a new anti depression drug at the time of the depo.  But, now she’s able to remember.  She spoke directly to Linda Drane Burdick, who was not questioning her, and said, “I told you that Ms. Burdick.”  (That was embarrassing.)

Oh, but it did turn out to be a nice day for Cindy after all because  Casey mouthed the words “I love you, too” after she stepped down from the stand.  Do you think it’s because Cindy may go along with the plan to destroy George?  Did Cindy agree to the blame it on George tactic? That’s my guess.

The Judge stepped in numerous times to yell at Mr. Baez and Mr. Ashton, who, like siblings, each want to get a leg up over the other. Mr. Ashton, as fantastic an attorney as he is, is also a major hot-head and cannot stand Mr. Baez, clearly.  They clash so vociferously and despise each other so clearly, that the Judge must play referee.

I believe what Mr. Ashton hates the most about Mr. Baez are the tricks that he plays, the discovery he hides, and the fact that Baez is, clearly, devoid of any sense of professionalism in that courtroom.

The defense called Dr. Kenneth Furton, a researcher from Miami, who was a little terse and snippy.  In the beginning of his testimony, he held his chin in the air so high, you could almost look inside his sniffer.

As the day went on and Dr. Furton not able to channel Dr. Vass and become him, his chin slid down to such a degree he wore what can only be described as a “hang-dog” look. Poor puppy.

So, it was a day about Dr. Vass.  The wonderful Dr. Vass who most scientists in his field look to and emulate, would probably blush at all of the day’s attention.

In short, the defense just needs the smell of garbage to take the place of the smell of a body decomposing. Dr. Furton, in my view, was not able to do that for them.

The bottom line today was the fact that Dr. Furton has always based his studies, his findings and his experiments on separate body parts decomposing.  Not entire bodies.

And therein lies the rub.

There’s a big difference between the two events, as can be imagined.  Dr. Furton would not concede this at all.  He would not admit that results from a whole body versus a body part going through the decomposition process, would be vastly different.

That’s when I kind of stopped listening to him.

No hearing on Saturday.  The Frye Hearings begin again, next week, on Wednesday.

24
Mar

Day 2: Defense in frye free fall

There is an abundance of material to talk about after the events of today’s Fyre Hearing, and today’s desperate motion for a rehearing on the Miranda and Agents of the State issue.

Dr. Arpad Vass, (who has the patience of a saint), is the States scientist from the Oak Ridge Laboratory who tested air samples, and the carpet from the white Pontiac driven by Casey Anthony.  Thanks to WFTV, I am able to watch the testimony and the the cross examination by Jose Baez of Dr. Vass.  To say the cross examination was entertaining is an understatement.   There was one moment in particular that was shocking to me.  I am referring to the fact that Baez had stipulated (agreed) to NOT refer to the use of an instrument used in the decomposition studies by Dr. Vass.

When Baez began a line of questioning that was wiggling in the direction of what was stipulated to, Jeff Ashton objected, reminding the Judge of the stipulation.  Then, Baez nearly lost it!  He claimed that he felt “coerced” and his “hand forced” by Jeff Ashton on this issue – as if Ashton tricked him into stipulating. Then we hear that Baez agreed to this stipulation in exchange for Ashton backing off the contempt charges.

Baez claimed that he was tricked into agreeing to this stipulation when Ashton decided not to pursue contempt charges. Not true, said Ashton.  The stipulation was a result of this instrument being tested and accepted in the scientific community; it was sound science, therefore not necessary to argue this in a Frye hearing (it’s not a novel science).

Baez raised his voice to a shrill; he was absolutely livid.  Then Judge Perry told Mr. Baez it was his  fault for accepting the stipulation in the first place. Baez argued that he needed to address this “methodology” with Dr. Vass, as there is a crucial bit of testimony he wants to get to. Baez blamed Ashton for the situation.  The Judge jumped into the middle.

Judge Perry:  If this was so important to your case, why stipulate to it?  Baez claimed that the issue he wants to bring up is different.  Not so says Judge Perry.  Then Judge Perry asks Baez if this has to do with discovery ambush? Then it came out that Baez held this bit of testimony OUT of discovery.

When it was discovered he did this, Attorney Ann Finnel came to the podium, whispered to Baez (clearly telling him the trouble he’d face), and Baez asked for a recess. A five minute recess was called and Baez returned with his tail between his legs, and apologized.

You know, and I know, that Mr. Baez has a habit of holding back information in order to create an element of surprise – to ambush the opponent.  The bottom line here, is the fact that the State will not be fooled, the Judge will not be fooled, and Baez will either learn his lesson quickly, or face some kind of consequence, I’m sure.

I also wanted to add that Dr. Vass, during Ashton’s direct examination, made two remarkable statements.  He stated the levels of chloroform found in the samples of Casey’s trunk were 10,000 times greater than what one would normally encounter.  (There are small amounts of chloroform found in decomposition as a general rule.)  Dr. Vass stated that the chloroform “peaked” and he’d never before seen it this high in any of the hundred’s of cadavers he’d studied.

The other important revelation was a result of Dr. Vass’s reaction to opening the container holding the piece of carpet from the car, caused him to jump back two feet, it was so strong.

Dr. Vass was an excellent witness though clearly exasperated with Jose Baez.

I must also mention a moment during the cross examination of OCSO K9 handler and trainer, Jason Forgey when Baez attempted to ask about his Grand Jury testimony!   Judge Perry warned Baez and warned Forgey not to answer, but Baez asked it anyway and then stated he’d be writing a motion regarding this grand jury testimony.  The way Baez stated this, I got the sense that he intended to put the Judge on notice, so to speak.  This is purely my take on the situation and I say this as a result of hearing the tone of voice he used, and the self important demeanor he wore when he said it.

Today’s Motion  by the Defense

In the event you haven’t heard, the Miranda and the Agent’s of the State motion ruled on by the Judge last week, has been reopened by the Defense.  It appears the defense is painfully aware of the harm this ruling will do to their case.  To solve this problem of theirs, Mr. Cheney Mason wrote this motion claiming a myriad of mistakes, and outright biases that Judge Perry made in these two rulings. Read it here.

It is shocking to read, and is an outright attack on this Judge by Mr. Mason. The defense dissected Judge Perry’s ruling and listed the mistakes he made!  Mason (who was not in court today) literally accused the Judge of bias, of misstating facts, not correctly applying the law, and more.

Reporter Anthony Collarossi, of the Orlando Sentinel, does a good job of explaining how this motion tends to mirror the movements made by the defense when they attacked Judge Strickland, who ultimately recused himself from the case. He writes:

The latest defense motion brings about recollections of the defense team’s successful effort to get Circuit Judge Stan Strickland to recuse himself from the case last year.

In that motion, the defense argued “Judge Strickland seeks publicity in his own right, and that his rulings and decisions from the bench could be improperly influenced by his desire to secure the outcome that maximizes that publicity.”

Courthouse sources familiar with the case said they seriously doubted the defense would “get a second bite of the apple” if the attorneys are considering having Perry removed.

Mr. Collarossi also reports that Judge Perry will have an answer to this motion early Friday morning.

No matter what type of low and devious tricks the defense wants to pull, there is no disputing the fact that the actions of the defense in this case are contributing to the demise of their own case.   No attorney’s want to win a case this badly – there is something going on here that smells to high heaven.

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