Before court recesses, the judge wants to take up the Motion To Compel Production Of Database. Judge: Why didn't you ask Dr. Vass at time of depo what database consists of? Baez says defense was precluded from asking about it. Defense wants to know specific compounds released during decomp, according to Vass.
Baez says they need info about which chemicals are emitted at which stages. Says they were precluded from getting that proprietary information. Wants to know at which stage this or that chemical is emitted during decomp. Says without that info, will have to just take Vass's word for it and cannot do effective cross. Also, wants clarification about buried vs. surface remains. Wants full disclosure of Vass database. Were chemicals taken out during study or determined not to be related to decomp? Baez says it appears they didn't start recording some chemical decomp til later on, so it doesn't compare with this case.
Judge: You asked Vass during depo what the chemicals were?
Baez: We previously submitted request for that info and his counsel denied it and we were precluded from going into that area. It was his counsel, Mr. Parker.
Was made clear that if we wanted the info, had to sue the FBI or go through some process in TN that an indigent defendant in FL couldn't do.
Ashton responds: Motion to Compel filed almost 2 yrs ago. First, state not in possession of that information. Our position was court has no jurisdiction over Oak Ridge in TN. Suggested counsel utilize Freedom of Information Act and subpoenas duces tecum. The info is FBI's property -- only they can release it.
Defense never asked for a more limited disclosure of chemicals that show up in earlier stages of decomp. After depo, they asked for entire list of 478 compounds and were told again it was proprietary, owned by FBI, only they can release it.
To his knowledge, Ashton says, defense has made no attempts to get this information in all the intervening time (since fall of 2010). No attempt to seek ruling of TN court, no FOIA request filed, etc.
Ashton says state still does not have possession of those documents, court has no jurisdiction over Oak Ridge in TN, request is not timely (nothing done since Sept of 2010 on it). Defense provided with all info they need to cross-examine Dr. Vass. They didn't ask him in depo what chemicals were emitted in early decomp. They questioned him more about payment and financial matters than the actual science. If defense wants to go to TN, they have probably 2-3 weeks before that will be brought up in trial.
Judge Perry clarifying that what defense wants is a list of the 478 chemical compounds found. Vass said in his article a number of them were just compounds found everywhere, with everyone. Says he doesn't understand the big trade secret about the compounds.
Judge wonders what FL Supreme Court would do about not obtaining that compound list if there were a 3850 (motion to vacate/set aside verdict) or 3851 (post-conviction collateral relief after death penalty affirmed on direct appeal). If not disclosed, even if I let it in, he says, it could come back to bite in the form of a significant appellate issue; could end up in reversal because of 200+ chemicals that may/may not have relevance.
Judge has studied FL Sup Ct and each of its judges carefully and feels he knows how they would feel/judge things. Judge says it makes him sick to his stomach to think of appellate issues related to that compound list. Even though defense is late in the day with this, the secret compound list concerns him. Has staff researching the issue. Says he will be researching it himself tonight. Does not want to have to do this again.
Judge Perry says he has to guess what FL Sup Ct and Middle District Appeals court might do. Talking about a case that was sent back and is in 11th Circuit Court of Appeals even after 5 yrs ("And Lord only knows what the United States Supreme Court would do.")
Judge says this is "very, very troubling" to him. Says without disclosure of that database, not sure he'll let Vass testify about the decomp compounds.
Baez, of course, says he thoroughly agrees with the judge. Judge hears some argument from both sides. Ashton says Oak Ridge has never claimed the info is secret, but that it belongs to the FBI. Miss Simms has contacted FBI on other matter and they've been very cooperative. Unsure why defense hasn't contacted FBI. Ashton says he'll call if they want him to, but not sure why they don't do it themselves.
Judge says if it aids due process, he ought to make the call. Says he has no plans to do this trial again. If he's gonna err, he's gonna err on the side of caution. Every decision he's made has been made carefully, deliberately, based on sound legal research. Isn't gonna start making rulings at this stage of his life that cause him to be unable to sleep well at night.
Judge says they'll revisit this again, at least by Wednesday, if parties have staff they want to look into it. Judge calls recess til 8:30 tomorrow morning.
No comments:
Post a Comment