June 7th Hearing

[cboldt]

West cuts off Nelson's threat to conduct a Richardson hearing against the defense by pointing out that the state referenced the correct procedure, and he (West) is willing to submit to it.  Funny, because the state had just told Nelosn what the procedure should be.  Nelson sua sponte elevated the threat level against the defense.

West produces his correspondence with one expert for in camera review.  The court will decide what parts of that are work product, and which parts are the expert's conclusions.  Expert conclusions and how they get there are discoverable.  Nelson rules in favor of the defense.  The communications are not in the nature of expert reports that are discoverable.

Now the same, but for a different witness.  O'Mara produces the printed copies of e-mail correspondence.  Nelson revieing at the bench.  Considerably bigger pile of correspondence, takes a few minutes to review.

[cboldt]

Nelson has reviewed the packet that O'Mara presented.  There is nothing in those files that requires disclosure to the state.  One more packet, 6 or 8 pieces.  Dr. French.  The state says the court need not review.

Next witness is Reich.  WooHoo!  I'm putting on my psychedelic headphones.

[Redbrow]

West cuts off Nelson's threat to conduct a Richardson hearing against the defense by pointing out that the state referenced the correct procedure, and he (West) is willing to submit to it.  Funny, because the state had just told Nelosn what the procedure should be.  Nelson sua sponte elevated the threat level against the defense.

West produces his correspondence with one expert for in camera review.  The court will decide what parts of that are work product, and which parts are the expert's conclusions.  Expert conclusions and how they get there are discoverable.  Nelson rules in favor of the defense.  The communications are not in the nature of expert reports that are discoverable.

Now the same, but for a different witness.  O'Mara produces the printed copies of e-mail correspondence.  Nelson revieing at the bench.  Considerably bigger pile of correspondence, takes a few minutes to review.

Nelson is so blatantly biased against the defense that she immediately went for a chainsaw when a scalpel is all that was required.

[cboldt]

First exchange between Mantei and Reich, Reich comes back, "that (your question) is all garbled."

Reich goes through his academic degrees and testimony.  Repeats question of Mantei as to what work he (Reich) had done, academically, then gives his academic work experience.  Reich retired from academia in 2000, but "not from life, and nit from work."  He is asked about his consulting work.  Acoustic analysis, sound of gunshot, speaker ID.

[nomatter_nevermind]

Reich's critical listening skills seem a little rusty today.

[annoyedbeyond]

You'd think a guy who's been in court before would be able to not sound like a senile old drunk.

[cboldt]

Again, Mantei asks Reich "Were you contacted by the Washington Post," and Reich couldn't hear or make sense of the question.  Keep in mind this is a phone connection.  Mantei had to repeat the question.  Reich picked up the case out of curiosity.

[annoyedbeyond]

Really disappointed Mantei chose to spell "aural", was looking forward to what Reich might say to that.

[nomatter_nevermind]

Nelson was trying to get Reich to stop talking, and he wasn't listening. I love that this guy is supposed to be an expert listener.

[RickyJim]

Mantei's shtick: as long as you are using the right words for what you are doing, you get to testify under Frye.  You use your ears, a computer, etc, you are OK.

[annoyedbeyond]

Oh good. Now we're talking about WW II and charcoal on paper.

Guy's a trip. Tell me again why the state wants to use him?

[cboldt]

Oh good. Now we're talking about WW II and charcoal on paper.

Guy's a trip. Tell me again why the state wants to use him?

It does call Bernardo's judgment into question.  The state has no obligation to have its own witness testify.

Mantei admitting there are many factors that limit ability to analyze, including distance from speaker.

Reich says that the people who gave him the tape represented all the sounds were non-speech, but he found words being said.  He states his conclusion, that almost all of the screaming sounds are that of Martin.  Reich says that is preliminary (prompted by Mantei), because the strength of the scream signal was weak (-30 dB).

Reich referred to jail calls, Zimmerman re-creation, and Zimmerman scream re-creation as exemplars.  100's of hours listening.

[nomatter_nevermind]

Tell me again why the state wants to use him?

They're hard up for experts who will say what they need, and you never know what a jury will buy.

[cboldt]

Reich is called to do aircraft black box review, so has some knowledge of the particular background noises that appear from that environment.  In that environment, I would think word recognition would be valuable.

Direct exam over.  Now cross exam by West.  Nelson says "You may have to come up here so he (Reich) can hear you."

[annoyedbeyond]

Wow. Reich's testimony would be a lot better after a few drinks.

For me, I mean. He's already had enough.

Some of what he says aren't even words.