Author Topic: Daniel Schumaker, Defense Expert, Graphic Representation and Animation, 7/9/13  (Read 3989 times)

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Offline nomatter_nevermind

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This is a Daubert hearing, maybe in combination with something else. I have heard 'Pierce'. Jury still out.

DS sworn.

DS is owner of Contrast Forensics.

O'Mara taking DS through his career.

DS's degree is in fine arts.

DS has done graphic representations for business and government proposals, crime scenes.

His work includes taking field measurements, making total station diagrams.

O'Mara has DS giving a lengthy description of his methods.

DS talking about motion capture suits.

DS uses suits with accelerometers.

9:06 AM

DS preparing to present a sample animation from another case.

Looks like technical difficulties.

Attractive blond lady hovering about. Is that the member of the defense team that never talks?

O'Mara despairs of showing video to the room. DS takes his laptop to the bench.

I think this courtroom needs a person with a name on their shirt. You just can't make gadgets work in a suit.

More of DS describing and explaining his methods.

Each of DS's motion capture suits has 16 accelerometers, monitored by a computer in real time.

DS talking about previous criminal cases he has worked on.

DS: All the cases for which he has testified in court have been criminal.

DS: He has been qualified as an expert by a number courts, in graphic representation and animation.

DS: He has never tried and failed to be qualified.

DS: First conversation with defense attorneys in Aug. 2012. He did not become involved then for medical reasons. His next conversation with them was April 2013.

10:01 AM

Nelson viewing animation on laptop at bench. Audio is Lauer 911 call. O'Mara says animation ends before audio.

Mantei is at the bench, with DS and O'Mara.

For once we have audio from the bench. DS giving Nelson more explanation.

DS showing Nelson 'slides' on his laptop.

10:06 AM

Christina Vazquez tweets Sybrina has left courtroom.

DS is explaining what evidence each 'slide' is based on. The only thing I've found surprising is that Mora's testimony was used.

Bench presentation done. DS back at podium.

Nelson said the technical problem is that DS's laptop is an Apple. O'Mara said during lunch break the data would be moved to another computer.

O'Mara asked a lot more questions about DS's work and other work in the field.

10:17 AM

Mantei asked for 5 minute recess before he begins cross. He wants DS on stand (he has been at the podium when not at the bench). Nelson granted both.


About 10:25 AM

Mantei: Cross will take 45 minutes.

Nelson: Too long. Will finish Daubert hearing in afternoon.

Offline nomatter_nevermind

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4:45 PM

Mantei Crossing DS

DS: He has testified in 17 criminal trials. There was a pretrial hearing for each one.

DS: He rarely has video evidence.

DS: None of his previous cases used animation of a hand-to-hand fight.

DS: He didn't measure his motion capture actors to see how closely they matched GZ and TM. That isn't important.

DS: Latest version of the animation is the third.

DS: He hasn't heard or read courtroom testimony. He has changed animation to reflect what defense attorneys told him about courtroom testimony.

DS: He was not allowed to watch the trial.

Mantei has asked question after question to show that the animation is based on information not presented in court, or which DS cannot say was presented in court.

Mantei tried to pin DS down on whether he claims his animation is accurate or is presenting it as an estimate. DS was evasive.

DS: The purpose of the final positioning is to show who was on top, who was on bottom, not distance between TM and GZ.

Mantei showed DS transcript of one of his depositions. It says DS said he made decision not to show a gun in the video in consultation with the attorneys. Mantei has been trying to get DS to say that this means he did it at the request or direction of the attorneys.

Nelson asks for animation to be displayed.

O'Mara thinks it can be done now.

Working on it.

Back from a break. Mantei has a still on his laptop. I still don't know if they got the projector working.

DS: Reenactment was the only GZ statement used for the animation.

6:03 PM

O'Mara on redirect.

Details on motion capture suits, much of it repetitive of the morning.

DS: Suits have been used to track skydivers.

O'Mara asked several questions about updating animations with new data, in general and for this case.

O'Mara and DS going over animation and the evidence it is based on in excruciating detail.

We're seeing the animation, as O'Mara steps through it, questioning DS on history of decisions in its making.

Nelson asked how the actions of Good are synced with Lauer's 911 call.

O'Mara: Good's call connected at 19:17:15, Lauer's began at 19:16:11, gunshot at 7:16:56. (That's how O'Mara presented it.)

Nelson wanted to know how to place the 8-10 seconds that Good watched altercation.

O'Mara suggested recalling Good.

Nelson said she doesn't want the hearing to go on for days.

DS mentioned input from Good via O'Mara. Nelson asked when. DS didn't recall. O'Mara supplied a date. Nelson, clearly displeased, noted that Good was in sequestration. 'Mara offered explanations that didn't seem to satisfy Nelson. At some point Mantei chimed in with observation that everything O'Mara has been saying is news to the state. Nelson told O'Mara to get back to questioning DS. I don't think we have heard the last of this.

I don't see what's so great about the animation.

We're done stepping through the animation. O'Mara plows on, tediously questioning DS about tedious details.

6:52 PM

Mantei on recross.

I don't think they're getting to the Conner proffer today.

If I were Nelson, I'd exclude the g*d* animation because I was sick of hearing about it.

7:02 PM

DS excused.

Offline RickyJim

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I agree with you NMNM that the "animation" isn't very helpful to the jury.  Maybe the prosecution doesn't want the defense to appear to be more hitech than they are which may make them more credible to some jurors.  I agree with Mantei that perhaps only some still cartoons should be allowed in. 

Offline DebFrmHell

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4:45 PM

If I were Nelson, I'd exclude the g*d* animation because I was sick of hearing about it.

7:02 PM

DS excused.

And this is why I love you!   :-*   :D

Offline Lousy1

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In order to satisfy the state ,  the defense could stipulate that it is unclear which hand TM used to cold-cock GZ .

Issue solved


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