Court kicked off with a sidebar! Judge Perry told jury they could be deliberating at the end of next week but things have moved very slowly! Hopefully this will all be finished with sooner rather than later.
Before the jury entered, Ashton said that there may be an issue with Dr. Rodriguez whose deposition was taken on Saturday. He read it Sunday and would like to read it again before he is called again as a witness. He also doubts whether he should be considered an expert testimony. Another witness Dr. Eikenbloom showed up at Ashton's office yesterday with 1 page report that didn't show anything of importance. He was sent away since he couldn't depose him without an actual report. He received a report and a 45 page slideshow. He will be deposed Tuesday. Ashton will be asking for sanctions to alleviate prejudice.
He says Defense is deliberately ignoring court orders and Baez says these witnesses have been listed for awhile and the state could have deposed them at any time if they wanted.Baez says "State has violated court's order regarding experts twice, with no threats of sanctions/contempt.Court has made it clear this is not a game - this is gamesmanship from Ashton from the beginning. He knows to take expert depositions. Ashton is playing games with court's order, using as both sword and shield by ignoring responsibility to take depositions."
"All of this is common DNA stuff. Ashton wouldn't need much preparation for it. Ashton wants to delay court/jury b/c of intentionally failing to take depos. Goal of this court was to prevent "gotchas." I warned court at status hearing that Ashton was trying to use not taking depos as sword/shield. We didn't intentionally ignore court's order. It disturbs me. I have labored daily/nightly on this case. Severe prejudice against us by prosecution omitting depos & then trying to use as sanction. It's bad enough he wants to do this in the context of wanting to take her life, but wants to go after her lawyer too." Judge Perry responded by saying "Both sides look at that clock back there and tell me what time it is."Baez says 9:26, Ashton says 9:25.Judge Perry responds by saying "The two of you will never agree/interpret the same. Jury's been here for an hour. All attys required from now on to be here at 8:30. At 9:00, we will start-no more of this" He says though that this might be a case where ultimate sanction of exclusion would be proper. Judge Perry: "Enough is enough."Judge Perry grants state's request for time to properly prepare for Dr. Rodriguez' testimony... But the next witness was Eicklenboom.Defense said it'll take 30 min to get next witness in house. Judge tells deputy to talk with jury. Perry warns court and says he might begin to start court at 8:30 each day. Tells attorneys this will stop or they'll be "working some fierce days." Judge Perry extremely upset with defense for violation of same order he reprimanded Baez for Saturday regarding experts.
So Baez basically blamed Ashton, the judge and his own witnesses for violations. Would've been better off to apologize instead.
Recess until 10:25
We are are still waiting for the court to begin. Both sides are in chambers with Judge. It is now 10:46
Court is back in session and will be in recess until 9am tomorrow morning.
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