DA's office files response to defense motion for a new trial for Bodhi Tree

Just some excerpts from the DA's response to the defense motion that sum up some key points.

"Defense Counsel states correctly that a new trial may be granted when the criteria of Penal Code §1181.8 have been met.  However, those criteria have not been met.  Defense Counsel refers to information which was discovered during jury deliberations and immediately provided to defense counsel.  This discovery consists entirely of training and performance issues with one of the People’s experts.   That expert was Ms. Deborah Stonebarger, a Department of Justice Criminalist.  Ms. Stonebarger testified as to blood stain analysis of the Defendant’s clothing.  She was not the People’s primary expert, and her testimony was limited in scope."

"The information regarding Ms. Stonebarger’s performance issues are merely cumulative and would not have impacted her ability to testify as to her particular assignment in this matter.

The People’s primary Department of Justice Criminalist expert was Mr. Dale Cloutier.  The
People also provided testimony by a third Department of Justice Criminalists,  Ms. Rebecca Gaxiolla."

The DA's response also states that "Ms. Stonebarger's casework limitations have no impact on her  assignment as to this case. Ms. Stonebarger did not provide any testimony as to firearms, nor as to blood alcohol analysis, which are the two disciplines that have been removed from her casework."

The response points out that Dale Cloutier was the People's primary Department of Justice expert and the information about Ms. Stonebarger's casework limitations would not likely result in a different verdict upon retrial.