Sep 22, 2014

Tree motion for new trial missing crucial information not provided to the Court;

The defense strategy of character assassination and selective information continues in the Bodhi Tree case.

So the big to do about asking for a new trial comes down to the defense motion basically character assasinating prosecution expert witness Deborah Stonebarger. That strategy worked really well for them in the trial didn't it?

Compared to the defense experts, the prosecution experts were far more qualified and unshakeable. I was very impressed with Ms. Stonebarger. When we got the copy of the motion, another media colleague and I just shook our head and said the same word, "desperation."

I ran into Ms. Stonebarger's husband, Kevin, this morning, who is an investigator and currently at the Courthouse for another case and asked him about something I noticed in the motion. There is an employee response referred to in the evaluation documents attached in the motion but there is no such response. At first, he was a bit hesitant but then he answered my questions.

"There are 10 to 12 pages of documents missing, "  he said. "There are only two options: either Heidi is witholding that information from the Court or Toby Baxter did not give that information to Heidi and in that case he perjured himself."

Toby Baxter is Ms. Stonebarger's former supervisor. In defense exihibit 1, there is a QAIF test refered to that does not have a three page report Ms. Stonebarger wrote. There are 5 to 6 pages response to her evaluation referred to in Exihibit 2 that is not included. In February 2012, Ms. Stonebarger got an excellent evaluation but that was replaced by the evaluation that is attached in the defense motion.

Why?

Shoddy work was alleged by the defense and used a lot to attack the prosecution and law enforcement in the trial by the defense. Perhaps they need to work on dotting their i's and crossing their t's.




1 comment:

  1. It's true. The defense attorneys should spend more effort on helping the prosecution's case by bolstering their witnesses.

    It's almost as though they're just presenting info that supports the defense.

    ReplyDelete

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