James Ray Trial Trials :: April 28th
29 Apr 2011 :: by sd :: Comments– Legal arguments going lamely. Evidence being kept out because of 403 :: Ms. Polk argues court is applying the wrong standard. #JamesRay #
– There is a bias in the law toward letting the evidence in :: but Judge still doesn’t wanna do it. #JamesRay #
– #JamesRay was perp walked like some kind of murderer. How sad. So his wallet must not come in says Mr. Kelly. #
– #JamesRay went back to his room for a sandwich and a shower :: where the police found him. Then his room was blocked off for evidence. #
– Mr. Kelly requests that Melinda Martin’s personal information be used to block out #JamesRay’s personal information. Fair is fair. #
– Ms. Polk wants to call a doctor participant from 2008 {Dr. Kent} to established foundation for life threatening heat illness in prior years. #
– Dr. Kent left the lodge early :: believes he saved people lives outside the lodge … looked inside the lodge and saw two bodies. #JamesRay #
– Dr. Kent was interviewed by Det. Diskin on March 14th :: the audio was turned over to the defense immediately. #JamesRay #
– Dr Kent called State after watching media coverage. Dr Kent tried to email before trial {fail} :: and then called once it started. #JamesRay #
– Det. Diskin did 70 interviews. Dr. Kent was listed as “David Kent” and wasn’t interviewed. As soon as he called he was disclosed. #JamesRay #
– It would be much harder to stay calm if Ms. Polk wasn’t so calm. Here comes the jury. #JamesRay #
– Det. Diskin takes the stand yesterday for Part 1 :: http://wp.me/pye0D-1YG :: now returns for Part 2. #JamesRay #
– Evidence is secured and there are numbers and procedures and blah blah blah … #JamesRay #
– The pit. Was it centered? A: I was crawling around in there for two hours … looked centered to me. #JamesRay #
– Q: Can you center something in a non perfect circle? A: No. #JamesRay maths! #
– Mr. Kelly is making foundation objections :: which has worked zero times so far against Ms. Polk. #JamesRay #fail #
– Mr. Kelly objects to foundation :: then objects to foundation on the foundation questions. Sidebar. #JamesRay #
– There was a meeting about what to do with the lodge as evidence. #JamesRay It had mostly been destroyed as evidence by events anywayz #
– Recreating events would have required human volunteers … and there were too many other variables. Basically impossible. #JamesRay #
– Det. Diskin was thinking #JamesRay maybe used a toxin or some kind of hallucinogen to produce the “altered state” he had promised. #
– Detectives decided that cross sectioning was the most efficient way to preserve conditions as well as possible. #JamesRay #
– No ants. No evidence of poison on the scene. #JamesRay #
– The scene was eventually released back to Angel Valley :: because the State can’t keep things forever {xcept u money and u stuff if u poor} #
– Det. Diskin gave the okay to burn the “kiva” wood. The fire department said burning the tarps was a bad idea. Pointless objection. #JamesRay #
– Det. Diskin wore protective coverings {“tie bag suit” maybe} while on the scene because he wasn’t sure what killed people. #JamesRay #
– Diskin says subsequent investigation revealed that the lodge only had problems when #JamesRay and his extremeness was on the scene. Sidebar. #
– Tyvek suit … http://en.wikipedia.org/wiki/Tyvek … #JamesRay #
– A time for war :: A time for peace :: A time for logs. #JamesRay #
– The nail in the log that Special Investigator Luis Li found was a big headed nail used to nail down tarps and paper and stuff. #JamesRay #
– Oh noes! No nails in log number two. #JamesRay #
– Log three :: no nails :: pieces chipped off to send to the lab for testing. #JamesRay #
– Wood for the intentions fire wasn’t lumber :: was sticks and such :: none of it was seized or tested because seemed irrelevant #JamesRay #
– Willow branches from fake sweat lodge structure taken into evidence and samples sent to the lab. #JamesRay #
– Rocks were taken from inside the lodge :: and from inside the rock heating pit :: and sent to the lab for testing. #JamesRay #
– The cross sections of the lodge were taken from the magnetic directions :: lodge seems to be incorrectly aligned for proper magic. #JamesRay #
– More can opening … a Diskin specialty. He should use his gun … that would be faster and louder. #JamesRay #
– Short lunch recess {gots to allow the defense adequate time for stalling} :: back at 1:00 ArizonaTime. #JamesRay #
– The fourth log :: the suspense is almost too much … #JamesRay #
– How can we be sure these logs aren’t haunted? Tarp nail in 4th log :: Mr. Li was 2/4ths right about his conspiracy of nails. #JamesRay #
– The tobacco pouches are tiny :: about the size of a large marble … maybe enough for one sloppily rolled smoke. #JamesRay #
– Det. Diskin calls the victims victims instead of “folks” :: how odd. #JamesRay #
– Q: When you were collecting soil samples from inside the lodge did you know about the pee? A: No. #JamesRay #
– Detectives went back later in Oct to get a control sample from outside the sweat lodge area. #JamesRay #
– Liquids at the hydration station were sampled :: the fruit was sampled. They were never tested because there was no correlation #JamesRay #
– Det. Diskin used the original photos on his laptop to find flies and ants on the fruit. He remembers the flies from the scene. #JamesRay #
– The first aid kit was behind the fruit station in a box on the ground. It comes complete with a journal {looks like} #JamesRay #
– The first aid kit seemed unused and contained a radio and an alarm clock. #JamesRay #safety #
– The State crime lab doesn’t always test everything that the county asks to be tested. #JamesRay #
– The State crime lab prioritizes evidence for testing based on the likelihood that it will yield valuable results & seriousness of the crime. #
– Testing for “volatiles” :: chemical signatures left by various substances that have been heated. #JamesRay #
– Mr. Kelly makes an omnibus objection :: and offers more compelled stipulations to facts that will sound yucky coming from Diskin. #JamesRay #
– The crime lab decided what temperatures to test substances at :: in consultation with Diskin. #JamesRay #
– Det. Diskin told the crime lab about #JamesRay’s “it’ll be way hot” warnings :: and about the deaths :: vomiting :: and altered states. #
– 2 rocks tested :: 2 logs tested :: 2 lodge cross sections tested. Not by the defense of course :: they only pretend to be curious. #JamesRay #
– Crime lab was reluctant to test the tarps because plastics are full of wild volatiles that muck up the tests. #JamesRay #
– The crime lab declined to test the soil samples and sent them back to evidence. #JamesRay #
– Mr. Kelly can haz sidebar? #JamesRay #
– Questions about the o-phosphates hearsay clip from yesterday. #JamesRay #
– The person speaking in the clip is unknown :: but Diskin was thinking carbon monoxide or toxins himself so it doesn’t surprise. #JamesRay #
– Ms. Polk asks several question to illustrate that no one said anything about o-phosphates after the first few hours on scene. #JamesRay #
– Det. Diskin was inundated with volunteered information during the 4 month investigation :: no talk of rat biscuits or ants. #JamesRay #
– Det. Diskin didn’t give medical examiners any information about o-phosphates because there wasn’t any. #JamesRay #
– Det Diskin did an all day no lunch interview with the defense team about the evidence before the trial :: they didn’t ask about poisonings. #
– Two lieutenants and Det Polling also interviewed by defense. Diskin was present :: they were also not asked about o-phosphates. #JamesRay #
– Det. Diskin present at medical examiner interviews by defense team :: o-phosphates never mentioned. Objection. Recess. #JamesRay #
– Defense objects to the State’s line of questions which “shift the burden of proof”. #JamesRay #
– The State requests an evidentiary hearing {no jury} to call Haddow. #JamesRay #
– Ms. Polk :: it’s not burden shifting. Defense has focused on Diskin not testing for o-phosphates :: hearsay audio was admitted. #JamesRay #
– Ms. Polk has two cases on point about burden shifting. Mr. Kelly has never heard of citing cases so he’s prolly confused. #JamesRay #
– Ms. Polk reads from a case that’s factually similar to this situation :: she argues her questions are even less burden shifting #JamesRay #
– That was a great argument by Ms. Polk :: Mr. Li begins his sloppy response. #JamesRay #
– Mr. Li says “when I was a prosecutor” for like the fifth time. I guess that’s the statute of “personal experience” … #JamesRay #
– Ms. Polk doesn’t object to an instruction about burden of proof :: she just wants it at the end where it always is. #JamesRay #
– Judge doesn’t want anymore questions that indicate or imply the defense should have told Diskin about their lame theories. #JamesRay #
– Judge also doesn’t love the defense’s idea to give a midtrial instruction. So basically nothing happened .. as usual. Recess. #JamesRay #
– Det. Diskin heard of o-phosphates for the first time in his life during Mr. Hughes’ interview with defense expert Dr. Paul #JamesRay #
– After hearing about o-phosphates for the 1st time Det. Diskin had blood samples tested :: tests were negative but unreliable based on time. #
– No evidence of o-phosphates was ever found on the scene. #JamesRay #
– Cops attended all the autopsies. #JamesRay #
– Wallet photo admitted. Ms. Polk makes clear the wallet wasn’t left behind :: it was seized. #JamesRay #
– #JamesRay’s briefcase and documents also seized. Ms. Polk requests sidebar. #JamesRay #
– Search warrant for JRI executed Oct 14th. Det. Diskin did it himself in cooperation with locals. #JamesRay #
– Pics of the JRI offices admitted into evidence. #JamesRay #
– Det. Diskin did 75 interviews. Other detectives also did many interviews. #JamesRay #
– Hamiltons made themselves available to Diskin on Oct 9th :: but he was too busy and they weren’t witnesses to the scene. #JamesRay #
– Det. Diskin did a PowerPoint presentation of the evidence for Ms. Polk and her staff and the medical examiners. #JamesRay #
– The medical examiners routinely rely on the investigators for input regrading the various extrinsic evidences. #JamesRay #
– The PowerPoint was meant to summarize the facts from various points of view. #JamesRay #
– All three victim “folks” died from heat stroke. #JamesRay #
– Jury dismissed. Recording the legals. Me out. #JamesRay #
>> bleep bloop
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