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Friday, June 22, 2007

And the drama beats on...

All right, I'm back at the office, so let me fill you in. At the end this afternoon, Lisa Dubs expressed her frustrations to the video of the cadaver dog search and Hartley's testimony. Dubs said she was appalled that the video was presented as a valid cadaver dog search and no one ever disclosed the video was a "recreation." See, Hartley testified that she was not there for the beginning of the search that she was called down from the office area at the barn to film the cadaver dog searches. Hartley testified that when she got there Kiser was in the car and McNeil was there at the vehicle. McNeil then got Kiser out and they did another search. Dubs said no wonder he alerted to the tree on the film because he previously alerted to the tree and got a treat. So why wouldn't he alert again? He knows he's getting a treat, Dubs said. Dubs was so upset because she said this was the fourth time this week the prosecution has been "shocked" by its witnesses testimonies: Watson and her story about Jerry sharing a murder story and laughing at Emily's funeral; McNeil's testimony that Kiser alerted three times at the tree; Arant's information that another man told him Jerry said he was going to use Emily's insurance money to pay off bills (before Emily's body was found), and that was not testified to in front of jurors; and finally, Dubs argument that the video is a recreation.
This afternoon, after 5 p.m., the judge asked Hartley to return to the stand. Cayer asked Hartley the circumstances surrounding the video search. She said she was asked to come down there and videotape the dogs. She said the dog had already been down there. She remembered McNeil getting Kiser out of the car and them going back into the wooded area. But she said she would have to review the video to answer further questions that the defense had. Cayer is giving her the weekend to review the tape. He also instructed Hartley not to discuss what just occurred in the courtroom with anyone at the sheriff's office; that's because Hartley was gone during the beginning of Dubs' argument.
What does all this mean? What if the judge says Monday morning the video is a recreation? The jury has seen it twice!! Will this be a mistrial if the video is a recreation? I would say I doubt that because I know all parties want to get this trial over with. But is it fair that McNeil testified his dog alerted three times at a tree, if he was led down there or if he alerted just for a treated?
Is it Monday yet? I'll be back around 11.

1 Comments:

Blogger Bruce Roffey said...

Not a very impressive (conclusive) show from the prosecution.

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June 23, 2007 at 9:27 AM  

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