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Thursday, June 21, 2007

More drama

Some trouble may be brewing around the dog handler's testimony. About 15 minutes before our lunch break, the jurors were excused until 2 p.m. The judge needed to hear some arguments concerning Roy McNeil's testimony about his search at the Anderson property with Kiser. According to McNeil (today), Kiser took two rests and alerted three times to some type of decomposition around the base of a tree in the wooded area behind the Anderson farm. Apparently, this was new information to the defense. The judge asked the jurors to leave and without the jurors present, Robert Campbell asked a few questions to confirm McNeil said Kiser took two rests and made three alerts. Campbell then asked McNeil if he's told that information to the DA and Steve Wright (the DA's investigator) before. McNeil said yes he's told them that several times and he saw them take notes on that information. But then when Bellas asked McNeil if McNeil has told anyone with the DA's office that information, McNeil said no. The defense objected because (ready) they said Bellas was shaking his head no as he was asking the question. Now, I couldn't tell if he was shaking his head or not. Bellas tends to use his hands and head when he's talking. The judge said he didn't see anything. McNeil went on to say that he hadn't provided those details to the DA's office before and it was his fault he didn't tell them that. He said those memories came to him as he was watching the video (of Kiser's search) earlier that morning. Wow. It's amazing the things that apparently come to people while on the stand. My question is, which is it Mr. McNeil? Did you tell the DA's office your dog had two rests and made three separate alerts or did you not tell them?! He is so conflicting. He was conflicting last Wednesday when he was on the stand. This guy is qualified as an expert witness. It's not my decision, but I'm looking forward to finding out what is going to happen this afternoon. Both counsels will get to make arguments whether this is new information to both sides - or just the defense. If the prosecution knew the information and didn't share it, they could face discovery violations. We'll find out. I'll be back this afternoon.

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