Perhaps if he “strikes” and “precludes” enough there won’t be any evidence at all before the jury except the prosecution’s.
Now he is telling defense witnesses what they can and cannot say. And here is the apparent rule being applied: if it’s favorable to the prosecution or neutral, you can say it; if it undermines the prosecution’s case or challenges their credibility, you can’t say it.
Perry decided not to allow Eikelenboom to testify at this time about the possibility of testing decomposition fluid from the trunk of Casey Anthony’s car for DNA.
He may later allow that testimony; however, after a special hearing is conducted regarding the admissibility of Eikelenboom’s scientific methods.
The “special hearing” is a “Frye” hearing. In theory, the Frye test is to gauge the reliability of expert testimony before it is admitted into evidence. In practice, just as here, it is a mechanism for a judge to disingenuously favor one side over the other while appearing to be neutral. Some of the prosecution’s evidence, even though it has never been used in a courtroom before, was not subject to “preclusion” after a “Frye” hearing. But the defense’s evidence will be.
The hearing will be conducted and the judge will effectively preclude the testimony he wants to preclude. He will permit some other testimony that is not important so that he can appear to be “fair”.
Meanwhile there’s this:
Meanwhile, the expert witness is being permitted to talk about other findings right now. But Perry read special instructions stating that his report was not provided to the state until Saturday and that matter may be considered in evaluating the credibility of the witness.
The judge is trying to discredit the defense’s witnesses in the mind of the jury, pure and simple. Even if there was some sort of “discovery” violation by defense counsel, that has nothing to do with the witness’s credibility, and it’s completely over the top, outrageous, partisan and a flagrant abuse of his position. If they have a judicial conduct commission in Florida, it is Perry who should be hauled up, not Baez.
Not that that’s the way this will turn out, of course.