Judge Perry went too far. He fucked up. The video was impoverished as evidence, but rich for inflaming passions. His own questions to the witness demonstrated as much. And if he thinks “the positioning of the duct tape” is a “highly relevant” issue, when no one can even say whether it was a pre-mortem or post-mortem addition, he’s either stupid or so reflexively pro-prosecution that he doesn’t really think anymore. Either way, with a judge making rulings like this the fundamental fairness of the trial is already too far compromised:
Questioned by Judge Belvin Perry, Warren stated that he could still testify based on his knowledge without the animation but he felt the illustration of the science would be more helpful to the jury. Perry ultimately allowed them to see the video, noting that the positioning of the duct tape was a “highly relevant” issue for the jury to determine.
Defense attorney Baez said the video was “disgusting” and “a fantasy”, which is true enough; the fact that it was admitted as “evidence” is disgraceful. As was the testimony of the celebrity medical examiner (h/t to commenter Alison) that “100% of accidental deaths are reported” and “homicide is the only logical conclusion”, which is in reality an opinion about the “ultimate issue”, beyond her expertise, never allowed into evidence, and by itself as much a cause for a mistrial as if Baez got up and accused the judge of being bought off by the prosecution in front of the jury.
There is no coming back from the taint here. If Judge Perry has any integrity of mind or character left, he will stop this circus now and assign it to someone else who has some capacity to be fair to both sides.
Update: Here is one blogger’s take, Exhibit “A” for this post:
Until today I was against the death penalty. Even though Caylee’s tiny skull was blocked from our view, it did not lessen the impact of the gruesome pictures that were being displayed. I wonder how many people besides me felt like wrapping their hands around Casey’s throat today. I doubt if I was among a minority.