Why the Delay?

Dear Viewers,

If you follow the Peterson trial (search), you know that the jurors did not sit all of last week. They were expected to sit this week, but were unexpectedly sent home Tuesday until Monday, October 18. This is terrible for taxpayers in California and worse, for justice.

Why the delay (again)? Because the D.A. said he just learned Friday about the defense intention to call a concrete/cement expert as a witness and he is not ready to cross-examine the defense witness. Just learned Friday? How can that be? That is bizarre to all of us who work at "On the Record" because even we have been working on getting a concrete/cement expert for our show for weeks.

We expected this defense expert — so how come the D.A. did not? Why were we so smart? It is simple: The D.A. had a cement/concrete expert, so of course the defense would. It is elementary. The D.A. said he needed more time to prepare for his cross-examination and learning Friday did not give him enough time. I also don't understand this. Having put on his own expert in cement/concrete, the D.A. should already be himself an expert in the field. This is so basic that I don't understand the judge giving the D.A. a week — in other words making the jury wait for another week.

Yes, it is true that the D.A. should present any defense expert reports to the D.A. expert for review, but that could have been done — and should have been done — on Friday, or Saturday, or Sunday and/or Monday, so that on Tuesday the judge did not have the jurors show up only to send them home.

Lawyers need to be more considerate of jurors and judges do, too. These jurors have interrupted their lives, lost money, etc. and at the very least deserve the lawyer and judges to work efficiently and not waste their time. Incidentally, Laci and Connor deserve better.

By the way, it is true the defense could have told the D.A. sooner and may have been playing some games. The law does not require the defense to turn over the witness name and reports until the defense "intends" to call the witness. Defense lawyers often play games with the "intend." I have also heard out here that the defense considered no presentation of a defense until late last week.

As for the show Wednesday night, we are en route to Tempe for the debate. We are on midnight Eastern.

Update: As I waited in line to board my flight to Phoenix, an older gentleman on my flight came up to me and asked if I am Martha Stewart. I said no, "She is in prison." He said "Oh" and walked away. And how is YOUR day?


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