State now addressing possible impeachment statements made yesterday by Savio’s son Tom Peterson. Judge: “Are you impeaching his memory?”
Prosecutors will call no more rebuttal witnesses.
Judge: Closings for Tuesday?
The judge sends for the jury.
The jurors return to the courtroom. Prosecutor Glasgow: “Judge, we have no further witnesses. Respectfully, the People would rest.”
Closing arguments will be Tuesday.
The jurors have now left the courtroom. Judge Burmila is engaged with the attorneys in a sidebar.
Judge Burmila has left the bench. The jury has been sent home, but the attorneys remain. The trial is in a recess.
The judge has returned to the courtroom. The trial is in recess until Friday morning at 10:15 CT/11:15 ET. At that time, the judge and the attorneys will hold a charge conference in open court.
Trial back in session after lunch recess. Court business before jurors return.
Goldberg motioning to keep state pathology expert Mary Case off stand.
Judge allows pathology expert Dr. Case to testify on rebuttal
State calls Dr. Mary Case to the stand. SA Glasgow to examine.
Dr. Case will probably rebut defense expert assertion that she primarily deals with shaken children’s brains.
Dr. Case says that defense expert represented her testimony as being that every loss of consciousness results in injury to the brain, which is not true.
Dr. Mary Case says people don’t sustain Savio’s kind of injuries in bathtub fall.
Dr. Case answers a few questions about diffuse axonal injuries. Glasgow concludes his testimony of the witness.
Atty Goldberg now crossing Dr. Case.
Dr. Case charges the state $350 per hour. Already charged more than $8,000 thru 2011. That’s a govt discount. Usually charges $650/hour.
Dr. Case testified that in order for s/o to sustain a brain injury it would require a fall from more than 15 ft not the 49 inches in the tub.
The witness repeats that she disagrees with Dr. Jentzen’s opinion. “And you know that he vehemently disagrees with your opinion?” “I understand that. We obviously disagree with one another.” The cross-examination of Dr. Case is now concluded.
Under re-direct by SA Glasgow once again, Dr. Case says that it takes roughly two hours to microscopically view signs of axonal injury. She saw no sign of that in this case.
Goldberg on re-cross. The witness says there may be “markers” of DAI on the brain. “I did not ever tell this jury that there would be large collections of blood.” “In all the publications you’ve written, you have not written one word about these kinds of markers?” “Every paper I’ve ever written about DAI talks about thin smears [of blood] . . . I’m not quite sure how else to say it.”
Dr. Case steps down.
Atty Meczyk ends cross by asking Baden if he was a paid expert for OJ Simpson and accused Chicago torture cop John Burge. He was.
Court in lunch recess until 1:15 p.m. CDT.
Defense attorney Meczyk begins cross-examination: “You know I have to ask you some questions. Is that all right with you?”
Meczyk quizzes Dr. Baden about the blood on Savio’s diaphragm and how the other pathologists did not note it in their autopsy reports. He asks if the blood could have been transferred from the organs when diaphragm was placed in a viscera bag. Dr. Baden thinks that would not be likely. Believes that he paid more attention to the diaphragm than the other pathologists did.
Baden agrees he’d expect to see external injuries in area around Savio’s diaphragm. Miraculously, Meczyk says, there are none. “I agree with everything you say, Sir, except for the ‘miraculously.’”
Prosecution objects to Baden questioning — “I don’t understand how this is impeachment.” Meczyk: “I’ll make counsel understand.”
Baden says that the autopsy he performed [on Savio] “had nothing to do with” his consulting job on FOX news.
Meczyk asks about Baden’s assistant at autopsy, Steph Watts. Baden says family asked that a producer for Fox News be present
Baden says he had a contract with Fox to educate people about forensic pathology but did the autopsy pro bono.
Baden tells jury autopsy was videotaped. He is unaware of defense claim FOX assistant tried to sell tape to makers of Girls Gone Wild videos
Greenberg: “It’s a series of interviews on spring break locations . . . they get very drunk women to do embarrassing things.
Greenberg goes on — Fox producer
said call was unrelated to Savio autopsy, but admits Girls Gone Wild owner’s number was on his notes.
Judge says he will admonish jury to ignore defense question about “Girls Gone Wild.”
Defense didn’t like phrase “could have been.” Prosecution to follow-up and ask Baden if he believes Savio’s wounds ARE defensive injuries.
Dr.Baden’s autopsy report on Kathleen Savio.
Baden says Savio’s injuries could have been defensive or non-defensive. “People sometimes scratch themselves.”
Dr. Baden: “In my experience, and in my opinion you can’t get all of those injuries from a single fall.”
Once again, Dr. Baden says the pattern of hemorrhage in the diaphragm area is indicative of injury. That concludes the direct examination of this witness.
Judge on the bench. Some court business before jurors brought in.
Jury all wearing suits today. “Sartorial splendor,” the judge declares.
Prosecutors call forensic pathologist Michael Baden as their first rebuttal witness.
Pathologist, Michael Baden
Defense tries to stipulate Baden is “uncategorically qualified” as an expert. State wants to go thru his resume anyway.
State going through Baden’s extensive background
Dr. Baden is testifying as an expert witness with no objection from the defense.
Baden said he was not paid to do autopsy in 2007. He was paid $5,000 by Glasgow’s office to attend a hearing two years later.
Baden says he disagrees with opinions reached by doctors Jentzen and DiMaio.
Baden says Savio’s injuries were consistent with a struggle. “I disagree with that opinion..the injury pattern..in my opinion could not be caused by a fall.”
Baden disagrees with defense expert who said Savio had a blood pressure condition that made her dizzy. “Interesting speculation,” he says.
Baden disputes defense experts’ claim that mark on Savio’s buttock was a “drying artifact.” “That’s an abrasion… and is not a post-mortem artifact.” he says.
Baden says the pattern of injuries to Savio’s left side had to be from a ‘series of falls’ not just one.
Baden said he disagrees with another opinion that Savio’s hair would have wiped away blood. It would have left distinct pattern, he says.
Dr Baden said injury to Savio’s diaphragm could have been caused “by a very strong bear hug” said her other injuries consistent with struggle.
(Baden’s testimony frequently interrupted by objections/sidebars)
Baden tells jury that injuries on Savio’s hands and wrists “could have been sustained while she was trying to defend herself.”
State’s rebuttal witnesses we can expect today include Dr. Michael Baden and Dr. Mary Case.
At this point prosecution is not planning to call Dr. Blum; although, he’s in the next courtroom testifying in the Vaughn case.
Yesterday the defense called Kathleen Savio’s divorce attorney, Harry Smith and eldest son, Tom Peterson to the stand and the defense rested their case. Today we expect to hear from two rebuttal witnesses for the prosecution.
Stacy St. Clair
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