The prosecution trifecta does not like to look bad, and it was clear that the testimony of Dr. Nancy Fajman Tuesday was a blow to the "theories" that Arnt, Gregor, and, let's be honest, Brian House, have been delivering. Not that these people are interested in facts, truth, or anything like that.
Nonetheless, their egos were bruised because they came face to face with a real expert witness and they didn't like it. Unfortunately for them, the defense has two more expert witnesses upcoming, and here is where the dishonesty will begin.
Arnt and Gregor argued Tuesday that because they had chosen not to depose Dr. Fajman, and because she had not given them a summary report, she should be disqualified. That's right, the same people who want us to believe that Suzi Thorne is a "forensic investigator" and an "expert" in interviewing young children also want us to believe that Dr. Fajman is not qualified to testify in a courtroom.
Well, they were burned, and so Dr. Demosthenes Lorandos has made sure that the upcoming expert witnesses prepare summaries to give to the prosecution so they won't make any objection to their appearance. Now, the witnesses are some of the best-known experts in their fields, so their qualifications certainly merit their appearance.
However, I predict that the prosecution nonetheless will try to have them disqualified, and House most likely will rule in their favor. Now, I HOPE that is not the case, as while I believe the jury pretty much is rigged, nonetheless I would like to see at least a pretense of Tonya Craft being able to defend herself in a court of law.
What makes me the angriest, and the reason that I am posting as I do has been that House has not even tried to pretend he wants Ms. Craft to have a fair trial. Look at the questioning he allows, the bullying by Facebook and The Man, and the personal attacks and character assassination that they are presenting instead of what this case needs: cold, hard facts.
I need to say one more thing. House, Gregor, and Arnt believe that if they can rig a conviction, then their troubles will be over. They will have WON a big victory.
However, I will say with utmost certainty that what is going to happen is that as the media, and especially national figures, examine what happened, and people look at the trial record, the outright tag-teaming between House and the prosecution, the fabrications, and everything else that has been abominable, these three men are going to find their lives under the kind of scrutiny they did not think possible. And my posts and comments will be the least of their problems.
You see, a guy like me is small potatoes, just someone with a laptop who kind of knows how to connect to the Internet. However, the people who will scrutinize their actions are going to be people who can change their lives for the worst. I don't think that will happen; I know it will happen.
Thursday, April 29, 2010
What Will Be the Next Outrage From House and the Prosecution?
Posted by William L. Anderson at 12:01 AM
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I follow my share of trials and I have never heard of a judge not allowing the defense to use expert witnesses, especially people with credentials. If an expert seems to have doubtful qualifications (unlike these), a judge could rule that the validity of the expert will be determined on cross-examination.
Although it was a civil trial, this is what happened with a witness (Robert Groden) called by O.J. Simpson's defense in the wrongful death suit brought by Ron Goldman's family against Simpson. As it happpened, the lawyer for the Goldmans slaughtered the witness on cross-examination.
I think Gregor and Arndt hope it won't matter too much if a guilty verdict is overturned. They will say, "Well a jury voted guilty."
We've had character witnesses and an expert on the physical evidence, so I've anticipated a psychologist to explain what all the children endured in interviews and a specialist in these types of investigations. Just my guess...
Next would be rebuttal witnesses from the state, and they've not done well yet in cross exams.
I should have said ...ABSENCE "of the physical evidence"
Are these experts paid for their testimony?
I,too, have been seen first hand the injustice of the Catoosa County Court System. The same lawyers that bitterly go head to head in court are all attending cookouts at the judges house on week-ends; laughing at and comparing notes of the clients they are defending and opposing. My desire was to hire an attorney outside of the "good ole boy" judicial system, but was warned, more that once, that "The judge doesn't take too kindly to outside representation in his courtroom!"
Never in my life would I have believed that the very system that is set in place to protect and uphold the law would be the very same system that would be "judge, jury, and executioner" before the trial ever began. Tonya doesn't have a hope or prayer against these corrupt and evil men. House, Arnt and Gregor call themselves Christians...well boys, I have news for you...Going to church doesn't make you a Christian any more than standing in your garage makes you a car. Actions speak louder than words...and we are hearing you three loud and clear.
Unless the Today show sparks interest by other national shows at a better broadcast time - like primetime, I'm not very hopeful it will help this case. The fact that they are using the local legal analyst whose reporting is already weak and prosecution neutral does not seem promising.
I am optimistic however that at least one person on the jury will see this as the b.s. it is. Working out = Narcissism = child molester? Come on, is that the best they can come up with? I'm just a person watching from the other side of the country, unknown to any party involved or anyone in all of GA actually - and without the benefit of hearing all the testimony and arguments presented am able to see this case for the railroading it is just by the snippets posted on twitter. At least one juror has got to see it too.
Something I have been wondering about is if Tonya walks free, will she be able to get custody of her children back. How will she be able to address the confusion and damage done to her children by the brainwashing. What happens in such cases -do they take them to therapy and tell them, 'forget everything you heard in your last therapy sessions and what was said by those people you trusted, now here is the new reality'? They must have done a real number on the daughter to turn a young girl away from her mother - that has got to be a monumental task, even where abuse has occurred (which is not the case here.)
"Are these experts paid for their testimony?"
Most are, on both sides, as they do have to earn a living. The estimated cost for Dr. Nancy Fajman was $2,700, paid to Emory she said ($250/hr).
To answer the 12:55
Experts are not paid for their testimony, they are paid for their time and travel. I do some expert witness work for an attorney, and he does not say: "If you give the testimony I want, I will pay you."
Now, my pay is $150 and hour, but I am an economist, not a physician.
For example, an expert witness in a civil case (the kind I do) cannot get a portion of a settlement or a judgment. That alone would guarantee tainted testimony.
Furthermore, in the case of Dr. Nancy Fajman, she had not told the Tonya Craft defense team what her opinion was going to be. In fact, that was not the reason the attorneys had not given the prosecution any kind of summary. Dr. Lorandos himself did not what know Dr. Fajman was going to say.
Notice that Arnt treated Dr. Fajman with some respect because he knew she easily could make a fool out of him. Unfortunately, I believe the jury will ignore what she said, but that is my opinion and not based upon any knowledge I have of the jury or what they will do.
Here is another thing to keep in mind: the fee is set by Emory University, not Dr. Fajman.
Whether paid or not an expert is still an expert. You can't pay a professional of Ms Fajman's caliber to lie and twist the truth. She is bound by the ethics that the Prosecution (I don't even say and the judge anymore..one in the same) has trampled over. I am so proud to have found Bill's blog. He is the real man in all of this! "its fun to walk the path until you have blazed the trails" keep up the awsomness! To Harmony I am know following you on twitter. I love how your not afraid to speak your mind.
The prosecution and the judge must have attended acting classes as well. Yesterday they were actually polite to defense witness'. I saw Judge House smile at one of Tonya's attorneys[I almost fell out of my seat].Do you think it has anything to do with the Today show in town?!!!
To address the custody issue. Even if Tonya is acquitted of all charges, getting custody back is going to be a long hard road. There will have to be a custody hearing, The courts will then determine what is in the best interest of the children. The fact that her daughter has been alienated from Ms. Craft for over two years will play a factor in that. Not to mention that the child is now afraid of her mother, because of what Daddy has told her about Tonya being this monster. There will be many psychologists involved, and the re-unification process will be very slow. Probably starting with supervised visits, and progressing to single overnight stays, and then weekend visits. Realistically, She may not regain custody until her daughter is 14 if ever. That is why the outrage is so much about the way the court denied her any contact with the little girl. The court system really has done a number on Tonya, and it is truly sad.
Hey the blog made the today show ... woot!
Kathy- Thank you I am following you too!! Kinda makes you feel like a stalker doesn't it?? JK. Bill the blog is awsome and I am officially addicted. Tonya has got a lot ahead of her for sure, but according to one of my favorite sesame street songs "there ain't no road to long". I hope she'll get her daughter back before she is 14, God only knows what those people will have done to her by then.
I am not so sure that Tonya's daughter is that afraid of her. I agree that it will take way to long for her to get these children back though. I was told at age 7 that my mother just left me on my dad's door steps. That she didn't love me anymore. That was not the truth. My mom had cancer and was dying instead of wanting me to see her wither away she sucked up her pride and ask my Dad to raise me. She didn't want me to have the burden in my mind that I was going to lose my mom. Now I know you can look at this 2 ways. I thought for a long time that she was being selfish for not letting me have that time with her. Now that I am a mom myself I can't imagine what a true hero she was. My father kept this from me until my grandmother who is his mom told me the truth when I was 13. I am no doctor but I do believe her children need to be told the truth especially the son. He is old enough to know what is going on.
I'm wondering a couple of things. First, I saw it reported that Tonya has a son from her first marriage. He should be in his teens by now. If Tonya is a bisexual child molestor as the prosecution claims, wouldn't she have targeted her son as well? Was he interviewed? Second, it has been mentioned in passing several times that Tonya reported the step-mother of inappropriate behavior but she was cleared. Then, in court, she admitted doing some things that are highly inappropriate. Who handled that investigation, and why was it not re-opened when it became known what she really did? Thirdly, it has been reported that the defense is arguing that part of the reason for the first accuser's mother's motivations here is revenge for Tonya's relationship with her husband sauring. The question I have is, unless the husband is her brother, what the hell does she care? Wasn't the lady HER friend? If she was Tonya's friend, unless the husband was her brother or relative, she should be on Tonya's side. From all accounts, when they split, the mother said she hated Tonya for what she did. If they are related, you would have even more reason to suspect a conspiracy. So, one way or another things just don't make sense here.
Also, I know first hand how a chld can be turned against a loving parent. One of my best friends has a son who won't have anything to do with him, despite the fact that my friend is still working to pay off the student loan payments his son stuck him with. I hope and pray that some day my friend's son will try to make amends. But, can you imagine this little girl, how she may feel in ten or so years when/if she realizes she accused her own mother of something that it is very likely she didn't do? If she has any conscience, imagine how much it would hurt her to know that she put her own mother through such hell.
Just an innocent question here...
Is this the area that was the setting for "Deliverance"?
From what I am reading as I follow BA's excellent blog, it would not surprise me one bit to find that the "pole dancer's" parents are the instigating perps in this case of the "system" being run amuck by an inbred judiciary.
BTW, in one of the other blog entry comments I saw someone - the prosecution? - excoriating BA as a "perennial troublemaker" or something to that effect.
As someone who followed both the Wenatchee and the Duke cases - the former in the WSJ, the latter on the internet - I can say unequivocally that a citizen watchdog like Bill Anderson is EXACTLY the kind of disinfectant that "the system" needs.
It is my sincere hope that these hayseeds are severely castigated and "Nifonged" for polluting Justice.
DAY CARE SEXUAL ABUSE HYSTERIA
So did they throw out Dr. Fajman's testimony out? I was in the courtroom yesterday and it is unbelieveable. House, Gregor, and Arnt smirking at each other, laughing during Defense questioning witnesses, it was hard to watch. Not to mention how rude and arrogant they act towards the witnesses. This case just keeps getting more and more ridiculous. Thanks for all you're doing, Mr. Anderson! Truth for Tonya!!
**Ignore the extra "out" in that first sentence. :)
No this is not where the movie Deliverence was made!!!
Per anon 9:05 AM, no, Deliverance was not filmed in the Chickamauga or Catoosa areas although any of the members of the persecution-yes, PERsecution NOT PROsecution-team could have ably portrayed the big headed banjo playing boy or any member of his family.
"Deliverance was shot in the Tallulah Gorge south of Clayton, Georgia and on the Chattooga River, dividing the states of Georgia and South Carolina. Additional scenes were shot as well in Salem, South Carolina, and Sylva, North Carolina. A scene was also shot at the Mount Carmel Baptist Church cemetery, which now lies 300 feet under the surface of Lake Jocassee, South Carolina."
I was in courtroom this afternoon. When Joey Walker was on the stand there was something that the defense asked Joey & House's eyes statred darting back and forth quickly between th defense attorney asking the questions & the prosecution. It made me sick! House didn't even try to hide the fact that he was cueing the proscution to object.
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