Trial Transcripts excerpts
THEY NEVER TESTED THE HAIR THEY FOUND IN THE DIAPER BECAUSE IT DID NOT MATCH JAY STARK COUNTY CRIME LAB TESTIMONY
TRIAL EXCERPTS:
AND WHAT WAS YOUR FINDING UPON EXAMINING THAT DIAPER?
IT APPEARED TO BE EXTENSIVELY URINE AND FECAL STAINED. HOWEVER, NO BLOOD OR SEMEN WAS DETECTED.
WAS THERE ANY OTHER TRACE EVIDENCE FOUND ON THAT DIAPER?
YES; ONE BROWN, HUMAN HEAD HAIR APPROXIMATELY 5 INCHES IN LENGTH.
FIVE INCHES BEING SOMEWHERE IN THERE?
YES . CONSISTENT WITH A FOUR-MONTH-OLD CHILD?
NOT GENERALLY,..NO. DID YOU DO ANY TESTING ON THAT HAIR?
NO, I DID NOT.
ALL OF THE CLOTHING THAT YOU TESTED THAT WAS BROUGHT TO YOU FROM THE CRIME LAB, WAS THERE BLOOD FOUND ON ANY OF THE CLOTHING?
NO .
WAS THERE ANY SEMEN, SPERM OR ANY OTHER TYPE OF BODILY FLUID OTHER THAN I BELIEVE YOU INDICATED URINE AND EXCREMENT ON THE DIAPER?
THERE WAS NO BLOOD OR SEMEN ON ANY OF THE CLOTHING
Dr. Bertin a urologist who was called in by Dr. Murthys office is not a pathologist . He performed his part of the autopsy incorrect. Dr. Werner Spitz states that the injury was caused by the instrument that Dr. Bertin used to examine Jaydee. Dr. Bertin was suppose to excise the part of the body he needed to examine instead he inserted a instrument not being able to see the damage he caused because he did not have enough experience doing a autopsy examine. Dr. Murthy states that he does not know anything about this nature of a examine so he brings in Dr. Bertin. So then Dr. Murthy makes his decision of the cause of death based on Dr. Bertins incorrectly preformed autopsy findings. Dr. Bertin answers that Dr. Murthy was not present while he was doing his examine, Dr. Murthy was asked if he was present while Dr. Bertin was doing this examine, he said yes he was. One of them seems to be mistaken.
(Testimony by Dr. Werner Spitz) Volume 11 page 90 starting at line A. No, it is totally unusual because you don't usually use an -- you don't insert an object into a cavity without seeing what the cavity is exposed to by that object. (Testimony by Dr. Kohler) Volume 11 page 171 starting at line 8 Q. Have you ever used a speculum in an examination of a deceased child? A. No. I do not routinely use a speculum. ( Testimony by Dr. Murthy )Volume 9 page 196 starting at line 5 A. As you know, we are pathologists, we examine tissue after death and as a hospital pathologist , so we don't have any experience in looking at the traumatic injury to the vulva and the vagina of little girls. Volume 9 page 152 starting at line 22 Q. Were you present when he did his examination? A. Yes.
Dr. Werner Spitz a FORENSIC pathologist with 55 years of experience and 60,000 autopsies performed testified for the defense. He stated that Jaydee died from Sids or a obstrution of the airway. He also stated that he did not see a injury to the vaginal area.
Dr. Werner Spitz testimony volume 11 page 56 starting at line 8 A. The bubbles indicate that there was life because if there was no life, there is no intermixing of the protein with the air like in the bottle. line 20 Q. So a child that may have a tendency to throw up after eating-- A. Well, if a child that had a tendency of throwing up, so it threw up and inhaled some of the food and it brought it up and down and made it into a foamy material. Q. And that would then be expelled from the body? A. That's what you're looking at. You see it on my pictures, you see it like a million dollars.
Jaydee was having trouble holding down her formula, she was vomiting after every feeding. My daughter in-law reported the vomiting to Jaydee's doctor but they did not take it serious, they told her to cut back on Jaydee's formula.
Diana Biggs testimony- Volume 7 page 171-172 starting at line 25 A. um, she had projectile vomit, she would spit up alot. Most of her formula. Ah, and that was almost every feeding. That she would do that. Q. Did you talk to the doctor about that? A. Yeah. Q. And what , did she suggest anything? A. They, Ah, less formula, trying putting a little more water in. Um, they tried to give me extra iron drops, because they thought maybe it was some kind of iron deficiency. Q. Okay. Did that help? A. No. Q. She still threw up projectile vomit pretty much every time she ate? A. Um-hum. vol.7 page 173 starting at line 22 Q. Do you recall doing your homework on the computer and propping her on the couch with the bottle? A. Yeah. Page 173 starting at line 1 Q. Propped against? Was that something that was unusual way for you to feed her? A. No. page 173 line 15 Q. She was able to lift her arms and somewhat grab? A. Yeah
Joetta Collins testimony- Volume 7 page 247 starting at line 23
Q. Okay. Was there anything about her feeding that you found unusual? A. She spit up alot. page 248 starting at line 1 Q. Okay. When you say, "spit up a lot" I take it -- how many kids of your own do you have? A. Three. Q. Okay. Kids tend to sometimes spit up after they eat? A. Yes. Okay. Would you say that Jaydee's, When, the times that you fed her, was she-- would she spit up more often than a normal kid? A. More often. Q. Was it a problem you were aware of? A. Yes. Q. What, what was your daughter concerned about or what was you concerned about? A. Ah, she couldn't keep her formula down and, depended on the formula she was taking.
page 259 starting at line 7 Q. Did you notice anything about her when you looked at her? A. Um, yeah looked like she had like spit up on her cheek, like formula.
Page 267 starting at line 6 Q. Now, you said that, ah, Jaydee was having a problem keeping her formula down? A. Yes Q. And that she would spit up more than? A. Normal. Q. For example, your kids would? A. Normal. Yes. Q. And in order to rectify that problem, she had changed forumals, but you're not sure that that really solved the problem? A. Right. Q. she kept spitting up more than you thought was normal? A. Right.
Carole Biggs testimony Volume 10 page 117 starting at line 1 The court: Ms. biggs, did you ever give Jaydee her bottle? the witness: Yes. The Court: If so, did she spit up a lot? The witness: Yes, she did have a problem with spitting up a bit.
Jeremy Biggs testimony Volume 10 page 123 starting at line 6 A, she was a little bit colicky. line 14 Q. so you mean that she would cry more-- let's talk about Jaydee a moment. A. Yes. Q. she would cry more than you were used to at that point in time anyhow? A. yes.
Dr. Werner Spitz testimony volume 11 page 56 starting at line 8 A. The bubbles indicate that there was life because if there was no life, there is no intermixing of the protein with the air like in the bottle. line 20 Q. So a child that may have a tendency to throw up after eating-- A. Well, if a child that had a tendency of throwing up, so it threw up and inhaled some of the food and it brought it up and down and made it into a foamy material. Q. And that would then be expelled from the body? A. That's what you're looking at. You see it on my pictures, you see it like a million dollars.
Amber's testimony
Q. There were occasions when you would put Jaydee to bed, correct? A. Yes.
Transcript of Voir Dire Volume 1 page 252 starting at line 10
The court: ..... what would you like to bring to my attention ? Juror No. 551: I just want you to be aware of the fact I am elementary school principal.obviously children are my business. I also think someone needs to know that I have reported one of the witnesses, Doctor Bertin. I have reported him to children's services numerous times for abuse and neglect of his own children. I think it might be uncomfortable for him and me as well to serve on a jury if he were testifying.
The court: well, the question which I have for you is in light of whatyou just stated, as you would be listening to his testimony, would you be able to be fair and impartial? Juror 551: I have a very hard time because Children's services turned their head because he is a physician and they said because he is a physician they are hands off and they are really not going to do anything about it. So I really have a hard time believing anything he would say.
Transcript of Vior Dire Volume 2 page 449
Juror No. 868: I believe I would be qualified to be a juror, but unfortunately I am acquainted with the grandmother of the victim through some close friends. I don't know her personally, but friends have dicussed the case and the background information on the defendant and things like that which, you know, I could do it, but I am not the best choice. I wouldn't be the best choice.
The court: .......... Do you feel that you would be able to be fair and impartial?
Juror No. 868: No
page 627
The court: He is also a police officer. Ms. Madden: Uh-huh.
Juror No. 655:............ Yeah. Two investigating officers from Massillon are friends of mine. That's all. The court: Yes, sir. I think you had circled on your prepublicity Detective Grizzard and also Detective--- Juror No. 655: Mizeres The court: Mizeres. You are a friend of theirs, right? Juror No. 655: Yes, sir. The Court: Is there anything about that friendship that would make it difficult or impossible for you to be fair and impartial? Juror 655: The only thing that came to mind was if the defense would try to impeach their credibility that I would have a hard time buying it. Mrs. Johnson You are saying that if one of these individuals was on the witness stand and we were to impeach them on their honesty that you would automatically not believe that evidence, right? Juror No. 655: I would be inclined to not believe it. However, if you were to convince me that their credibility was in question, I would have to weigh that fact. Ms. Johnson: and I would have to do more convincing with you because you know them? Juror No. 655: Probably, yes.
Joettas testimony
Then after direct examination, this is the side bar between Jay's lawyer Attorney Johnson and the States lawyer Mr. Scarsella and the court
THE COURT: Thank you. Attorney Johnson.
MS. JOHNSON: Basically, the second paragraph, where she says that she found the baby without the diaper on and she had Diana call and question Jay about it . Her testimony was that he was - there and she questione-d him - a-bout--it-.— ,
MR. SCARSELLA: That would be an inconsistency. I was surprised by the testimony, myself
THE COURT: Very well. You may use it.
Cross examination about Joetta's inconsistency by Jay's lawyer. .
BY MS. JOHNSON: Q. Ma'am, would you be fair to say that your memory shortly after June 5, a few days after June 5 was probably better than it was today?
A. Oh, well, yeah, most certainly.
Q. Okay. Do you remember talking to BobbyGrizzard?
A. Yes .
Q. And do you remember telling him, for lack of a better term, about the diaper incident A. Yes.
Q. Okay. And do you remember telling him that you had gone over to Diana's house, and went to check, check on the kids and you found the baby without a diaper?
A. Yes.
Q. Okay. And that it was folded and placed at the foot of the bassinet?
A. Right.
Q. Do you remember telling him that, do you remember telling him that at that point you went downstairs and Diana called Jay?
A. No .
Q. Okay. So his report is wrong? Is what you're telling me?
A. He, Jay was sitting down there when I came down that day. He was sitting on the couch with Diana.
Q. Sorry for interrupting. You're saying that that's what occurred?
A. Yes.
Q. Okay. Is the police officer's report that you said that Diana called and questioned Jay --
A. He might have misunderstood what I said. Or might have .been talking about some other time .
Q. Okay.
A. That she had called or he had called her.
Q. That particular day, the day that you said you saw the baby without a diaper, that was in the afternoon, right
A Yes.
Q. And that, you had gone to check on them after they were put down for their naps?
Yes.
Q. Correct? Ma'am, you said that this diaper was folded. Right?
A. Yes.
Q. Okay. Now -- I mean, you know how diapers come out of the box?
A. Yeah.
Q. When you pull them?
A. They are kind of^rectangles.
Q. Pre-folded, if you will?
A. Yes.
Q. Is that what it was like?
A. No .
Q. Okay. Could you describe for me a little bit more what you mean, what you mean by folded?
A. Okay. Urn, like you would take a diaper off .
Q. Urn-hum.
A. And the tabs, you know, it's like a triangle.
Q. Um-hum.
A. That's what that was. It wasn't like pre-folded, like they took it like it was a fresh diaper.
Q. Okay.
A. It had been on her.
Q. Okay.
A. And taken off. And it wasn't dirty or wet
Q. It wasn't soiled in any fashion?
A. No .
Q. But the tabs weren't taped closed?
A. No .
Q. Okay. Okay. But Jaydee's sleeper was on?
A. Yes.
MS. JOHNSON: I have no further questions of this witness at this time.
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