Testimony Notes – 6 March, 2007

The prosecution is making a frontal attack on the planted blood theory. They have decided not to wait for the defense on this one.

The first witness was Clerk of Circuit Courts Lynn Zigmunt. She testified about the changes in security that took place after she took the position. But, that was a work in progress. She implemented a log system, but that was not followed by all employees originally. She later made the log system required for all. Master keys were available for the office and evidence areas.

The defense showed a video of excerpts of the examination of the unsecured Avery evidence. The most interesting part of this was the Styrofoam vial container. It was in a cardboard container with the opened side facing down so it did not appear opened to a casual observer.

The stopper on the vial had a small hole. It was not apparent how much blood was missing, but a former prosecution witness testified that one milliliter would be sufficient to leave the Avery bloodstains in the Halbach vehicle.

FBI Chemist Marc LeBeau was back on the stand. He again testified that no edta was found in the Avery blood swabs, but edta was found in the vial.

For a while, his behavior for the defense was better that yesterday, but he still engaged in rambling sidetracks. He asked to change his testimony several times. And, he was given the opportunity. Thus, he was allowed to contradict himself.

He ran the same circles in his testimony about the Simpson case. He justified the incomplete compliance of his lab in supplying information to the defense as a decision of the Laboratory attorney.

At one point, he said he performed the test because of the defense request for all results of etda testing. That was contrary to his assertion that the FBI Lab function was to support law enforcement rather than suspects. My eyes went rolling on that one.

Jerome Buting brought out LeBeau’s role in the wrongful conviction of William Sybers. LeBeau had no problem with that activity and claimed that Sybers was still in prison.*

Prosecution asked him whether he knew the outcome of the Sybers case. LeBeau was quick to state that Sybers plead guilty. There were no long winded explanations here; only a small grin.

The defense attempted to get make the point that Sybers agreed to plead and then was set free with time served as sufficient. This is an indication of the inability of the criminal justice system to take responsibility for its wrongdoing. If any juror caught that meaning that could be significant.

But, it would be better if the jury knew the full story, including the condemnation of Lebeau’s testimony by the Florida Appeals Court.

Overall, my initial acceptance of LeBeau as a competent witness was gone by the end of his second day. If jurors caught on to his rambling, his value for the prosecution is nil. If jurors caught on to attempt to claim he did the tests because of the defense, his testimony is down the toilet.

* From the Florida District Court of Appeal, First District on LeBeau’s expert testimony.

“The only testimony offered by the state to establish the general scientific acceptance of the testing procedures came from Dr. Ballard and Mr. LeBeau, each of whom either had a personal stake in the procedure or was prone to potential institutional bias.”

William Sybers was convicted of murdering his wife, a capital crime. The testimony of prosecution witnesses Dr. Ballard and LeBeau was key in the conviction. They claimed tests proved that Sybers murdered his wife. The tests were later determined to be not only untested, but prone to error. Marc LeBeau’s testimony in that case was eerily similar to the testimony he presented today.

Sybers was seventy years old and suffering from bladder cancer when he agreed to the plea deal that left him guilty of manslaughter with time served. He would have prevailed at a second trial had he been stronger.