Tuesday, May 03, 2011

The Edgar Steele Trial, Day Six: Judge Lynn Winmill Disallows Remote Testimony By Audio Expert George Papcun, Will Review Larry Fairfax's Notes

Day Six of the Edgar Steele trial proved to be short; on May 3rd, 2011, the jury was sent home for the day early after Judge B. Lynn Winmill disallowed a request by the defense to let audio expert George Papcun give testimony remotely from his present location in Bora Bora. Judge Winmill is also reviewing Larry Fairfax's handwritten notes to determine if Steele's defense team are entitled to the material.

Discussion continues on FreeEdgarSteele.com, the Vanguard News Network Forum, and Stormfront.

Media Story References:

-- "Defense expert to refute Steele recording", Spokane Spokesman-Review, May 2nd 2011
-- "Judge reviewing Fairfax’s jail writings", Spokane Spokesman-Review, May 3rd 2011
-- "Expert may not testify; Steele still could", Spokane Spokesman-Review, May 3rd 2011

Summary: Judge Winmill ruled that audio expert George Papcun could not deliver testimony remotely from Bora Bora, where he is currently vacationing, although the judge did say there's a chance Papcun could fly to Boise overnight and testify on May 4th. Edgar Steele's defense team failed to subpoena Papcun, but had still requested a two-day extension to give them time to get Papcun to Boise. If Papcun testifies, prosecutors will present rebuttal witnesses.

Update: According to Cyndi Steele, Papcun would have needed to be in the courtroom by 8:30 A.M. on May 4th to be allowed to testify. Flying him in commercially would have resulted in an arrival by 4:20 P.M. They examined the possibility of flying Papcun in by private jet at a cost of $120,000, but the window of opportunity quickly closed. So Papcun will not be testifying.

On April 21st, Judge Winmill had ruled that neither of the two audio experts, George Papcun and Dennis Walsh, would be allowed to testify at the trial primarily because he questioned the sufficiency of their background and experience. However, the door to Papcun's testimony was re-opened on May 2nd by testimony from both Cyndi Steele and, in particular, Kelsey Steele; Kelsey Steele testified that on the recording of her father discussing a plot to kill her mother, she recognized her father's voice on parts of the recording but not on others; the speech patterns varied.

The defense is contending that the audio tapes have been altered to prejudice the case against Steele; George Papcun, who holds a PhD in acoustic phonetics and whose resume shows work on the Jon Benet Ramsey trial, work on recordings for Paula Abdul and work for the Associated Press on the O.J. Simpson trial, examined the recordings and found unexplained anomalies that could have been triggered by editing, or by other factors including electronic glitches, and noted that they were of poor quality. Some have claimed there are as many as 351 different anomalies.

Judge Winmill is also reviewing Larry Fairfax's handwritten notes to determine if defense lawyers in Edgar Steele's murder-for-hire case are entitled to the material. This became an issue when he ordered prosecutors to obtain the 238 pages of notes last week. Prosecutors had objected to Winmill's request, saying they are not evidence under federal case law. But because Winmill forced prosecutors to obtain the notes, Steele's lawyer, Robert McAllister, argued they needed to be provided to the defense. Fairfax's lawyer, John Miller, also objected to the defense request, noting that no one has been subpoenaed for the material, defense lawyer Robert McAllister said he didn't subpoena the notes before trial because he didn't know they existed until Fairfax referenced them in cross examination last week.

Yet to be determined is if Edgar Steele himself will testify. If neither Papcun nor Steele testify, the defense could rest and the case turned over to the jury as early as May 4th. Judge Winmill's goal is to give the case to the jury by the close of business on May 5th.

Analysis: The best-case scenario is if Fairfax's notes are made available to the defense, Papcun tesifies, and, if capable of doing so credibly, Edgar Steele himself testifies. If all three of these conditions are met, the chances of an acquittal on the three most serious charges are good.

While Edgar Steele's health may be an issue, his testimony would be essential. If he fails to testify in his own defense after his wife, Cyndi, testified so fervently and faithfully on his behalf, there's a risk the jury might perceive him as hiding behind his wife's skirts. With 11 women on the primary jury, that could be fatal to Edgar Steele's cause. But Steele must testify coherently; he can't just get up there and start aimlessly rambling about "ZOG".

1 comment:

Anonymous said...

We can't deny that it's frightening to see the FBI and a federal judge blatantly set a man up to be found guilty for a make-believe crime.