Continual coverage of the trial of
Prosecutors have rested their case and Judge Edward Burmila said closing arguments will be Tuesday, after the holiday weekend.
Attorneys on Friday will hammer out instructions for the jury before it deliberates.
2 p.m. Prosecutors bring back
Prosecutors re-called forensic pathologist Dr. Mary Case, a specialist in neuropathology, to the stand. They are seeking to rebut a defense witness who testified Kathleen Savio could have suffered a diffuse brain injury that would have left no signs at autopsy.
Case testified that a diffuse axonal injury could not have happened in Savio's case.
"I disagree because we do not see diffuse axonal injury outside of very significant trauma — motor vehicle accidents, falls greater than 15 to 20 feet," she said.
Defense attorney Darryl Goldberg is questioning Case about her fees, which are more than $8,500. Case said she charges $350 an hour to review government cases and $650 an hour in other cases.
As he wrapped up his cross examination, defense attorney Ralph Meczyk tried to tie pathologist Michael Baden to both
Meczyk testified as a defense witness in both cases.
"And Jon Burge was accused of torturing innocent victims," Meczyk said, talking loudly over the repeated objections of prosecutors.
"Mr. Meczyk, stop," Judge Edward Burmila said.
"I have nothing further," Meczyk said.
Baden was excused as a witness and the trial recessed for lunch until 1:15 p.m.
11:30 a.m. Judge inquires about 'Girls Gone Wild'
"At the request of the family, I was doing a private autopsy at the request of the family. The family asked that Steph Watts, who was a producer for Fox, be present," Baden said.
"He does have training as one of the producers for 'Girls Gone Wild?'" Meczyk asked.
"I have no knowledge of that," Baden said.
"You were also aware that Mr. Watts tried to peddle this tape to 'Girls Gone Wild?'" Meczyk said.
"This is the first time I'm hearing that," Baden said. "Obviously that would be totally improper if that were done."
The prosecution then objected, and during a discussion outside the presence of the jury, prosecutors argued that while Watts did have a telephone number for "Girls Gone Wild," there was no evidence he called them to peddle the Savio autopsy tape.
Judge Edward Burmila said he was unclear about what the program was about.
"Earlier in the trial, I admitted my ignorance about what 'chirping' was, and I'm not sure that was a good thing," he said. "Now I think it's a very good thing to expose my ignorance of what 'Girls Gone Wild' is."
The judge's comments prompted a roar of laughter in the courtroom. He later sustained the state's objection.
11 a.m. Other doctors missed diaphragm injuries
On cross examination, forensic
"I did research on the diaphragm. I spend more time on the diaphragm - particularly as they relate to
Baden said he considered the other doctors to be skilled pathologists and he did not think it a "big deal" that they missed the hemorraghing to the diaphragm.
Forensic pathologist Michael Baden countered testimony from defense forensic expert Vincent DiMaio, who said there was no injury to Kathleen Savio's diaphragm.
Baden said there was clear bruising to the right side of Savio's diaphragm and that such hemorrhaging could be caused by a strong blow to the body, "or it could be caused by a bear hug, a very strong bear hug squeezing the body just below the rib cage."
He also disputed DiMaio's opinions that Savio's injuries were caused by a fall, saying the only way the multiple bruises to the front of her body and the cut to the back of her head could be explained by a fall would be if there were multiple falls. He said the injuries were more indicative of a struggle.
Baden said he also disagreed with the defense forensic experts regarding the abrasion on her left buttock. DiMaio and another forensic expert for the state, Jeffrey Jentzen, said the apparent injury was not an abrasion, but was dry skin often seen on deceased individuals.
But Baden said it is clear the outer layer of skin had been scraped away.
9:45 a.m. Rebuttal begins with
Forensic pathologist Michael Baden is the first witness for the state's rebuttal case.
Baden performed a private autopsy for Kathleen Savio's family in November 2007 and concluded at that time that her death was a homicide.