Baez says he sought to comply with the order but that a trial is a dynamic process and he is trying to respond to unexpected issues. The judge said his order was clear and that Baez had willfully violated it.
As punishment, immediately before Eikelenboom began his testimony on Tuesday, Perry gave a special instruction to the jury that certain reports outlining the witness’s testimony had not been delivered prior to a court-imposed deadline and that as a result the jury “may consider this in considering the credibility of the witness.”
Such an instruction is highly unusual, particularly in a death-penalty case. A witness’s credibility usually speaks for itself without any pretestimony demerits assigned by a trial judge seeking to punish a defense attorney.
The punishment did not stop there. The judge also barred Baez from questioning Eikelenboom about the possibility of obtaining DNA profiles from a stain in the trunk of Anthony’s car. Prosecutors have suggested that the stain is from fluid that leaked from Caylee’s decomposing body onto the carpet lining the trunk. FBI tests found no DNA. And the state did not seek to perform more sophisticated tests.
Eikelenboom was expected to say that using the more advanced techniques in his lab, such testing might be possible. That testimony could be important to the defense because it would suggest the state has been less than diligent in using available science to help prove its case. At the same time it would highlight the circumstantial and speculative nature of some of the state’s evidence against Anthony.
Despite that pending issue, Eikelenboom was permitted to testify in general about DNA testing. He told the jury that even though the duct tape found with Caylee’s remains was severely weathered, with his techniques “you could expect to still find DNA.”