Court TV Host: Lisa Sweetingham is here...or actually, she's in Martinez, California...

Court TV Host: and she's joining us now to discuss the Susan Polk trial, which she's been reporting...

Lisa Sweetingham: It seems like this trial began quite some time ago, and yet we're still on the first witness, Gabriel Polk. If you've been following the case, then you'll know that the judge ordered Susan Polk to stay to finish her questioning of her son Gabriel by the end of court tomorrow, a request that Polk characterized as "grounds for judicial misconduct." It was quite an interesting day, be sure. To check my update on the web...

Question from kipswife: Lisa, how was the afternoon session with just the lawyers ....where you able to sit in on it?

Lisa Sweetingham: Hi, I wish I could have sat in on that, but the deputies informed us that it was only going to be the parties. I should explain: the prosecutor asked on Friday for Susan to hand over discovery files and the judge gave the defense and the prosecutor the use of the courtroom this afternoon to share discovery and make sure the prosecutor got the files he was asking for. I wasn't in court on Friday, but from what I hear, Susan Polk felt that it was undue burden on her because she had organized her notes very meticulously with yellow sticky notes that would have to be removed in order for them to be copied. She also said that she had given the DA the opportunity in the past, and that he passed it up. But the judge reminded her that discovery was not a "shut door." And she ordered them to handle it in her courtroom this afternoon, while the jury got the afternoon off, because of a panelist's previously scheduled appointment.

Question from Massviewer: Why isn't the DA insisting that there is an attorney at the defense table? Surely he wants a smooth trial.

Lisa Sweetingham: Well, it's Ms. Polk's right to defend herself, and the judge granted her pro per status after the first trial ended in a mistrial and Polk decided to represent herself. The prosecutor suggested today, outside the presence of the jury, that the judge ought to consider revoking Polk's status, if Polk continued to engage in lengthy questioning, which he characterized as a "filibuster." But it's the judge's discretion whether or not to revoke her pro per status and assign her an attorney. Remember, Susan Polk has fired four attorneys, and has wanted to take over her own defense for some time.

Question from lauren: How has her son's demeanor been on the stand, being questioned by his mother?

Lisa Sweetingham: Good question, Lauren, it's one I think about every day. In the beginning, Gabriel Polk was very calm, stoic, emotionless. He has looked his mother directly in the eye, and said to her "I think you're delusional." Yet, today, he appeared to be losing his composure slightly. There were times when he looked away, as she was crying and the jury was looking at pictures of Susan as a young girl. He seemed to be getting impatient with her. He giggled at some of the questions about whether or not he cared about the family dog. There is a distant far-off look in his eyes when he listens to her questions, as if, he had distanced himself from her, body and soul, and yet, at other times he looks at her with hard stares, as if in defiance.

Question from Demented: In representing herself what resources does Susan Polk have to make "discoveries" the prosecution doesn't have already?

Lisa Sweetingham: Well, obviously she is at a major disadvantage; for instance, a seasoned defense attorney would likely employ a private investigator to help dig up information and gather evidence. Susan Polk does not, to my knowledge, have a PI on her side. She does have Valerie Harris, a non-lawyer, who is her case manager. But Valerie can only do so much A lot of the evidence Polk brings with her to court -- beyond the police reports, and transcripts of interviews, which the DA has as well -- include things like photographs, family heirlooms, and other personal items that she uses to try to put her son's comments into context. For instance, she showed Gabriel a child's book in which one of his brothers made a note inside about his parents talking about getting a divorce. She also has evidence/resources that her prior attorney Daniel Horowitz used, or was planning to use, for instance, a tape of her husband giving a speech about the alleged ritualistic satanic abuse he believed his sons had undergone.

Question from Cosmo: WHICH son was arrested and has he testified yet?

Lisa Sweetingham: Hi Cosmo. Susan's middle son, Eli, 20, was arrested last week on suspicion of both violating a restraining order that his former girlfriend had against him, and on suspicion of violating his probation in a case from last year in which he was convicted of evading a peace officer. He received three years probation in that case. Eli has not testified yet. He is the only child to stand by his mother, and he will be called when Susan Polk begins her case. I should note that he denies the accusations by his former girlfriend that he assaulted her, and that case is ongoing. He was denied bail last week, and is in custody. He may have to testify for his mother while in custody, which means he would be transported from jail to her trial for those days, if his case, or bail, is not resolved by the time she calls him to the stand. The prosecutor said he had hoped to finish his case by this Friday, but I tend to think that is unlikely. We are still on his first witness, Gabriel.

Question from streetskater: Lisa, I get a sense that Susan is beginning to self-destruct somewhat -- after a surprisingly good voir dire. Do you know if she has a better shot at ineffective assistance of counsel on appeal after defending herself?

Lisa Sweetingham: What an interesting question. I'm not an attorney, she says to assuage a potentially ignorant response, yet I tend to believe that that would be the last thing Polk might do -- simply because she would then, if I understand your question correctly -- have to admit ineffectiveness on her own part? Ms. Polk it appears to me, is a strong self-advocator. She doesn't give up a fight, a motion, a pissing match and if one were to ask who has been her best attorney yet, I'm pretty sure she would say that she has been her most effective counsel. It is the judge and the prosecutor, with whom she places blame for anything that could go awry in her case. Having said that, I also think that she would take issue with your observation that she seems to have self-destructed. Not that I don't get your point, she has truly carried the cross-examination on in what even the judge called an excessive and "bordering on abusive" manner, against her own son. But, no, in short, I don't think she'd make that case. But it is an interesting proposition

Court TV Host: Nevertheless, many of you have expressed versions of these sentiments...

Question from Massviewer: Lisa, can the jury go on strike? Susan seems to be making a farce of this, and the judge can't do anything about it. I'd walk out if I was a juror.

Question from ricardo: This case will never go to the jury and is doomed for mistrial. Is their a pool going on around the courthouse?

Question from Rosa: How long does the court have to put up with her "defending" herself? It seems like the citizens of California and the court as well as the jury would really resent her abuse of the whole system.

Lisa Sweetingham: Ahh, I cant speak for Susan Polk's jury, but it would appear that the jury of public opinion, or -- at least -- of the chat room denizens, has found her guilty of turning the trial into "a farce" as Massviewer -- and the prosecutor today-- has called it. Well, what I can tell you is that this jury has been respectful, they have for the most part, refrained from any expressions of frustration or emotion during sometimes tedious questioning, and unexpected announcements from the judge that court will not be in session -- for reasons they are sometimes not given. I hope the jury is not doomed, I hope that Ricardo's prediction is not the case. And i think the judge today put her foot down and made it clear that she would not allow any further lingering inquisitions about whether or not Gabriel loved the family dog, whether the prosecution is engaged in what Polk believes is prosecutorial misconduct, and any more of Polk's general pushing the boundaries of the court's patience. We have three alternates, and possibly two months more of trial to go, and it will be fascinating to see how this all turns out. Hope you will keep watching and reading, and I look forward to our next chat!

Court TV Host: Thanks, Lisa, come back soon!

Lisa Sweetingham: Thanks for the great questions.

Court TV Host: Thanks for the great answers!