Game within the Game: Despite strong case prosecutor may lose Wafer trial in jury selection

Friday, June 20, 2014

Good evening:

Judge Dana Hathaway granted a prosecution motion today in the Theodore Wafer murder case that will permit them to provide the jury with transcripts of statements he made during his 911 call and subsequent interrogation by police regarding shooting and killing 19-year-old Renisha McBride.

Armed with a 12 gauge shotgun, he unlocked, opened his front door, and shot her in the face through the locked screen door in response to her knocking on his door early one morning before sunrise. She was unarmed.

He was charged with second degree murder and is claiming self-defense, even though he initially said he fired the gun accidentally.

Game within the Game:

Wafer has a classic were-you-lying-then-or-are-you-lying-now predicament to credibly explain why he said accident when he meant to say self-defense. Since the prosecutor wants transcripts of what he said, there must be other inconsistencies and contradictions that the prosecutor wants to use to skewer him.

People are better at remembering what they read compared to what they see or hear and their recall improves substantially beyond that, if they simultaneously read what they see and hear.

In other words, ain’t nothing in those statements that will help Mr. Wafer.

The Detroit Free Press reported this afternoon that Judge Hathaway continued the hearing to next Thursday (6/26) regarding the defense motion to introduce bad character evidence about Renisha McBride.

The defense is claiming that her social media, including photos on her cell phone, and school records are admissible to show that she had an aggressive and violent disposition.

She will also take up the defense motion to introduce evidence that the character of the neighborhood was changing and McBride may have been knocking on his door by mistake thinking a marijuana dealer lived there.

I do not believe that any of that evidence is admissible.

I am concerned about one thing the prosecutor said today.

The prosecution asked for a jury pool of 200 people today, saying it only plans to ask prospective jurors a few questions: Do you know about this case? What do you know about it? And can you be fair?

Game within the Game:

Colossal mistake equivalent to going to bed at night leaving your back door wide open with an engraved invitation to burglars to come in and steal everything while you sleep.

The problem of jury nullification by racially prejudiced stealth jurors determined to acquit white defendants who murder unarmed black victims, regardless of the evidence, is painfully real. The answers to those three questions will not help the prosecutor determine whether any potential juror is a stealth juror.

The prosecutor who said that is inviting disaster.

Trial is scheduled to start July 21st.

A few words about me: I rely on my 30-year experience as a felony criminal defense attorney and my three years experience as a law professor to analyze the game within the game explaining the applicable rules of law and procedure and the reasons why the lawyers and judges do what they do.

My goal is to assist readers to see through to the heart of a case despite the confusing turmoil of words and phrases that often conceal it.

To educate is to liberate.

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22 Responses to Game within the Game: Despite strong case prosecutor may lose Wafer trial in jury selection

  1. MKX says:

    The racists are so fixated on the “raging black” out to get them that resides in the dark recesses of their minds, that all logic goes out the window.

    If a person ripped the screen door off my front doorway in which I am presently behind a more solid door and in possession of a gun, then why, pray tell, would I open the more solid door in that I must be able to hear the screen door being torn asunder?

    Would it not make more sense to take a shooting position and wait till the person forced their way in?

    The Reich Wing has this thing about pre-emptive use of force.

    • Malisha says:

      I love that: “The Reich Wing.” LOVE. IT!

      • racerrodig says:

        I must say MKX has introduced a few great “ism’s”

        My fear is that this sad sack racist will play that “poor, poor me, and because of all the crime, my gun just went off” shit and whatever stealth juror(s) that get on will play that to the end. The old “…..okay, you suffered enough…….did you learn your lesson ? well…………don’t let it happen again” and he gets his shotgun back.

  2. crazy1946 says:

    MKX, Thank you for verifying what I remembered from early on in the case. There seems to be a lot of people on other sites who are saying Mz. McBride pulled the screen door off and threw it aside in an attempt to force her way into the house. Will a “stealth or non stealth” individual make it onto the jury? That is a strong possibility, however at this point, I still hold out hope for justice to be served. Time will tell…

  3. crazy1946 says:

    Professor, If the defense is allowed to bring in allegations of drug and alcohol use by the deceased, will the prosecution be allowed to bring in the claim of the defendants bad (hot?) temper and anger issues? It would seem to me as if they would pretty well offset each other… Have we seen evidence of a peep hole in the main door or was it simply a solid door with no way of knowing who was at the door? There is some talk on other sites about the deceased having torn the screen door from it’s hinges, is my memory correct in that the police actually removed the door in their first visit, or is my memory gone south again? There seems to be talk on a lot of sites that originates from the same sources that drove the racial divide in the two Florida cases we are all so familiar with. It seems to prove what many of us have said for so long, that racial hatred is not limited to any one geographical region in this nation…

    • MKX says:

      The police removed the screen door because there is a hole from the shot out of Wafers gun that caused a gruesome fatal injury to the victim.

      As I understand it, Wafer opened the inside door and shot through the screen door.

      The defense will probably try to claim that McBride was in the act of pulling open the screen door. IMO, the loose or torn hinges could be either he had a crappy door or the blast force did the damage. For the victim the rip a screen door off of the hinges, she would have had to have pulled the door wide open and leveraged it, unless she possessed phenomenal strength. And if the door was wide open, how did the shot go through it?

      All that will get ignored by a stealth racist juror and the raging black super strength while under the influence of drugs drum will be banged loud and often.

      So I can see a hung jury.

      IMO, Wafer pointed his gun and it went off due to the adrenaline rush of either fear or hate. And I have no sympathy whatsoever for him. You never point a gun unless you mean to use it. So I see an intentional act that led to the death of the victim – at least manslaughter.

      And our society has got to stop making excuses for careless use of firearms even under the guise of a potentially dangerous situation.

      • crazy1946 says:


        “IMO, Wafer pointed his gun and it went off due to the adrenaline rush of either fear or hate.”

        That would make sense, and if I recall correctly, TW’s former girl friend has stated he had a violent and quick temper… I would suspect more likely that he pulled the trigger in a moment of rage at being disturbed than because it was a particular race or gender. He was probably angry from being disturbed and decided to stop the problem once and forever, which it seems quite plainly that it did. Now comes the part where he pays for his short fuse and anger issues. I would be curious and actually not too surprised to find out that he had received mind altering drugs in the past to help in his anger issues… There seems to be a trend with hostility stemming from prior use of these types of drugs…

    • A police officer testified at the preliminary hearing that the shotgun blast knocked the screen door off one hinge. He also testified that it was very unlikely that the shotgun discharged accidentally, given the safety mechanism.

      I don’t know if the front door had a peephole. I could be wrong, but I believe all front doors have peepholes.

      Nothing surprising about the racist right-wing-hate-machine intentionally spewing hatred and lies about a black homicide victim to help a guilty white defendant beat the charge.

      They do not care about the truth. Stupid and scarcely human, they make stuff up without bothering to familiarize themselves with the evidence and start howling like a pack of mad dogs.

      When dealing with them, one must always presume they are lying

      • MKX says:

        That would mean that the victims head was on the hinge side of the screen door, not the latch side, thus putting to lie any claim that she was trying to open this door when she was shot.

      • crazy1946 says:

        “I don’t know if the front door had a peephole. I could be wrong, but I believe all front doors have peepholes.”

        If this is true, it destroys the allegations being made on other sites that TW had to open the door to see who was there. Of course that leads me to wonder why he needed to see who was there so badly that he had to shoot them to find out… Again, I suggest this man (who is alleged to have an anger management problem) was livid at being bothered late at night and took his hostility needs out on the person outside the door. Did he mean to kill? Is it possible in a moment of extreme anger he simply could not control his actions? Would/ could this justify a 2nd degree murder conviction or a Manslaughter conviction?

        • Malisha says:

          When I hear a knock on the door that I cannot identify with an expected guest, I SHOUT through the door, “Who is it?”

      • My front door doesn’t have a peephole.

        • They are very easy to install

        • racerrodig says:

          Some local building codes state there must be a visual device on the door especially if it is the only door….like an apt. In our town there must be a peep hole or a window to see out of. All kitchen doors must have a window…..why??……I have no idea.

          The windows on our front door are so high up they are useless to us. I’d need a periscope to use them. We look out of the living room windows as anyone on the porch can’t tell from that angle that someone is looking.

          Personally I agree with a visual on the only or front door, that way I can see who it is.

          On the other hand, I feel safe in the knowledge that no one here answers their door armed, and nor do I.

        • racerrodig says:

          I have this awesome set of tools……I’ll install one for ya !!!

  4. Malisha says:

    As to Wafer, he will get off because the jury will seat at least one person, and probably a quarter of the whole jury, who would have been happy to do the same thing as the defendant did.

  5. O/T: The prosecutor announced today that he will seek the death penalty, if the jury convicts Craig Wood.

    Dan Patterson, the Greene County prosecuting attorney, called Hailey’s death “outrageously or wantonly vile, horrible or inhuman in that it involved torture, or depravity of mind.”

    That’s one of several “aggravating circumstances” that, under law, can result in death for a defendant in Missouri.

    No surprise because he is the poster-child for the death penalty.

    I oppose the prosecutor’s decision on principle because I am opposed to the death penalty in all cases.

    • I am not terribly surprised.

    • There was a truly depraved child molestation-death case tried earlier this year in Wales. The perp was put away for life even without a body (he apparently cut the child up and burned her in his woodburning stove. There was blood evidence in a bathroom.) No question of death penalty in the UK, of course. I wish we were as civilized.

      Of course I hope that Wafer receives time. We can’t citizens to play police, judge, jury and executioner, or we’re in deep doo-doo. He appears to be more impulsive and careless than heinous, but of course his attorneys will attempt to push the envelope, OM style. I doubt Michigan will let this go on as blatantly as FL.

    • Malisha says:

      I oppose the death penalty on GP also. But in this case I also oppose it because it will help the prosecutor politically and we are becoming a nation whose top political offices are filled with all the wrong wrong wrong wrong people.

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