#TheodoreWafer: Game within the Game: how to deal with a defendant’s conflicting statements

July 24, 2014

Thursday, July 24, 2014

Good evening:

Crane and I were called away unexpectedly this morning right after I posted the article and the notice that Judge Hathaway has decided not to allow any live coverage of the remainder of the trial.

I have no idea why she made that decision a day into the trial following two days of jury selection that were not covered. Granted the coverage yesterday was worse than dismal, but I cannot think of a reason why yesterday’s failures could not have been corrected by today.

Now, everybody connected with the trial appears less than competent and the decision to abort coverage invites speculation that the outcome may be rigged.

The tragedy is that the judge, the lawyers and the jury had a chance to show the nation and the world that the criminal justice system works in Detroit even if it doesn’t work in Florida.

We the people have grown cynical and suspicious of our court system where wealth and privilege play by a different set of rules than minorities, the poor, and the mentally ill. They get shafted and sent to prison while the rich and the privileged literally get away with murder.

Judge Hathaway’s conduct and decision to ban livestream coverage does not compare favorably to the way My Lady, Judge Masipa is handling the Oscar Pistorius trial.

Okay, I am off my soapbox, but I want to add my response to Crusty’s comment in which he said,

I just read a twit er that the police officer on the scene looked thru the peep hole and it was not broken. Does that not add another nail to the box that TW’s attorney has put him into? Oh well, just another lie from the defendant, no big deal, right?

My answer follows.

This gives me a chance to do another Game Within the Game.

Great catch Crusty!

Excellent illustration of the well known principle that a criminal defense attorney should verify claims made by the client before asserting them as fact in an opening statement.

Prosecutors have a way of serving up those statements in closing argument reminding the jury of what was said forcing the defense attorney to sit at counsel table and eat the shit sandwich a bite at a time while attempting to appear unruffled. They also challenge the defense attorney to explain to the jury why they said what they said.

I’ve seen many a defense attorney blush, break out into a sweat, lose concentration and deliver an unfocused defense to the indefensible accusation instead of owning the error, apologizing for it, and earnestly ask the jury to not hold the client responsible for the lawyer’s mistake. Then its back to arguing presumption of innocence and stressing the points that support reasonable doubt.

Unfortunately, the court’s decision to ban the livestream means that we and the rest of the viewing public will miss how this plays out unless a reporter tweets about it, which is extremely unlikely since they are not skilled trial lawyers who notice and appreciate events like this that occasionally affect the verdict. Oralandar Brand-Williams reported what Cheryl Carpenter said, but no one else picked up on it and I’m not even sure she realized that this was a new version.

I realized that it was and wrote about it, but no one else did. Unless someone read my blog, they would not know what happened.

BTW, that little statement that Carpenter made is extremely significant because it amounts to an admission that she knows they cannot win an acquittal unless more scary attackers are thrown into the mix to support his claim that he was terrified and believed his life was in danger when he fired the shotgun through the locked screen door.

Unfortunately for Wafer, he did not keep his mouth shut and the two explanations that he provided to the police not only cannot both be true, neither one constitutes a reasonable use of deadly force in self-defense when two locked doors separated him from an unarmed 19-year-old girl knocking on his door at 4:30 am.

Just as desperate Hail-Mary passes into the end zone to snatch victory from the jaws of defeat as time expires in a football game rarely succeed, introducing a third version of events to replace two conflicting earlier versions that, if true, would coincidentally fit the known facts like a hand in a glove only invites arched eyebrows, intense skepticism and the formation of firm opinions that the defendant, with the assistance of his lawyer, is an opportunistic liar who is guilty as sin.

Again, please accept our apology for abandoning you all to twitter. Yes, it had something to do with the recent unpleasantness but nothing bad happened and we are back at work and we will be covering tomorrow’s twitterganza with occasional side remarks explaining what is going on.

Thanks, Fred


Watch Zimmerman bail hearing live stream and comment

November 19, 2013

Tuesday, November 19, 2013

Good afternoon:

Watch the Zimmerman bail hearing live via live stream and comment below.

The hearing is scheduled to begin at 1:30 pm EST.

http://www.clickorlando.com/

http://livewire.wesh.com/Event/Watch_WESH_2_News_Live_2

http://www.wcpo.com/news/national/george-zimmerman-bail-hearing-live-video-stream-watch-zimmerman-in-court-video-live-online

For those who missed the hearing, you can watch it here on youtube.


Watch and Comment: Zimmerman Frye Hearing Livestream

June 6, 2013

Thursday, June 6, 2013

Good morning:

Judge Nelson set aside today and tomorrow for a Frye hearing regarding the admissibility of expert testimony about the death shriek and a hearing on the defense motion for sanctions and a judicial inquiry into alleged discovery violations by the State.

Not sure which order she plans to hear these motions, but I am sure we will find that out when the hearing starts in about 25 minutes @ 9 am EDT.

Here is a link to the livestream:

http://wildabouttrial.com/george-zimmerman-live-stream.html

Comment below.

Due to inclement weather, Crane and I have decided not to take our computers with us on our trip to TN for a doctor’s appointment. We will be with you for the first 1.5 hours and catch up with you later after we return.

Peace


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