Dunn verdict watch and a discussion of circumstantial evidence

October 1, 2014

Wednesday, October 1, 2014

Good morning:

Judge Healey has completed reading the jury instructions to the jury in the Michael Dunn retrial and the jury deliberations are underway in the jury room.

As we wait for them to reach a verdict, I recommend readers watch John Guy’s excellent rebuttal argument. For example, he absolutely destroys Michael Knox, the defense forensic expert and dismisses him stating, “That’s what you get for $350 per hour.

While you are listening to him, notice that he uses circumstantial evidence to construct a powerful argument that Dunn lied. For comparison purposes, recall that Judge Masipa in the Pistorius case regarded circumstantial evidence as not very reliable or persuasive.

I think it’s appropriate to instruct juries that evidence may be either direct or circumstantial. One is not necessarily more accurate or reliable than the other and it’s up to the jury to decide how much weight to assign to the evidence admitted in the case.

The instructions direct the jurors to consider first degree murder first and not to consider lesser included offenses like second degree murder or manslaughter unless they cannot unanimously agree on a verdict to first degree murder.

First degree requires proof of premeditation. Premeditation requires proof that the defendant specifically intended to kill Jordan Davis; that he reflected on his decision to kill; and that decided to go ahead and do it.

Premeditation (i.e., specific intent to kill, reflection and affirmation) does not require anything more than a moment in time.

What do you think of John Guy’s rebuttal argument?

Do you believe circumstantial evidence is inherently less accurate and reliable than direct evidence?

Do you believe Michael Dunn acted with premeditation?

Do you believe he acted in self-defense?

What did you think of Michael Knox?


Judge Healey dismisses juror today in Michael Dunn retrial

September 27, 2014

Saturday, September 27, 2014

Good evening:

Crane and I are safely out of Kentucky and settling in at a new location that we are not going to identify due to continuing concerns about our safety. We still do not have ongoing reliable access to the internet, which is why you have not heard from us recently. We hope to have that problem solved within the next few days.

The most interesting incident today occurred when Judge Healey dismissed Juror #4 because of an article published in Folio Weekly titled, An Interview with a Dunn Jury reject.

Leslie Coursey at ActionNewsJax.com has the story,

A former Folio staffer who was a potential juror but did not make the final cut heard the juror criticize State Attorney Angela Corey during jury selection, according to Folio.

Here’s the quote from the Folio article:

“A 400-pound white schoolteacher who was sitting by me really hated [Corey’s] humor, and made the joke that ‘she would have a hard time proving to a court that I am fat; there would still be reasonable doubt.’”

The Folio writer confirmed to Action News at 12:35 p.m. that it was his article that led to the dismissal of juror #4.

The juror is a white male.

There are two black jurors.

Rhonda Rourer testified today, sobbing as she did before. In the unsurprising-news department, she is no longer engaged to Michael Dunn.

The trial, which is being live-streamed, will resume on Monday.


Ebola Best and Worst-Case Scenarios

September 24, 2014

Wednesday, September 24, 2014

Good morning:

Jury selection continues today in the Michael Dunn retrial.

Crane and I are sitting across from each other in a McDonald’s where we are enjoying free coffee and WiFi. We have reached our destination and we will get hooked up to the internet tomorrow afternoon. We will resume regular posting late tomorrow or Friday.

Crane just posted an article at Firedoglake updating readers on the Ebola epidemic. Read it below.

Meanwhile, jury selection continues today in the Michael Dunn retrial.

Ebola Best and Worst-Case Scenarios

By Crane-Station

On Tuesday, the CDC issued a report based on an epidemiological model, that projected a top-range (worst-case) estimate of Ebola cases in West Africa- what the number could reach – by January 20, 2015 – as well as a best-case scenario. Voa News explains:

Between 550,000 and 1.4 million people in West Africa could be infected with the Ebola virus by January 20, 2015, according to a report issued on Tuesday by the U.S. Centers for Disease Control and Prevention (CDC).

The top range of the estimate, 1.4 million, assumes that the number of cases officially cited so far, 5864 according to the count kept by the World Health Organization, is significantly underreported, and that it is likely that 2.5 times as many cases, or nearly 20,000, have in fact occurred.

The CDC epidemiological model is based on August numbers, and do not take into consideration the recent US government announcement that it will send 3000 troops into Africa as part of the Ebola relief effort. The best-case projection involves getting 70 percent of the patients into facilities where risk of transmission is reduced, as well as burying the dead safely, which could potentially bring the epidemic to an end by January 20.

Extensive, immediate actions- such as those already stated- can bring the epidemic to a tipping point to start a rapid decline in cases,” CDC said in a statement.

Voa News is also reporting that in Liberia, the number of Ebola cases has been doubling every few weeks, posing a threat to the social, economic and political fabric of the country, as it impacts forestry, mining and agriculture.

In the meantime, experimental Ebola drugs will be tested in West Africa. Ebola is an RNA viral infection with no current cure. Details regarding the testing are “under discussion.” Apparently, three drug companies are working with WHO, to develop fast-track protocols.

Also, since Ebola does spread through bodily fluids, and since it can be transmitted from a dying and dead victim to the living, safe burial practices are a concern. Scientific American explains:

Unlike most pathogens, which cannot survive long on a corpse, however, Ebola does remain infectious after a person dies– for how long remains unknown. WHO notes that men who have survived the disease can still transmit the virus through their semen for up to seven weeks after recovery, providing a glimpse into the longevity of this potent pathogen.

In July, Smithsonian addressed the issue of culture, burial practices, and generalized mistrust that occurs, when strangers from another culture and country come to Africa, to retrieve, bag and disinfect loved ones, who are victims of Ebola:

Telling people that they can’t bury their family members according to tradition can be agonizing, and in order to reassure the living and prevent further infections, health workers follow strict guidelines when disposing of bodies. The WHO’s typical burial guidelines for emergency situations extort (sic) workers to prioritize the living over the dead and discourage mass burials, which can be incredibly demoralizing.

References:
CDC – Ebola- Ebola Virus Disease- What’s New

New Modeling Tool for Response to Ebola Virus Disease


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