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The Defense Just Needs a Little Help Sometimes.

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June 09, 2011, 15:09
MDK27
The Defense Just Needs a Little Help Sometimes.
In a murder trial, a very prominent lawyer from a large city decided he could whip my backwater a** in a fairly "lay down" case (bullet between the eyes, many witnesses). He had been paid well, so used every tactic he had been taught in law school to discredit the witnesses. It wasn't working too well, anyway, but then he decided he had to cross examine the medical examiner at length about her financial interests in the case (yes, really). She explained that she had no idea how much SWIFS had been paid by the County for the autopsy, but understood it was a flat fee, and the same fee was paid whether or not there was testimnony required. She further testified that she was paid mileage to come to Belton from Dallas, and would be reimbursed for her lunch, but otherwise was paid her normal salary. Counsel was indignant that she could not tell the jury how much money she made in a normal day, how much her lunch would be, or how much she would get paid in mileage. The medical examiner looked at him and said, "I am sorry, Mr. [Defense Counsel], but I just don't know what you are getting at".

"Pass the witness", he said with smug glee.

Me: "Doc, what I think the defense wants to know is how much you got paid to drill a hole in [the victim's] head and call it a gunshot?."

D.C. "Objection, your Honor! Calls for speculation!"

The Court: "Overruled. The jury will be excused for a moment."

After the jury left the room - (and wisely off the record):

The Court: "Mr. [Defense Counsel], I am not going to tell you how to try your case. I will, however, make this observation - if your trial strategy is to thoroughly piss this jury off, you have succeeded."

Defense Counsel: "Really?"

The Court: "Really. Now lets all take a break and try to regroup."

Butter wouldn't melt in the Defense Counsel's mouth after that. He still lost, and the jurors told me afterward they hated him with a passion.
June 10, 2011, 10:23
gh
Comical but true I was there
June 10, 2011, 12:06
MDK27
Those were the days........ and what the defense did in the codefendant's trial was even worse! Shalom, brother Greg!
June 10, 2011, 14:15
gh
Oh yes�.. just one off the top of my head�in co defendant trial, def heading towards me while on stand as I had signed the affidavit. Prosecutor stood to object and def asked judge, affidavits are wrote based on hearsay and judge said every day of the week. Def stopped and walked away many fighting words in those two trials.