DAMAGE MITIGATION
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DAMAGE MITIGATION
Bill Du Bois has concluded his cross examination of R…, Reiser’s son.
A redirect examination by the DA was followed by a testy colloquy between client and the court (Mr. Reiser is complaining about the social workers and the prospect that his son will now be whisked away to Russia).
The court has adjourned until November 26 (the Monday after Thanksgiving).
POINT, COUNTERPOINT
As the dust begins to settle, the defense has made two counterpoints:
(1) That Grandma did tell the boy that Dad did something bad to Mom. This introduces a bias that Du Bois will argue has influenced the boy’s current account.
(2) That the boy now remembers that Mom really did exit the house – before that “something big” on the staircase incident.
Du Bois: "You remember you saw your mom go up into the street?"
"Yes."
But on redirect, the DA partially rehabilitated the witness.
Hora: "Do you remember whether your mom even left after she gave you a hug?"
Witness: "No…. She left."
"How do you know?"
"What can she do?"
"What do you mean by that?"
"No one stays in a house if they say goodbye."
"Do you remember your mom saying goodbye?’
"Yes."
"So you think if she said goodbye, she must have left?"
"Yes."
BOTTOM LINE
The defense is worse off that it would have been had the boy not testified. The prosecution still has that, “But how did Hans dispose of the body?” hole to fill.
It will be interesting what specific theory the DA chooses to argue now. Was the boy mistaken about Mom leaving? Or will he argue that Hans went after her? Did the assault happen in or near the doorway? How did the blood get deposited on that pole just inside the house?
I suspect that the jury wants to believe R… in spite of his age and the elements of confusion. This will require them to reconcile the apparent contradictions.
In argument, the DA will try to map the scene, the car locations and the blood spots and generate a plausible sequence of events.
[][][]
Trying these cases is a drain on the lawyers. I know, having been there. I’d not begrudge anyone a Thanksgiving break…
JBG
As the dust begins to settle, the defense has made two counterpoints:
(1) That Grandma did tell the boy that Dad did something bad to Mom. This introduces a bias that Du Bois will argue has influenced the boy’s current account.
"Yes."
But on redirect, the DA partially rehabilitated the witness.
Hora: "Do you remember whether your mom even left after she gave you a hug?"
Witness: "No…. She left."
"How do you know?"
"What can she do?"
"What do you mean by that?"
"No one stays in a house if they say goodbye."
"Do you remember your mom saying goodbye?’
"Yes."
"So you think if she said goodbye, she must have left?"
"Yes."
BOTTOM LINE
The defense is worse off that it would have been had the boy not testified. The prosecution still has that, “But how did Hans dispose of the body?” hole to fill.
It will be interesting what specific theory the DA chooses to argue now. Was the boy mistaken about Mom leaving? Or will he argue that Hans went after her? Did the assault happen in or near the doorway? How did the blood get deposited on that pole just inside the house?
I suspect that the jury wants to believe R… in spite of his age and the elements of confusion. This will require them to reconcile the apparent contradictions.
In argument, the DA will try to map the scene, the car locations and the blood spots and generate a plausible sequence of events.
[][][]
Trying these cases is a drain on the lawyers. I know, having been there. I’d not begrudge anyone a Thanksgiving break…
JBG
