The Out-Lawyer's Blog

VERY CLOSE TO THE END?

Monday Afternoon. 2-25-08

In the afternoon session, this is what happened….

The jury was shown a September 6th video of Hans giving a technical presentation to a group; this was all about Hans’ demeanor.  The defense hopes that he didn’t look like a killer.  Did this ploy work?  I doubt it, but your guess is as good as mine…

And two investigators were called, one who inspected Hans’ CRX and one who was offered an international travel expert. 

The first expert opined, after examining the vehicle and taking into account Hans’ size, that if Hans intended to use the CRX to sleep in, he would have needed to remove the passenger seat. 

The second investigator, hired only a couple of days ago, told the jury that someone like Nina, with dual Russian-US citizenship, could have gotten replacement travel documents at the Russian embassy with her birth certificate. Alternatively, he knew of places where someone could purchase false travel documents.  [Recall that all of Nina’s official picture ID, her CDL and passport) were left behind and that Homeland security requires an official picture ID.]

The jury is left to wonder whether this is more than defense speculation dressed up as testimony.  Among the remaining questions that will probably not be answered are these:

1. whether anyone has contacted the closest Russian embassies;

2. whether Nina (who left cash and credit cards behind in her car, along with the rotting groceries) had access to enough money to pull off a disappearing act; and

3. who, if anyone, might have helped her with all these arrangements. 

On cross examination, DA Hora showed the witness Nina’s two passports, one Russian and one US.  They appeared to be authentic.  He asked the witness whether it is easy to track down someone who travels abroad using false documents.  Not at all, the witness opined; moreover, it is not easy to even to find someone who is not trying to hide because “most people don’t leave a trail.” 

Then he was asked if anyone had asked him to try to locate Nina.  The answer was “no”. 

The case recessed until tomorrow with a discussion of pending defense motions (the motion for dismissal will be denied) and a reference to the jury instructions that the court is preparing.  Instruction issues must be resolved before final arguments and the trial court normally gets to the instructions issue within a day or two of the arguments. But there are scheduled breaks and absences to be factored in.

I am left with the impression that the defense intends to wrap up the defense case fairly soon.  Of course, this implies that Hans will not testify, and that the DA will not have been given any evidentiary targets to rebut.  That will all change dramatically if Hans testifies.  In that scenario, the case could easily run all this week and next, using part of the week after that for the closing arguments....

Stay tuned….

JBG