Monday, November 18, 2013

Jury trial day 4

After a day off, we came in. The weather was nasty so I came in an hour early and got some work done
The Bailiff informed us that the Judge was still sick, but was going to see if we could get through the day. We asked the Bailiff if we were on schedule and if we finish the trial the next Thursday, would we have to come in Friday for deliberations?  yes and yes.

The Traffic Collision Chief continued his testimony. We finally got the see the video footage. However it was not very easy to see. The cameras are private property owners and not really intended to watch the street.  I felt this was the strongest the Defense had been in trying to make the videos not credible. But fact is fact. We can see one car in a different lane than the witness testified being in. Several members of the jury gasped.


Frankly I learned this back in day two. It is clear that people in shock are just not going to be able to describe accurately what they have been in. Every single witness had different accounts of the same wreck. Only a few things were described by all witnesses.  People are fallible, we need facts.

 Early in the case, it was learned that the defendant admitted to the police at the scene that he uses Medical marijuana. He takes it orally and has not taken it in a week. There was no toxicology report, no officer statement that he was on drugs.

When they rolled the car over, a prescription bottle of pot fell out. It was 1.11 grams. There was no method of consuming the pot found in the vehicle. What is the Prosecutor trying to do? No evidence that he was under the influence at all.

The last Prosecutor witness took the stand before lunch. The Judge let us know that this would be it for the day, so we will not break for lunch.  The witness was a car expert, who deals with car crash investigations. Another man with decades of experience. He convincingly shot down the Defenses main argument that the car unexpectedly lurched into the other lane.

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