Saturday, June 29, 2013
Good morning:
My opinion of Don West continues to plunge.
What can I say about a soporific opening statement that began with a knock-knock joke?
What can anyone say about a five-hour cross examination of a 19-year-old girl that relied on using insults to intimidate and get her to agree to his false statements?
Here is something that I can and did say to Tee about Mark O’Mara’s choice to play the possible fish game while cross examining the Physician’s Assistant.
The PA is not a specialist in diagnosing and treating traumatic head wounds.
Therefore, she was not the right person to question about the possible causes and severity of the defendant’s head wounds.
The bottom line is the defendant declined multiple offers to transport him to the ER after the shooting and he did not go to the clinic seeking treatment the following morning. He went there to get a note authorizing him to return to work and he refused to PA’s recommendation to follow up with an ENT specialist.
He also never requested or obtained an Xray, which is something that he could still do today. An Xray taken today would show a healed fracture.
There is a reason why the defendant declined medical treatment and never requested an Xray.
When O’Mara went fishing for additional possible injuries and related concerns based on an examination of the photographs of the defendant’s head taken at the police station, he caught a boatload of possible fish.
There is no known recipe for preparing possible fish.
Since the defendant did not mention, much less complain about those specific bumps or lumps on his head, there is no reason to believe those possible fish were real fish.
O’Mara pulled off a pretty good smoke-and-mirrors cross, but in the end there wasn’t anything there.
We did find out, however, that the defendant was working out for 3 hours 3 times per week doing MMA style aerobics at the Kokopelli Gym starting in August 2011.
I used cross examination to create building blocks made out of statements, admissions, or denials by witnesses. I constructed my summation or closing argument out of those building blocks.
I would be shocked to discover that Bernie de la Rionda does not have one or more medical experts who will be testifying about the defendant’s injuries.
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