Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #3

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Seriously I have a question why didn't Wrie leave when she first wanted to?
That is when she was still sober enough to make her way home safely.

What clouded her judgement to overstay.

Any suggestions please?
 
As for the trial itself, I'd rather have the prosecution's case than the defence.

The current publicised prosecution murder theory - that Tostee forced Rrie onto the balcony and she died trying to get away by climbing somewhere - is the most tenuous one. But that doesn't mean it is the only one and it certainly doesn't mean that it will be the only one that is presented at trial. I'd assume that what they'll be putting forward is alternative scenarios, all of which would have Tostee guilty of murder. This particular one is because the recording might be reasonable doubt on the other theories; the idea being that even if a jury doesn't think he is on the balcony they can still find him guilty.

And IMO the defence has a HUGE problem with Tostee himself. There are a lot of components of this case that Tostee really has to explain. Otherwise theories can be put forward and not refuted. Take, for example, the re-enactment with the policewoman and the certainty of the neighbour about the position of the feet. If the prosecution can then demonstrate how the recording supports that, the only real way that can be refuted is by Tostee. Obviously the defence can poke holes and cast doubt, but they would run the risk of simply poking enough holes that the other theory about her trying to get away (discussed in the para above) was effectively proven.

If Tostee testified he'd book himself a one way ticket to jail. Even a first year law student could rip him to shreds, let alone an experienced prosecutor on cross-examination. He'd contradict himself every second sentence and a lot of his prior behaviour could then be examined............I'd actually expect a prosecutor to be able to get a confession, either by playing up to his sense of entitlement in controlling women or his need for attention.
 
Oh, and I agree Tostee will testify. He won't be able to help himself, and it's his right and his decision. But it will be against legal advice because there's NO WAY I see any decent lawyer (and O'Gorman is more than decent) encouraging him to testify.

Actually I think there's a good chance O'Gorman will no longer be representing him by the time the trial comes around. I'm assuming O'Gorman took the case due to the fair trial/trial by media component, because that's very consistent with his work on civil liberties issues (that's one of the particular issues he's focused on). But there are limits to how long he will be able to continue with a client like Tostee. O'Gorman's anti trial by media agenda is not served by Tostee publishing his own version of events online and uploading the recording.

The other point is that Tostee has already changed lawyers once. We don't know if that was Tostee's choice or his lawyer's choice. I know Purcell formally withdrew, but he would have to do that even if Tostee had said he wanted to change representation - it's just part of the process. Maybe Tostee preferred O'Gorman's approach and track record. But if Purcell withdrew it could be because he knew something that Tostee was going to lie about or he was aware that Tostee was intending to break the law. A lawyer can't condone their client lying or breaking the law.
 
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I think he definitely set out to keep her in the apartment until he'd done what he wanted (whatever that was). <modsnip>
Why didn't she leave? Well, I'm not that much older than Rrie, and in my mid 20s I remember there were times when I knew I should leave a situation with a guy and I ignored my instincts and stayed. I was lonely and vulnerable due to low self-worth so all he really had to do was start giving me a bit of attention and I changed my mind. It may not have been the same for Rrie - I just mean that there are any number of ways he could have manipulated her into staying when she wanted to go. His manipulation clearly worked because while we can hear that it's all a game for him, she obviously didn't or she would have left long before it got to the point it did.

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yep! Also “She’s small so I go to hug and lift her up and take her inside from the balcony but she totally freaks out, mumbles something about getting back to her parents and bolts out the door. Deletes me off both Tinder and FB.”

and then this comment that has always stuck with me..“Maybe I acted too abruptly and snapped her out of her little lust-trance by manhandling her.”

http://www.goldcoastbulletin.com.au...-warriena-wright/story-fnje8bkv-1227020483212
 
Is the Autopsy report for Rie available anywhere?

Was the balcony rail examined for any damage - scratches from the metal object?
 
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