Snipped:
My hubby definitely thinks Nurmi is going to say that but, I'm on the fence as to whether he'll even bring the gas cans up at all.
I think it may have been a crucial misstep that Nurmi didn't cross-exam the Walmart loss prevention employee when she was on the stand. He could have created at least a minimal smoke screen perhaps by questioning her about inventory. In other words, did that particular store's number of gas cans reconcile with what was sold, returned, on the shelf and was that information ever verified. To me, that was a huge 'elephant-in-the-room' when Nurmi said "no questions" for that witness.
I don't think it will sit well with the jurors if Nurmi comes back at the nth hour and tries to convince them she returned the gas can to a different store after she's already testified it was returned to the same store she bought it at. Maybe he'll try to convince them she was in one her "fauxgs" and was confused.
Probably his best bet is to completely avoid the gas can subject in closing rather than digging an already deep hole deeper.
Is he going to try and say she returned that gas can to another Walmart?
My hubby definitely thinks Nurmi is going to say that but, I'm on the fence as to whether he'll even bring the gas cans up at all.
I think it may have been a crucial misstep that Nurmi didn't cross-exam the Walmart loss prevention employee when she was on the stand. He could have created at least a minimal smoke screen perhaps by questioning her about inventory. In other words, did that particular store's number of gas cans reconcile with what was sold, returned, on the shelf and was that information ever verified. To me, that was a huge 'elephant-in-the-room' when Nurmi said "no questions" for that witness.
I don't think it will sit well with the jurors if Nurmi comes back at the nth hour and tries to convince them she returned the gas can to a different store after she's already testified it was returned to the same store she bought it at. Maybe he'll try to convince them she was in one her "fauxgs" and was confused.
Probably his best bet is to completely avoid the gas can subject in closing rather than digging an already deep hole deeper.