minor4th
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The only way I can see that the State can turn this around and make their own case stronger is by somehow revealing a major, significant flaw in Oscar's version during his cross examination.
When I proposed the mock cross examination yesterday, this is what I was getting at - I'm trying to figure out exactly where Nel can score some points and discredit Oscar's version. I don't think it will be something like the unexplained damage to the bedroom door or spots on the wall - because there's no way for Nel to predict what Oscar's answer will be or to refute it IMO
Putting myself in a prosecutor's shoes, the aspects of Oscar's story that I find most suspect are not the little discrepancies about one fan or two fans or going to bed at 10 or whatever because those can be explained away.
I'd focus on things that Oscar is committed to in his version - like bringing the fans in. Is there any way that Nel can show that didn't really happen? What about the blinds and sliding door being open/closed?
What window would Oscar have heard "sliding open"? Is that the little window in the toilet cubicle - because I don't think the big windows slide open. We really need to know whether that little window was open or closed. I thought both sides agreed that it was closed but then that begs the question - then what did Oscar hear sliding open?
I think OP said he was back in the bedroom with the fans in, blinds and doors and curtains closed when he heard the bathroom sound ..had he plugged in one of the fans before he heard the sounds and got his gun? If so this is a pretty big flaw because he claimed it was so dark he was virtually blind.
When I proposed the mock cross examination yesterday, this is what I was getting at - I'm trying to figure out exactly where Nel can score some points and discredit Oscar's version. I don't think it will be something like the unexplained damage to the bedroom door or spots on the wall - because there's no way for Nel to predict what Oscar's answer will be or to refute it IMO
Putting myself in a prosecutor's shoes, the aspects of Oscar's story that I find most suspect are not the little discrepancies about one fan or two fans or going to bed at 10 or whatever because those can be explained away.
I'd focus on things that Oscar is committed to in his version - like bringing the fans in. Is there any way that Nel can show that didn't really happen? What about the blinds and sliding door being open/closed?
What window would Oscar have heard "sliding open"? Is that the little window in the toilet cubicle - because I don't think the big windows slide open. We really need to know whether that little window was open or closed. I thought both sides agreed that it was closed but then that begs the question - then what did Oscar hear sliding open?
I think OP said he was back in the bedroom with the fans in, blinds and doors and curtains closed when he heard the bathroom sound ..had he plugged in one of the fans before he heard the sounds and got his gun? If so this is a pretty big flaw because he claimed it was so dark he was virtually blind.