GUILTY Abby & Libby - The Delphi Murders - Richard Allen Arrested - #220

  • #1,061
‘Offering up’ seems like such odd verbiage to me! IMO
off topic but ...
oh my gosh, you're an oystercatcher!!
love it. love your name.
we lost our little sea tree to Helene ... but our oystercatchers returned.
🌅
 
  • #1,062
Great example/observations. The Defense needed an expert on that security video. All they had was Andy. Will the trial court's decision re disallowing the essential FBI Agent Pohl's remote expert testimony on that security video be an issue raised in the appellant brief? Was Agent Pohl's expert testimony for the Defense critical in order to counter BW's testimony? Would the Court of Appeals find that a remote appearance for Pohl should have been granted? (I only brought it up b/c of the missing Exhibits related to that video ... only to say perhaps that's one area we'll see briefed.)
What? Agent Pohl isn’t an expert on security video. He took BW’s original statement regarding what he did after getting off work the day of the murders. Weber testified differently at trial compared to what Agent Pohl had reported. Initially BW told Pohl he serviced his ATMs after work. BW later changed that statement when he was reinterviewed, after the FBI was sent packing, & after looking at his timesheet records, said he did not service his ATMs but went straight home after work. That’s what he stuck with at trial when he testified.

The defense had this knowledge 2 months prior to trial (regarding Agent Pohl’s inability to travel - by air IIRC) but waited until 3-4 weeks prior before subpoenaing him.

NM objected to using Pohl’s testimony citing it was improper impeachment & JG agreed.

I believe the only ground the appeal could have regarding Agent Pohl would be if JG was incorrect regarding whether or not the defense was trying to improperly impeach BW. I don’t recall seeing that as part of their MTCE so I’m guessing not, if my memory is serving me correctly.

Please refer to source below:

The Defense had hoped to call FBI Special Agent Pohl to testify. Pohl is currently on assignment in Texas and unable to travel due to a medical issue. The Defense filed a motion for Pohl to testify through Zoom. The testimony would be used to rebut Weber’s previous testimony that he drove straight home, Baldwin said.

“When did you subpoena him,” Gull asked.

The Defense said three to four weeks ago.

“You had evidence in August and issued a subpoena three to four weeks ago?” Gull asked.

McLeland objected to the request, saying if the Defense wanted to impeach Weber, they needed to do it properly through Weber’s testimony, not someone else. He said it was improper impeachment as they did not show Weber the report at the time of his testimony.

“You have to confront him with his prior statement and ask if they didn’t say that,” Gull said, denying the motion.

Weber is expected to be called as a witness for the Defense on Monday.


 

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