- Joined
- Aug 14, 2018
- Messages
- 12,743
- Reaction score
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BAM!! BAM!! BAM!!
"There is no reasonable basis to conclude that an attorney as aggressive, prepared and meticulous as Brennan sincerely "didn't know" that the holes from the back of the hoody were created by his own witness who documented them in a report, already testified and is slated to testify again as a rebuttal witness. It is hard to fathom that he could have sincerely believed the holes came from an alleged car accident. If he did, this would have been a part of Dr. Wolfe's cross rather than re-cross. The holes would have been shown to the jury when he introduced the hoody. Mistakes do happen. But Brennan appears to have held this back and then pounced to give the jury the implication that the holes were consistent with an alleged car accident and that a key opinion of Dr. Wolfe was wrong. Put simply, he tried to end the examination with a huge "gotcha" moment but instead was caught red handed in conduct, that if unchecked, would have intentionally and materially mislead the jury. The instruction by the judge was rather weak and the jury should be told about the exhibits not offered into evidence and they should be allowed to conclude that that was a deliberate attempt by the prosecutor to mislead them. Finally, it was very telling that as Bob slammed Brennan with very serious ethical violations, the prosecutor never once tried to defend himself or push back other than sheepishly claiming he made a mistake. Attorneys whose ethics are unfairly maligned always push back--particularly when slammed publicly.
"There is no reasonable basis to conclude that an attorney as aggressive, prepared and meticulous as Brennan sincerely "didn't know" that the holes from the back of the hoody were created by his own witness who documented them in a report, already testified and is slated to testify again as a rebuttal witness. It is hard to fathom that he could have sincerely believed the holes came from an alleged car accident. If he did, this would have been a part of Dr. Wolfe's cross rather than re-cross. The holes would have been shown to the jury when he introduced the hoody. Mistakes do happen. But Brennan appears to have held this back and then pounced to give the jury the implication that the holes were consistent with an alleged car accident and that a key opinion of Dr. Wolfe was wrong. Put simply, he tried to end the examination with a huge "gotcha" moment but instead was caught red handed in conduct, that if unchecked, would have intentionally and materially mislead the jury. The instruction by the judge was rather weak and the jury should be told about the exhibits not offered into evidence and they should be allowed to conclude that that was a deliberate attempt by the prosecutor to mislead them. Finally, it was very telling that as Bob slammed Brennan with very serious ethical violations, the prosecutor never once tried to defend himself or push back other than sheepishly claiming he made a mistake. Attorneys whose ethics are unfairly maligned always push back--particularly when slammed publicly.
