SUMMARY (AND OFTEN ENOUGH BLOW BY BLOW) OF BORING’S CROSS OF DR. BREWER.
[video=youtube;dg3Er6lsbZM]https://www.youtube.com/watch?v=dg3Er6lsbZM[/video]
(Decide for yourself how Brewer held up. IMO he was much stronger on cross actually, more than held his own, and actually bested Boring on several occasions. On "points scored" relating to evidence, I agree with Minor 4th that it was a draw).
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Boring kicks off with countering Brewer’s testimony this case is like other similar cases.
Boring: In other cases:
Child is out of view (YES)
Child is in back seat, in the middle between the (Brewer says yes, in back seat, can’t say whether in the middle or not).
Duration of drive? (Brewer says he consulted with Diamond on the specifics of this case, not about the specifics of all other hot car death cases Diamond is conversant with).
Sexting while driving? Are you aware he was sexting (henceforth “yada sex yada”
in the morning, even when he drove, continues text during drive (9:24)?
Brewer: (Take up questions about these specifics with Dr. Diamond).
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Boring moves on to specifics of this case…
Brewer replies that Cooper talking, being kissed by RH, etc., none of their interactions changed the "degree of importance" RH assigned to remembering Cooper (he explained this concept in direct).
Boring: Is it important to know Cooper was awake when leaving CFA? YES.
Boring: Aware that Cooper said “school” while in/leaving CFA?
Brewer: I am aware that ROSS SAID Cooper said school.
Boring: Aware that RH “hung out” in the car for OVER 30 seconds? NO.
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Boring: If smarter, less likely to forget? YES. If good at multitasking, and is not multitasking in car, less likely to forget?
Brewer: It’s complicated, but maybe.
Boring: Shorter duration---does it make less likely to forget?
Brewer: No yes or no answers. More time—can help recall, actually, more time to recover memory.
Boring suggests that DT withheld relevant evidence from Brewer. What he is referring to (in all or in large part) is that the DT didn’t have Brewer review RH’s extracted phone and computer records.
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ON THE TOPIC OF CUES
Boring: cues increase the likelihood one will remember? YES.
Boring: Including smell? YES.
Boring: Having that child just inches from you?
Brewer: PROXIMITY DOES NOT MATTER, HAS NO RELATIONSHIP TO THE ABILITY TO RESET
Boring: (sarcastic)—Well, if you can feel it (Cooper) move? WELL, YES.
Boring: A CFA cup?
Brewer: CFA cup by itself ..not. There needs to be an interpretation of the cue. The cue needs to relate directly to Cooper and DAYCARE.
Boring: Going back to car is a cue? YES.
Boring: Sitting beside your child again, cue? Brewer (longish pause) YES.
Boring: Getting email important to you and child, 10 minutes after arriving at work? YES
Boring: cued by texting back at 9:24?
Boring, in listing, throws in “makes it less likely that there is a failure of the memory system? (Brewer does not respond, but Boring moves on as if he had).
Boring: Bringing up (Cooper? Or something related) an hour after arriving at work? YES.
Colleagues asking about Cooper? YES.
Getting history about case is important, right? YES.
Were you aware that…
Boring: RH told LE he wasn’t distracted by anything? YES
Boring: That he didn’t say he stressed? YES
Boring: That he made no statements about a lack of sleep? YES
Boring: That no one at all has testified that he was under any stress from the time he woke up until the time he left work?
Brewer: I’m not aware of any evidence as it has been presented in court
Boring: If no one said he was stressed wouldn’t that indicate he wasn’t under stress?
Brewer: “The absence of evidence doesn’t indicate evidence of absence.” 
Slips in, “well, the email he did send to work the night before indicating he was having trouble, and the fact that Cooper woke him up early indicates he might not have gotten enough sleep, what might routinely get.
Boring: I’m talking about work stress, repeats that no witness has testified RH was under any stress that day.
Kilgore objects, strongly, saying “that is an absolute mischaracterization of the evidence,” refers to Brown (project manager) testimony that RH communicated to him he was frustrated about not being able to resolve (a whatever problem) relating to the (overdue) project.
Boring: no one has come here and testified he was STRESSED that day.
Staley: The jury will have to resolve what the evidence proves. I’ll allow it.
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Boring: were you aware his wife said he wasn’t stressed that morning?
Brewer: I was not aware of anything his wife said about that.
Boring: On to fatigue. Cooper woke up early, but Ross brought him into (TH-LH’s bed) got back in bed, Cooper went back to sleep.
If the evidence shows he was messaging other women for 15 minutes, then there is a gap between 5:50 something until 7: 20 something, you don’t know if he was sleeping then, right?
(Leanna is up and getting ready for work) NO.
Boring: He was up messaging other women, yada yada.
Boring: That he never said he was sleepy that morning? AGREES
Boring: That he didn’t claim to be sleepy at work? AGREES, NOT THAT I’M NOT AWARE OF
Boring: (after an objection by Kilgore about Boring connecting not shaving to being late to work)
What’s the significance of not shaving?
Brewer: It’s a marker of physical and or mental fatigue; can’t say he was fatigued for sure, only that he had markers, and his disheveled appearance, and not shaving were that, and his expressed dissatisfaction with his own performance on the job-looks towards the jury: “we all feel that, right? I know I do.”
Boring: are you aware how much he cared about his job at that point? NO, HAVE NO IDEA.
Boring: he came in late that day?
Kilgore objects. Mischaracterizes the evidence. Testimony is RH came and left as he needed to, there has been no testimony that RH came in “late” that day.
Boring: rephrase. Are you aware that RH told LE he was running later than he wanted to (sarcastically) and so he would take time out to go to CFA with his son (I DIDN’T KNOW THAT)
(Maybe because that’s not what happened. Remember the email sent at 8:34 AM from Brown, project manager, that RH’s 10 AM meeting needed to be rescheduled.
Ross responded by phone at 8:46AM (14 minutes before walking into CFA.
I think Ross WAS running later than he wanted to be, but when he received the 8:34AM email (at home) he decided to take his time and to take Cooper to CFA. jmo)
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Boring: does it sound like he was stressed about work if he was also leaving early for the movies.
Brewer is noncommittal in reply-who knows what RH was thinking?
Did you know he had a meeting, a meet and greet, no prep time required? YES.
So not a stressful thing?
Brewer: I base what I’ve said about stress on what was expressed in the email (to Brown) and fatigue, by the timestamp on it. They are interrelated.
(((Can’t testify to work context, didn’t know Ross was looking for another job, had sent a resume out that AM between (yada yada, sex messages yada yada)
That he didn’t tell LE about the sex yadayada and his trip back to his car at lunchtime, and that going to his car was outside of routine?
Brewer: I couldn’t quantify how often he took his car to lunch (note-from testimony, neither can Boring. It happened).
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Boring: Are you aware that RH brought CFA (bag of) INTO work 4 out of previous 9 days? So, not routine?
Brewer: 4 out of THIRTY days is not routine, but he could have eaten there (note: misheard, or did he rephrase “routine”
Boring: But he always went to the drive thru?
Brewer-it’s not clear either way (basically, there isn’t enough evidence to know anything other than what we can see to know).
Boring. are you aware that on June 11, RH took Cooper to daycare, went to CFA, then remembered to bring in his guitar into work?) NO.
Brewer: I was thinking about your last question…about that guitar. “Sorry, my mind was just wandering.” Smiles. (lol, oh, I don’t think that’s true at all. Maybe he was making a point about the guitar, that it was relevant to know whether there was a specific purpose for having the guitar in the car, and for bringing the guitar into work (as opposed to not remembering Cooper was there, so not cued to remember to take him out of car).
IMO Boring missed the opportunity to say RH brought it in because heat might damage it, instead he blows off the question as doofy).
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Boring: were you aware that he brought in CFA for daycare workers (etc., establishing that Ross also went to CFA before dropping Cooper off)
Boring: And that Cooper would be awake on those days?
Kilgore: Mischaracterization of evidence.
Boring: Not.
Staley: rephrase.
Brewer: I can’t connect LAA videos with CFA -specific days
Boring: you’re not aware? Because you only have what the DT gave you, right?
Brewer: Yes. That and what you gave me as well (lol).
Boring: Gonna wrap it up. Going back to fatigue. You said the sleep he had on the 17th was out of norm for him, less than the sleep he was used to getting? YES.
Boring goes thru late night messaging and being up late, beginning on Sunday, sending sex yada yada yada.
Brewer—Nope. Not aware of any other of his texts, period.
Boring keeps on, through timestamps for the night of the 16th going into the 17th, sexting with a minor.
Brewer listens to the recital then says, with emphasis, huh, “I thought it was only that ONE night he wasn’t getting enough sleep but it looks like there were MULTIPLE nights of not sleeping as well. (LOL)
Kilgore repeats…. well, it looks like he got more sleep on the 17-18th than usual, right?
Boring: Well, yes, more sleep than he had for those nights in a row…
Brewer: “Well yes, probably because he was fatigued. “
Boring: Not because he wanted to yada yada sex yada?
You know the work text was bookended by passport and …yadayada yada with women…and MEN too?
(Kilgore and Boring tussle over why RH was up late, yada sex yada or work, or both. End with:
Boring: Could he have gotten more sleep if not yada sex yada?
Brewer: WELL, OF COURSE
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Boring’s finale:
When he said to LE, “I swore I dropped him off,” he could have been lying, right?
Brewer: Yes. Absolutely.
