fran
Former Member
To be technically fair, the defense never stated they were the same. I know it was somewhat implied, but they didn't state "this is the same shirt".
The effect will be the same, and I believe the jury will discredit his testimony (if they were giving it any merit to begin with) and will find him guilty.
I agree with you, that the def NEVER said it was the same shirt. But, IMHO, the def showed that picture of the 3rd bday party, NOT just to show how 'happy' C was with her daddy, or what a good daddy he was, but for ME, no other reason than to IMPLY it was the same shirt.
IMHO, that MAY be one of the reasons the def is {worried} or appears to me worried. They most likely realize at least ONE of the juror's noted the diff in the shirts and now the others want to verify.
I think the def is realizing that the subterfuge they THOUGHT the def may be able to pull off by testifying and explaining HIS facts, are being seen through by the jury.
Heck, for the def, imho, it was worth a shot. Even if the guy gets convicted, they can't say they didn't give it a try. OTOH, if he gets off, the def, IMHO, will think he hit the jackpot and get away with murder!

Of course, the def will think they did a good job! and, they did, with what they had to work with.
JMHO
fran