faefrost
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Right, but her ruling was based on an opinion as a *forensic pathologist, and other *FP's can and have been wrong in the past.
I'm not saying she is wrong- it was actually an issue I had hoped she would clarify for me on the stand.
It's highly significant in this case because of the DT's claims that it was an accidental death that was covered up...the very same reasons for DR G's findings for homicide.
I don't put much stock into what Dr S testified to. His defensiveness didn't portray conviction- He seemed more focused on being 'right' than finding justice for a murder victim.
But I also didn't Dr G's defensiveness.
Though when coupled with the totality of the evidence Dr G's testimony holds more weight IMO.
ETA:* ME
And HHJP's rulings stem from his opinions as a lawyer and member of the bar. Other lawyers and judges have been wrong in the past. It does not in any way lesson or leave room for second guessing his rulings. While JB can (and does) sit there and tell the judge he is wrong in open court, it doesn't exactly go over real well does it? Dr. G's authority in this matter comes from the same source as the judges and is equally as inviolate. Yes there may be some degree of self serving potential there. It is there at any point where the society has determined that the state or agents of the state must have clear and unequivocal decision making powers. Judges, Coroners, Sheriff's, Fire Chief's all have rather extreme and sometimes seemingly arbitrary powers because of this. These are not a flaws. These are not a violation of anybodies rights. They are the due process. At some point any arguments must stop and someone must be charged with making a determination for the society to function. These are the roles and individuals that do that. The counter to them is the process by which the individuals are selected for those roles. But once selected their rulings do carry the full force of the law and the constitution.