Sep 29, 2011

Komisarjevsky Defense Thwarted In Bid For Mistrial

These defense attorneys are really reaching.

Yet another move for a mistrial this time based  upon members of the Petit family choosing to leave the courtroom as they had knowledge of  upcoming graphic testimony from the medical examiner.

I was at the Hayes trial when similar testimony was given by the same medical examiner Dr. Wayne Carver.
Unfortunately on day one of that testimony in Hayes trial, the Petit and extended family did not seem to be forewarned of the extremely detailed and graphic descriptions of the autopsy's performed on eleven year old Michaela.

I've heard medical examiners testimony but never had I heard this degree of detail regarding things such as how the body was opened etc. In my opinion it was more information than the jurors needed, rather than proffering and focusing on the results of the autopsy, Mr Carver is apparently so immersed in his profession seemed to have lost sight of the layman's reaction to morbid details about how he cut open the ribs of a child's body. Many reporters and other people in attendance at that trial were clearly taken aback by the grisly details being so perfunctorily described. A good portion of Carver' testimony was about the methodology that he and his assistants used in performing the autopsy as opposed to the findings which were in effect,what really mattered to the Case and the Jury.

After that first excruciating day of Carvers testimony regarding Michaela's autopsy, Dr Petit and other family members accompanied at first by a Victim's advocate, left the courtroom just prior to any detailed forensic
testimony concerning Michalea,Hayely or Jennifer Petit. Some family members also left the courtroom prior to testimony concerning the sexually explicit cellphone photos taken of Michaela and one that appeared to be Hayley. I do remember vividly , the police officer that describe the cell photos one by one on the stand
whispering I'm sorry to Dr Petit as he walked away from the witness stand.
Now while I don't expect every witness who has potentially upsetting testimony about the Petit children to
whisper apologies to William Petit, I did expect a lot more sensitivity of behalf of the medical examiner whilst launching into such needless blow by blow account of his autopsy methods.

And here we are once again at the same painful juncture within Joshau Komisarjevsky's trial,
 However this trial has been considerably less humane for the family of the victims,as well as the one surviving victim himself William Petit Jr.

The reason for the difference is simple; this trial has become a free for all, a platform for public defender
 Jeremiah Donovan, the same attorney who came played the sensitive, empathetic lawyer just after the murders occurred and the announcements were being made as to who would be representing whom within States Attorneys office. His words still ring in my ear " I too have a beloved wife and daughters he said, sounding as sympathetic as possible,yet still reiterating his intention of " giving Joshua the vigorous defense that he is entitled to by law"

If anyone were to pre-suppose which attorney would be the more problematic and aggressive it would have
been the clearly more  pugnacious Attorney Thomas Ulmann who unlike Donovan made no such attempt at appearing empathetic, and indeed started off swinging so to speak,from the get go;

At Hayes probable cause hearing, which was technically waived, Ullmann used the court time nonetheless to air his complaints regarding the medias coverage of the murders and he'd actually had  figures regarding how many online blogs had articles about the crimes in them. I remember thinking, well if your client hadn't raped and murdered a mother of two after she complied with you and your sidekicks demands, and then murdered her two innocent daughters by pouring gasoline on and around them and their bed linens...the articles would not be written. In the meantime Mr Ullmann was pushing for a Gag order which was in fact placed upon the case at a later date.

His arrogant best defense is an offense  approach to the crimes,painting his admitted rapist/ murderer,client
 as a victim - in this case of the media is far too common but rarely is it taken to the type of extremes that Komisarjevsky's lead counsel is taking.

At some point midway through the pre-trial process, actually as Komisarjevsky's trial date neared, Jerry
Donovan decided that he would peel off the whole sensitive decent attorney just doing my job act,
and try to make a name for himself by being an rabid contrarian in such a willy nilly fashion that defies logic,
not to mention good lawyering.

He has been perpetually arguing against things that are not even remotely arguable, floundering,throwing as much nonsense out hoping that something sticks, providing him with ammunition for a mistrial or a valid appeal.

This latest bid for a mistrial based upon the Petit family leaving the courtroom  prior to the presentation of
upcoming disturbing  testimony, shows a lawyer that is desperate grasping at straws. His assertion that
the"en mass "departure of the victims family was"highly prejudicial to his client" in the first place is ludicrous,
but to go that one step further and attempt to move for a mistrial based upon it, this shows a serious lapse in Judgement for this defense,and it's far from the first of it's kind.

Last weeks Donovan also moved for a mistrial claiming that Judge Blue's concern for a Juror who was shaken and crying over the crime scene photos of Michaela's body,compromised the entire trial, once again
citing something innocuous and indeed a often necessary component of any violent crime trial especially involving abuse and murder of minor children.

Attorney Donovan claimed that the Judge Blue' address the court, citing that one of the jurors is having a hard time and thus this would be a good time to end the days proceedings" was again " highly prejudicial to his client"

No comments: