wharfrat
Active Member
- Jul 1, 2011
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Yeah, but let's not overlook the key fact.
The defendant only has to worry about the appeal if he loses the trial.
While possible, I see that as HIGHLY unlikely at this point.
I think the prosecutors have got to be feeling pretty deflated.
Their stupidly brought horrible case went in even more poorly than it deserved to go in. And to end up with Dr. Bao testifying like this -- notes and all -- has got to feel terrible from their professional perspective.
I see very little reason (i.e., I see almost no reason at all) to believe that the judge will grant the expected defense motion at the end of the States case for a dismissal. (In NY it would be called a trial order of dismissal.) But that would certainly be a more rational outcome, based on the "quality" of the State's case, than continuing this clusterfuck of a trial.
Oh I agree; an acquittal is in the cards. And I also agree that this is a massive embarrassment to the Prosecution. I'm just brainstorming and counting the number of times the train has left the tracks during the last week.
I also wonder if the doctor's testimony might not raise appellate issues as to prior convictions (i.e., convictions of other defendants) wherein the doctor was the expert witness who (maybe) had notes which he failed to share with the State and the defense.
It certainly makes you wonder how "Independent" the "Independent Medical Examiner" is. In the area I live in, several convictions were reversed on appeal due to IME issues and prosecutorial misconduct. I'll have to research it further to see if I can find any similar circumstances to this insanity.