The day began and ended with the attorney's litigating issues outside the presence of the jury. The Judge's ruling on the admissibility of the animation evidence and content from the victim's cell phone could provide the defense with the evidence necessary to erase what is left of the state's proof beyond a reasonable doubt.
When testimony was presented, it centered on the interpretation of the voices on the tape and the reliability of eyewitness testimony. Both of these are key areas that the jurors must consider during their deliberations.
The defense's expert was allowed to opine on not only the gunshot residue and forensics, but also about the extent of the injuries suffered by the defendant.
As each witness testified, it becomes more apparent that the defendant will not take the stand. He has no reason to testify, he has already testified through dozens of state and defense witnesses. This conclusion appears more certain now that the defense has announced that their case would conclude on Wednesday.
The prosecution has a tough job ahead of them in presenting their rebuttal case. They have a lot of area to cover in an attempt to rehabilitate the theory of their case and prove manslaughter, let alone second degree murder.
Wednesday and Thursday will be pivotal days for both sides."
David Weinstein heads Clarke Silverglate PA's white collar criminal defense practice. His areas of expertise include corporate compliance, asset forfeiture and recovery, money laundering and fraud cases.
Before joining Clarke Silverglate, Mr. Weinstein was an Assistant United States Attorney and an Assistant State Attorney in Miami Dade County. Prior to leaving government practice, he served as Chief of the Public Integrity/National Security section at the US Attorney's Office.
He has 25 years of practice in criminal law and his courtroom experience includes more than 100 jury trials ranging from burglaries and homicides through international money laundering and drug trafficking cases.