Monday, November 16, 2009

Trial: Sixth Day - Part I

Here at last is Angela's account of Thursday's proceedings in Kevin Driscoll's trial at the Deschutes County Circuit Court in Bend, Oregon. I apologize for not posting this in a more timely manner:
"Court has been out for a few hours and I’ve sat here thinking how I can possibly summarize the things that happened today. I think the best way to set the tone is from a quote from the wise and prosecution-happy Ms. Jody Vaughan herself.
“'You’re so funny. You think I’m smarter than I am'. ~ Prosecutor Jody Vaughan, talking to Defense Attorney Ted Coran.
"Indeed Jody, perhaps we did.

"The morning started a little late. There were high school kids from some sort of field trip filling the courtrooms. Stress was at an all-time high. I guess I should have known today would be a day to remember, but I had no idea.

"The defense started by showing the jury the video of Melissa’s original statement to Detective Chris Wick. Laughter filled the courtroom, and no, it wasn’t from the kid—it was Melissa herself, on video. Believe me, it is as ridiculous in person as it sounds in writing. Jody of course objected a few days ago, when Mr. Coran made it known he wished to show it, but the judge allowed it as long as we removed any mention of her previous sexual “bad acts”. Fair enough, consider it done.

"After giving the prosecution a copy of the video, Jody asked the defense to please make a few more changes: she wanted us to remove the part where Melissa says her and Patrick Murphy are just friends, along with all the laughter. I know most of you haven’t seen this, but it is 90% of the video. It shows Melissa laughing about her description of her “attacker”, Melissa laughing about how she got a ride from one bar to another by a complete male stranger she’d met that night before meeting up with Dennis and heading to Kevin’s. It shows her laughing about her “rapist” telling her he will never let her leave. She laughs about telling Kevin she has a husband and a boyfriend—the list goes on and on, but I think you get the picture.

"The jury left the room, and the judge asked both sides what their plans were. Jody told the judge she had 3 witnesses left to rebut our witness Dr. Terri Haddix, and to talk about rape and sexual assault victims. Mr. Coran said he wanted to ask Melissa a few more questions, after seeing the video, to clarify her statement. Then the defense would rest. Jody’s jaw dropped to the floor. I knew this was coming and I was staring at her, awaiting her response. Her brain short circuited. She’d already subpoenaed witnesses from out of town to rebut Kevin on the stand. She’d been waiting to tear him apart, but she wasn’t getting that opportunity! Regardless of what you read, please trust me that this was the best part of the day.

"In the interest of saving taxpayer money, and not keeping a hired witness waiting, Jody called Dr. Richard Fixott to rebut our forensic pathologist Dr. Haddix. Dr. Richard Fixott is a dentist and a forensic odontologist in Redmond, OR. He has an extensive resume and frankly, I expected him to have something to say in regards to the “bite mark” on Melissa’s chest. Detective Wick found him at 8:00am yesterday morning.

"Dr. Fixott wasn’t made aware of the case. He said the cluster of bruises could be the size and shape of teeth, but could not be certain on any level that it was indeed a bite. The only thing he would say for certain was that he could not exclude the mark as a bite.

"He knew that when Melissa claimed she was repeatedly bitten in the same place, she and Kevin were face to face—however, he did not know they were in the middle of sex. He also had no idea of the height difference between Melissa (5’3-5’4) and Kevin (6’5) and came up with a way that the bite could have taken place; Melissa, flat on her back, Kevin turning his head to the side and biting with the side of his mouth. (Again, the difference in height: Kevin would need to bend his body in half to shrink himself down to that level.)

"Even Dr. Fixott didn’t buy his own concocted story. I kind of felt bad for him—he seems like a very smart guy who just got roped into a bad situation. But then it went from bad to worse when Jody had the guy demonstrate, on herself, how Kevin would have had to been positioned to bite her in that manner!!! (They were standing of course, BUT STILL!!!) The entire room laughed at the sight. Oh dear me… this day keeps getting better and better!

"Okay, back to the defense. After some arguing and disputing, it was decided that Mr. Coran would be able to recall Melissa to the stand to ask her 4 questions regarding her interview with Detective Wick on March 31, 2009.

"1.) Did you tell Det. Wick that you left several things out of your initial report in January? YES

"2.) Did you tell Det. Wick it was because you thought the information left out would possibly be brought up in trial at a future date? YES

"3.) Did you tell him that you were dating Patrick Murphy at the time of the report? YES

"4.) Did you tell Det. Wick you were embarrassed to tell Patrick Murphy that you had unprotected, consensual sex with another man that night? YES.

"It is now clearly on record that Melissa is a liar. She perjured herself, and the jury knows it. It’s on record.

"Defense Rests, your honor. But don’t be sad my friends, the fun is not over yet. It gets better. In the words of Melissa in describing her “rape”, things got “way crazy” in the courtroom."
Since the report for this day is rather long, I prefer to break it up into two parts. Part two will be posted in the near future.


Anonymous Jared said...

Ok, so she's purjured herself. Am I right in thinking her being prosecuted for this crime would rely on the actions of those same prosecutors who put her on the stand in the first place?

Justice seems unlikely.

4:05 PM  
Anonymous Anonymous said...

This makes me sick. I can't beleive this DA still has a job.

4:27 PM  
Blogger Fidelbogen said...

I will have much more to blog about this case, even after Kevin is acquitted. (Which seems almost certain now. I've been told that the prosecuting attorney has *apologized* for bringing the case at all. . .)

4:47 PM  
Anonymous Anonymous said...

She more or less apologized as a half assed attempt to cover her own butt. From what I understand it was less than sincere. She is scrambling to salvage this circus she calls a court case. I have also heard from a very reliable source that Jody has been following the blogs and has some hurt feelings over the content. Maybe this is a good time for her to reflect on her tactics and take a good look at her own ethics and morals...

6:22 PM  
Blogger Angela said...

Jared, what if I were to suggest there was an e-mail from Mike Dugan himself confirming prosecution of this girl if she is found committing purjury? What do you think the odds are good ol' Mikey will be a man of his word and follow through!?

6:24 PM  
Blogger Jared said...

Angela, heh, I guess we'll see.

1:56 PM  

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