Tuesday, November 17, 2009

Trial: Sixth Day - Part II

Here at last is Part 2 of Day Six of the Kevin Driscoll trial in Deschutes County Circuit Court, Bend, Oregon:
"Deanna St. Germain, a Physician at Kids Center (a child abuse center in Bend, OR) took the stand."

"Deanna was going to prove that there is no way to date bruises. She spent three minutes talking about her qualifications, and it was funny because she never said anything about, I don’t know, GRADUATING FROM MEDICAL SCHOOL. Basically, she is a physician and a glorified chiropractor.

"For the next 20 minutes or so, she regurgitated word for word what our expert, Dr. Terri Haddix said on Friday. She then read excerpts from 4 articles talking about bruise dating in pediatrics. She had a few posters with this literature printed on them, presumably to let the jury know that someone actually wrote this and that she wasn’t making it up. I don’t know, it was pointless.

"The most interesting thing that came out of her mouth during this recital was when she stopped reading to clarify to the jury that some of the research came from England, Australia and the like, and that they spelled the word COLOR as COLOUR—which was not her way of spelling it! Thank you Deanna, I’m glad you cleared that right up for us.

"She went on to say that yellowing of bruises has never been found in bruises less than 18 hours, and then read another article that stated 24 hours. HELLO. . . We are talking about 7-10 hours, and there was distinct yellowing on more than just a handful… SO OBVIOUSLY, THOSE ARE INDEED OLDER THAN 24 hours! Jody then asked Deanna to talk about the stages of a bruise and how it starts, and her own witness replied "I don’t know, I didn’t read that in an article." You can read that again if you want to, but I can assure you that you read it right the first time. She hadn’t read the answer in one of her 4 articles she submitted to the prosecution so she simply didn’t know the answer.

"BRILLIANT, JODY! Great witness. (Dr. Terri Haddix did a first-rate job explaining this to the jury and if any of you are curious, I’d be happy to give details. Yes, some of us are aware of the basic lifestyle of a bruise!)

"The first question of her cross-examination concerned her education. I mean, she was represented as a doctor when she was called as a witness, and as far as I know, doctors have to go to doctor school, but apparently if her credentials are good enough for Jody, then they should be good enough for the jury. . right?

"She went on to tell the defense that she doesn’t think she has ever looked at a bruise on a cellular level and if she did it would have been 26 years ago while in college. She also made it clear that she has never testified on behalf of the defense, but has for the prosecution (in another town) around 300 times.

"Deanna went on to say that dating bruises is an outdated practice. She was quoting something from her “favorite” of the 4 articles, written in 2002, that just said you can’t date beyond 24-hour increments. However, in an article that was written two years later, it seemed to give a thumbs up to dating bruises, even when not considering the other elements besides the COLOUR. I scratched my head after she was done on the witness stand. For a minute I thought maybe she had just testified for US!

"Moving on, I wish that one of you MRAs could have been in the courtroom for the next witness—if only for a minute! I’m quite certain she is the poster child for all that you despise. I recorded the testimony, but it doesn’t do justice to the 3-ring circus that broke loose late this afternoon. I’m still a bit mind-boggled as to WHY ON EARTH Jody called Dara Pearson, of Saving Grace (a shelter for battered women & domestic violence) as a witness for this case. The relevance for what she had to say was ZERO.

"For some of you, I think that is enough said regarding her testimony, but I must fill you in on what happened. It was most certainly a “ya shouldda been there” episode, but I will do my best to highlight some of the finer points of the interview. The woman was bat-shit crazy and a prime example of why you don’t do acid while pregnant. Every single word she spoke was looong and drawwwn out and followed with a facial expression that reminded me of a rat sniffing out some cheese.

"Jody asked her to talk about how a typical victim would act after a rape. Dara talked about fight or flight and “freezing” when the person’s brain shuts down and prevents them from functioning or thinking. Jody asked her a hypothetical question about what was her opinion of a victim… excuse me, a survivor… who is seen partying at the bar a month after their rape. I’m pretty sure Jody was doing her best not to jump the table and strangle this woman herself, after the third time she had to re-explain the question, only to discover that Dara understood it the first time but just didn’t realize “survivors were not allowed to go out” was relevant.

"Jody asked her what her opinion would be if a “victim” was laughing and she said that unfortunately when women choose to go to the police too early, they are rushed from their process of healing and are likely to laugh. Laughing about an attack is a normal response. Laughing about being scared for your life is normal. Laughing about describing your attacker is okay. Good grief!

"I would like to say that her testimony did not require a cross-examination, but ooooh did she ever get one! In essence, she was ripped apart to the point of destruction and I don’t think Jody even cared. Mr. Coran asked her about her qualifications. She is an “Intern Counselor” meaning she is STILL IN COLLEGE AND REQUIRES SUPERVISION. She has NEVER testified in a rape case before and has only handled about 8 rape cases in the past 6 years. She has never read a word about this case, not the police report, not the interview with Melissa, not anything.

"But somehow in all her wisdom and brilliance, Jody thought it would be a good idea for the jury to hear this woman speak. WRONG! She got in an argument with the defense about the pronunciation of a word in order to avoid answering his questions. And when she was allowed to step down from the witness stand, she glared at everyone and stormed out. I’m fairly certain that at this exact moment Dara Pearson is sitting at home poking needles in the eyes of a doll doing some weird séance with all her liberal lesbian friends praying for the demise of mankind. Kinda makes a girl giggle.

"In her desperation to regain control of her case, Jody called Detective Chris Wick to the witness stand. She had him re-read Dennis Bakers statement to the police, the one that Dennis stated was inaccurate to what they said, and explained that they made several attempts to talk to him, but he was not forthcoming with information and never spoke to them after the initial photo lineup. This was really brief… maybe 5 minutes in total.

"Team Kevin was left scratching our heads to the relevance of this. Yeah, it didn’t look good for the prosecution that Dennis basically said they fabricated his statement, but it was such a minute detail they were disputing (whether or not he said Kevin was 6’4 -6’5) that I don’t think the jury really cared about it… so why were they making it into a big deal? After some conversation on the matter, we think maybe Jody was trying to leave herself an "out" if this goes bad for her: maybe she was trying to point out that if Dennis would have given them more information, they wouldn’t have gone after Kevin the way they did. Now, we all know Jody isn’t going to give up—but it was a nice sentiment I guess, and a nice cover for her ass.

"At this point, I half expected Jody to call her good friend “Thomas Foolery” to the witness stand next, but luckily for the sanity of everyone in the court room, the prosecution rested.

"The defense was ready to go into closing arguments today, however, the judge decided for his own reasons to hold off on them, and on jury deliberations, until next TUESDAY. That was the one shitty thing that happened today. If the jury would have gone into deliberations immediately following Jody’s last witness, I am confident of the verdict. The astronomical amount of smirking, eye rolling, and smiling was a good tell of what they were thinking.

"I think they were annoyed with Jody for wasting their time with useless testimony and I worry a little the four day weekend will give them time to forget what they’ve been hearing and cool off.

"I feel that Ted Coran has done an incredible job handling this case and the shenanigans thrown his way and have 100% faith that he will deliver a closing argument that will leave a lasting impression in the minds of the jury—but I will not put the cart before the horse!

"Kevin is doing as well as can be expected. There was some definite disappointment with the judge’s decision to hold off on ending all this, but I do think some confidence was gained and for that I am grateful. It’s about time Kevin got his life back.

"This will be the last update until next Tuesday, when I will hopefully be updating you with a simple & sweet NOT GUILTY. Please keep Kevin in your thoughts and prayers for the next 4 days. He can definitely use the support. Once again, and as always, thank you thank you thank you, for all your care and concern and interest. All of you posting, commenting and reading are truly helping Kevin to get through this one day at a time.


As for Tuesday's session, I have just gotten an e-mail from Angela as follows:
"Closing arguments took all day . . . No verdict. :("
And I replied to Angela thuswise:
Sorry about the letdown. Stay tuned.



Anonymous Anonymous said...

I´ve come to the conclusion, after following this from the beginning, that when it comes to the policeforce and the prosecution, the name of the town is meant to be taken quite literally.

2:18 AM  
Blogger The Archivist said...

I have to agree with Angela that the prosecutor is giving herself a way to lose the case and still look like she is tough on crime. She appears to be intentionally setting up a loss. I can only surmise that she knows she never should have brought this to trial, but is unwilling to admit she F**ked up, and is presenting a losing case to the jury.

I just hope that the voters there will not play this crappy game, and kick em out of office next election.

All the best,

E. Steven Berkimer

2:27 PM  

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