Steven Avery Jury Trial Day 19 - 03.08.2007

As I reach Day 19 in the trial transcripts, I honestly wonder why Att. Strange is so unorganized and inattentive to the on-going daily testimony. His cross-examination of Det. W -- the previous day -- was so disjointed that by the time he got to his target-point (the "EX 9..." on the blood vial) the triers of fact may have wondered Where was Det.W's testimony wandering? Det. W's recollections on everything had drifted on and on and had seldom seemed as if there was any point to it. Thus, boredom may have descended over the target-point and perhaps the triers of fact may have drifted softly into slumber.

Then on Day 19 Strange's primary defense witness is introduced: the school bus driver. As an eyewitness, she can place TH -- with more than a simple degree of veracity -- on Avery Road on Oct 31 taking pictures at 3:30 to 4:00 pm. Yet Strange fumbles through her opening testimony as if he is hearing it for the first time, and has discounted its importance. Prosecutor Gahn then steps forward, on cross, and within five minutes has confused Bus Driver LB so much so that her testimony is suddenly as loopy as a piece of swiss cheese. For example, Gahn has introduced a possibility that perhaps LB has seen TH taking pictures of cars, not just the specific "junky van" which LB has described several times in her opening statement. Then Gahn also infers that LB may have seen these cars and the photographing of same on just about any day that year!

Everything at the end of Gahn's cross-examination screams for Strange to put that infamous picture of BJ's "junky car" on the screen for LB to regroup her thoughts and clarity about who-what-where and -when she has seen it.

But does the absent-minded Strange do this? No. He allows Gahn's introduction of Exhibit 81, a computer-generated, generic, overview of Avery Road to remain on the screen, and fails to introduce the actual picture of BJ's "junky van".

I am sure that the disoriented bus driver must have wondered why Strange so strangely let that useless overview of Avery Road remain in her attention without re-orienting her to the specific "junky van". After all, that "junky van" was specifically why she lay awake one night that week, wondering why anyone would take a picture of a "junky car", not cars as Gahn has inferred.
 
ppg. 197 to 205 leads to a long discussion -- another 15-pages -- between attorneys and the Court outside the presence of the jury and the witness . The issue at hand is one of probative value of DK's testimony vs. its prejudicial bias. Good stuff...interesting. The trial ends for the day on a cliff-hanger: Will DK's testimony continue? :judge: :drumroll:
 

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