Dec 12, 2014

"I believe the evidence that was presented to you in the last week was mistakes by HCSO and Mr. Nelson; the difference is Mr. Nelson made a justified mistake"

After Ms. Neel gave her closing, Mr. Greg Elvine-Kreis, William Nelson's lawyer, got his opportunity to address the jury.

"I believe the evidence that was presented to you in the last week was mistakes by HCSO and Mr. Nelson; the difference is Mr. Nelson made a justified mistake."

Mr. Elvine-Kreis' presentation in comparison to Ms. Neel's closing argument was lackluster.

At first, he went over reasonable doubt, credibility, terms and definitions the Judge had just finished instructing the jury about earlier. He did not give specific examples or use exihibits in the way Ms. Neel did. Closing arguments are the attorney's opinion/theory and Mr. Elvine-Kreis' clsoing argument was just that, all opinion.

He also said, "I don't know for sure, I'm not calling the deputy or expert a liar", several times. That does not challenge the people's theory, it is just neutral.

He blamed HCSO officers for "lack of planning." According to him, that better planning was HCSO sending more officers and an armored vehicle to serve civil papers.

Earlier, in the morning when he questioned Lt. Morey, the only defense witness, he said his client had a rapport with Sgt. Swithenbank. In his closing, Mr. Elvine-Kreiss admitted his client hated Sgt. Swithenbank.

He brought up expert testimony on shell casings but just referred to one saying"generally these bullets would fall right and behind." That is not the same as the expert saying that is the only case. He tried to discredit Deputy Cao's testimony.

Mr. Elvine-Kreis' closing argument brought back flashbacks of the Bodhi Tree defense. Essentially, the same script as in Tree's case: blame the officers, question DOJ experts and character assassination of prosecution witnesses. In the Tree case, that tactic did not work.

Will it work in this case? Mr. Elvine-Kreiss only has to convince 1 juror. In Humboldt County, with the anti-law enforcement, "I'll do what I damn please, damn everyone else" mentality, chances of finding one juror is not that difficult.

In Mr. Elvine-Kreis' defense, he did not choose his client. This is his job as a public defender.





1 comment:

  1. I don't think Humboldt County is any more "anti-law" than anywhere else. This is a place where it is more permissible to let one's "Freak Flag Fly" but I don't think that naturally translates into a large following for Anarchy.

    Having said that; I've served enough juries to know that just one loony-tune is all it takes to make everything a waste of time and effort.

    And our loony-tune supply is generously kept full.

    Anti-law? Not so much. Anti-able to form a coherent thought... oh yes!

    ReplyDelete

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