Jul 28, 2015

"Law enforcement is not on trial, what law enforcement did is not germane to whether Mr. Kufner touched Jane Doe #1 inappropriately."

Mr. Curtis gave his rebuttal argument right after Mr. Russo's closing. "Mr. Russo said that the defense does not have to prove anything, that's true. The prosecution has to prove, the prosecution brought evidence."

"Mr. Russo brought up a lot of stuff about the DA and law enforcement." Then Mr. Curtis said there was so much to address.

Law enforcement is not on trial, what law enforcement did is not germane to whether Mr. Kufner touched Jane Doe #1 inappropriately."

"You heard from Ms. Baxley (DA Investigator) about the CAST interview. She testified about her training. CAST is done so the minor victim does not have to state traumatic experiences over and over again."

"A surprise interrogation is done for a reason. You don't give a suspect time to think up a story."

"Did the removal of the snippets in context change their meaning in any way. You will have the entire interview, you can listen to it. Have I in any way changed the evidentiary meaning?"

"Mr. Russo talks about her troubled past. It is difficult for me to say. Her father died, her mother went crazy. Which brings me to bedwetting that Mr. Russo is so interested in, children sometimes bed-wet. In this case, there were plethora of reasons that she may have wet the bed. I don;t see how bedwetting is even an issue. Mother said she was able to change herself. It is a bit much to say that she lay in bed all night long."

"There are a number of people Jane Doe did not disclose to, CWS, CASA. You have to look at it from Jane Doe #1's perspective. This is the first time she has had stability. Her little sister is very happy. Mr. Kufner takes care of them. In all of this whirlwind, there has only been one person who has been consistently there, Jane Doe #2. She will go where Jane Doe # 2 goes. Children make a trade-off. I'm being molested versus stability. She disclosed when she felt safe to do that."

"Just because it has not been reported doesn't mean it did not happen."

"As you are deliberating, focus on the evidence you have."

"How is Jane Doe going to hold accusations for a year and a half just on a suggestion from her mom?"

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