Jan 22, 2018

"It was the same exact thing each time. He was not pleasuring himself?"


Deputy Public Defender Luke Brownfield's closing argument in the Edward Winkle White  jury trial  was a predictable strategy.

Attack the credibility of the victim.

He read two transcripts, one was the exact testimony I covered when Jane Doe was on the stand.

In both examples, he said that Jane Doe "changed her story" when he cross examined her. The jury heard the testimony. They can  ask for readback. What he read in court was not earth shattering and open to interpretation why a question asked and asked by the prosecutor versus the alleged abuser's attorney would not be identical.

Jurors can refer to jury instruction 226 when they evaluate witness testimony.

Mr. Brownfield said that, "we got three different last times that I counted," then said two, and then, "Why two different stories?" Because when you are not being truthful, you need to make up stories."

Mr. Brownfield said there "was extreme lack of details and no changes in emotion" when Jane Doe described what White did to her.

"It was the same exact thing each time. He was not pleasuring himself?"



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