Deputy Public Defender Casey Russo had several photos, including one of Tim Smith smiling with Jon Goldberg, as he made his opening statement.
"This case is a perfect storm. An event in which a rare combination of circumstances drastically aggravated an event."
"Mr. Bernthal gave you his rendition as if it was a straight line. September 26 was not a straight line. It was chaos. It was a mess."
"A story about human frailty, human emotions; a story of love and betrayal."
"What this case is about is not cold blooded murder."
Mr. Russo said Jon Goldberg will testify. The defense will put evidence on how Tim Smith led Jon Goldberg to believe he was a friend and after the affair, Jon Goldberg realizing that Tim Smith wanted to steal his wife and son.
Rachel Goldberg was talking divorce abd custody of her son. After telling Jon Goldberg about the affair, he returns home to find Rachel Goldberg and his son gone.
Acknowledging his client is not perfect;Mr. Russo said we are going to present him, "warts and all."
Mr. Russo said that Jon Goldberg had a small grow, he did drink and smoke marijuana but he was not a murderer. He wasafatber, son, brother and ahusband.
Mr. Russo disputed the claim by prosecution that Rachel and Jon Goldberg's relationship was "toxic."
The fear of losing the love of his life, Rachel Goldberg and his son was one of the many things on Jon Goldberg's mind on September 26.
Previous posts:
https://johnchiv.blogspot.com/2018/02/this-case-is-about-decision-made-by.html?m=1
https://johnchiv.blogspot.com/2018/02/pre-meditated-murder-or-tragic-chaotic.html?m=1
So as I understand it, this case is about Goldberg’s wife who was having an affair with the victim, an otherwise upstanding citizen who was a public servant. If Goldberg was reacting under the passion of and learning about the affair then Mr. Russo is correct and this case is the hallmark of Voluntary Manslaughter or sometimes literally called a Heat of Passion killing). Now the problem comes if Goldberg pondered or thought about what he was going to do then VM can quickly become Murder. Just from the basic facts this case appears to be an uphill climb for the DA as a Murder prosecution.
ReplyDeleteDan White did five years for assassinating Mayor Moscone and supervisor Harvey Milk using diminished capacity as a defense. Wouldn't you offer a plea deal and get it over with ?
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