Bernthal rebuttal long on conjecture, short on evidence

Deputy District Attorney Luke Bernthal in his rebuttal argument this afternoon provided the same ole, same ole.

As he has done throughout the case, Mr. Bernthal stated flat out opinions as facts. Opinions he provided no evidence for during the trial. Of course, he throws in one factual statement in between several mistatements.

Mr. Bernthal reading from his timeline:

"The defendant refuses to say it is an accident" (False)

"The defendant refuses to turn himself in" (True)

"The defendant disposes of his weapons" (false)

Covering this trial has been a nightmare between the Jerry Springer shit show, the one resident crackpot these drama filled cases attract and the complete waste of time that is the prosecution's case.

Even after a pathetic case, Mr. Bernthal is smug. To make it worse, he called the Goldberg family liars. Talk about desperate and unprofessional.

If this is something DA Maggie Fleming is proud of, then we need to question how our tax payer dollars are being spent to fill a Deputy District Attorney position in Humboldt County.

He flashed jury instruction CALCRIM 302 on the screen; evaluating conflicting evidence. Then smugly said,"let's look at the story" the defense is trying to tell.

The defense witnesses were more credible than the prosecution witnesses. There were way more inconsistencies in the prosecution's witnesses than the defense. So, what is good for the goose is good for the gander.

Mr. Bernthal's demeanor started out slightly better but then his boss, DA Fleming, was in the room. Just like it did during the trial, it sank faster than that the Titanic within minutes.

His rebuttal included going on and on about the one witness that was a disaster; Steve Shapiro. Going over and over one inconsistency about the van. It was admitted by Shapiro, Jon Goldberg and the defense and explained many times.

At this point, he was almost an hour into his "rebuttal."

Something he said about Shapiro actually benefits the defense. Mr. Bernthal said that Shapiro did not know the first interview was being recorded. So, Fortuna Police Department recorded Shapiro without informing him and consent?

Doesn't matter what word Shapiro used because his testimony changes, he uses different words within minutes and he never used the exact words Jon Goldberg did.

The prosecution has just used whatever word or interpretation suits them throughout the case. That does not prove someone said those exact words.

There were inconsistencies in Jessica Springer's testimony and Tim Smith Jr's testimony. Some of us covering this trial also covered the preliminary. We heard  all the testimony ourselves in both proceedings.

The prosecution can play any selective part of tape during closing they want. The jury heard inconsistencies in Springer and Tim Smith Jr's testimony in this jury trial.

Compared to all the other witnesses, Jon Goldberg hid the fact that he and Shapiro ditched the van until he took to the stand. And Mr. Bernthal has harped on that one mistake to call him a liar.

I left  early. I covered this case in detail.  Nothing in closing argument is evidence. The jury has to sit through Mr. Bernthal rehashing his case and wasting time as he did through this entire trial; I do not.

 Mr. Bernthal has failed to provide even one, independent credible witness that proves Count 1, 2 or 3 as charged.