Mar 5, 2018

I' d seen Jon Goldberg standing with a gun in his hand. "


"I recognize him as the man who shot my father," said Tim Smith Jr.  "I loved my dad so much."

Smith Jr stared at Goldberg a few times as he testified today.

His entire testimony and cross took an hour with more of the time spent with  Deputy District Attorney Luke Bernthal questioning him.

Smith Jr had not seen Jon Goldberg until the night before.

He wasn't sure what time he woke up that day  but said he usually does around noon. Shortly after he woke up, he was playing video games. "I heard yelling, heard a car pull up."

At first he did not pay attention due to the construction going on at that time.

"Then I heard pops. I immediately dropped my controller. I' d seen Jon Goldberg standing with a gun in his hand. "

Smith Jr said he fell to the ground. "I crawled to my closet where I had my gun." He realized he did not have any ammunition.

Smith Jr said that saw Goldberg who was 20 feet from his RV and " not far from his (Goldberg's) car."

"I didn't see my father until I heard my mother scream."

There were some additional details that Tim Smith Jr provided today that he did not provide at the preliminary hearing.

One example: Smith Jr. said he got up in his trailer thinking, "He is going to shoot me. He is going to fucking shoot me; not my mom."

Smith Jr testified after the police arrived, " his memory fades."

There were some valid questions raised by Deputy Public Defender during cross examination and Tim Smith Jr. did not deny those differences.

At the preliminary Smith Jr said his father's truck doors were open. Not in today's testimony.

"I vaguely remember saying that, my memory is gone," responded Tim Smith Jr.

Mr. Russo's cross examination was effective; how effective ? Until the verdict, no one knows what the jurors are thinking.

There was one glaring inconsistency hard to ignore.

During direct testimony , Smith Jr said he didn't recall going inside the house but he also said he checked firearms in his father's bedroom after he heard gunshots.

Moments later during cross, when asked about his preliminary testimony about a firearm lying on the bed; Smith Jr said he put it there between hugging his mom and the police showing up.

Previous post:
https://johnchiv.blogspot.com/2018/03/with-final-outcome-of-jon-goldberg-case.html?m=1

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