"You are putting words in my mouth sir"

45 minutes of cross examination and re cross by Deputy District Luke Bernthal this morning, same failed strategy but there were about five minutes of that cross were he was effective.

This sliver of effectiveness was when he questioned Jon Goldberg on the wounds Tim Smith.

Jon Goldberg never used the words self defense in his testimony but when has that stopped Mr. Bernthal. At one point, Goldberg said, "You are putting words in my mouth, Sir."

Jon Goldberg did not lose his cool but Mr. Bernthal did. He also interrupted Goldberg twice before he finished his answer. That is a basic court ettiquette and something Judge Graham Cribbs went over with every witness.

How effective those five minutes will be compared to another focused, effective re-direct by Mr. Russo. Jon Goldberg broke down on the stand for the first time. His humanity and emotions coming through.

"Mr. Goldberg is it easy for you to testify?," asked Mr. Russo. "You heard the jail call. You have been in jail since September 26. Have you had the opportunity to talk to friends about any of this? Have any way of processing events of September 26 in jail?"

"Can you show emotions in jail?," asked Mr. Russo.

"It shows weakness if you show emotions in jail.," said Goldberg. As he said this, he broke down.

Mr. Russo: "How do you feel when the District Attorney calls you a murderer?"

Goldberg: "That's not true. I am not a murderer."

Mr. Russo summarized the hurt and betrayal that Jon Goldberg experienced on September 26.

Mr. Russo: "When the DA tries to pin you down to a feeling, is that difficult?

Goldberg: "Yes."

Mr. Russo: "How do you feel when the DA calls you a spousal abuser?"

Goldberg:"It's a lie."

Mr. Russo: "Are all of your family as forgiving of Rachel as you are?" Mr. Russo asked if Jon Goldberg still loved Rachel Goldberg.

Goldberg: "Yes, my love is unconditional."

Mr. Russo asked Jon Goldberg, that while he was in custody, if he learned something about Rachel Goldberg.

"She let someone in. She went home with another man. She moved in with another man. She took my son away from my family," said Goldberg.

"You are in jail, you have to rely on other people," said Mr. Russo. He was referring to information Jon Goldberg gets about his wife, his son, family.

Mr. Russo asked how many hours of phone calls the DA could go through of all the conversations Goldberg had in jail with people.

Goldberg said he could not put a number.

"So they cherry picked 25 seconds of a conversation with your mother," said Mr. Russo.

"Before September 26,2016, Monday morning would be" and then Mr. Russo described a normal day for Jon Goldberg.

"Yes," responded Goldberg.

Mr. Russo: "Is it normal for Jon Goldberg to take a gun and strap it?"

Goldberg: "No."

Mr. Russo: "Was your head in a clear space on September 26?"

Goldberg: " No."

Mr. Russo: "Were you in a logical/rational frame of mind on September 26?"

Goldberg: "No."

Bringing up the events of the day, especially the moments when Jon Goldberg saw Tim Smith and the shooting, Mr. Russo asked Goldberg if all this was happening "in a measured space and if he had time to think it through."

Mr. Russo was able to ask all this in about 15 minutes versus Mr. Bernthal's 45 minutes.

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