Deputy District Attorney Luke Bernthal started his cross examination of Jon Goldberg around 3:15 by asking Goldberg his height and weight. At least that question made sense and why he would ask it.
When he will use that information, we will just have to wait with "bated breath." But first we have to endure minutes and hours of endless torture aka Mr. Bernthal taking a whole lot of time to deliver nada.
He spent 15 minutes talking to Goldberg about guns. Goldberg has not denied shooting Tim Smith. There has only one been kind of gun mentioned. So what's the point?
Mr. Bernthal continued his cross examination for another 10 minutes firing question after question at Jon Goldberg.
Mr. Bernthal: "Mr Goldberg, it's true you are a liar."
Goldberg: "No, Sir."
Mr. Bernthal: "You remember your attorney's opening statement?" Then Mr. Bernthal stated that Mr. Russo said "after the shooting you left, your van broke down and you hitchhiked."
Goldberg: "That part is untrue."
First, Mr. Bernthal summarizes what has been said or testified, then just restates it in his words as fact. We know how accurate he was in quoting Judge Gregory Elvine-Kreis.
Second, Deputy Public Defender Casey Russo had just addressed this in his questioning of Goldberg minutes ago and Goldberg explained why. (See previous post.)
Third, one statement does not make someone a liar. Maybe Mr. Bernthal should count the number of inconsistencies of his key witnesses and court testimony that impeached one of his key witnesses.
Undeterred and desperate after a day of two excellent witnesses and Jon Goldberg's testimony, Mr. Bernthal would not give up and continued on the same point.
Mr. Bernthal:" "That is how you thought Mr. Shapiro would testify."
Goldberg: "I didn't know how Mr. Shapiro was going to testify, sir."
Mr. Bernthal: "You never wanted a jury to hear about what you told Mr. Shapiro."
Goldberg: "I told you everything I said to Mr. Shapiro."
I am not going to waste any more time typing up more of Mr. Bernthal's cross examination unless he actually achieves something that is legally effective.
I am sure Mr. Russo will question Goldberg on re direct. What Mr. Bernthal claims is not always what it is; he misquoted a Judge. Nuff said.
Mr. Bernthal can huff and puff all he wants; it does not mean a thing. He should have spent more time presenting an effective case. Instead he throws temper tantrums in court with witnesses and pretends it is cross examination.
Opening statements are not evidence. Closing arguments are not evidence. Mr. Bernthal spends more time referring to reports by investigators or doctor's reports that the jury has not seen to try and impeach a witness.
All he does is read selective excerpts from transcripts the jury hasnt seen or play inaudible video.
So far, he hasn't even succeeded in impeaching a witness with evidence or testimony. Steve Shapiro does not count because his testimony won't benefit either side.
Repetitive firing of questions, twisting responses, getting angry and frustrated and still not getting what he wants has become the daily predictable presentation of the prosecution case by Mr. Bernthal.
Previous post:
https://johnchiv.blogspot.com/2018/03/i-was-worried-about-never-seeing-my.html?m=1
When he will use that information, we will just have to wait with "bated breath." But first we have to endure minutes and hours of endless torture aka Mr. Bernthal taking a whole lot of time to deliver nada.
He spent 15 minutes talking to Goldberg about guns. Goldberg has not denied shooting Tim Smith. There has only one been kind of gun mentioned. So what's the point?
Mr. Bernthal continued his cross examination for another 10 minutes firing question after question at Jon Goldberg.
Mr. Bernthal: "Mr Goldberg, it's true you are a liar."
Goldberg: "No, Sir."
Mr. Bernthal: "You remember your attorney's opening statement?" Then Mr. Bernthal stated that Mr. Russo said "after the shooting you left, your van broke down and you hitchhiked."
Goldberg: "That part is untrue."
First, Mr. Bernthal summarizes what has been said or testified, then just restates it in his words as fact. We know how accurate he was in quoting Judge Gregory Elvine-Kreis.
Second, Deputy Public Defender Casey Russo had just addressed this in his questioning of Goldberg minutes ago and Goldberg explained why. (See previous post.)
Third, one statement does not make someone a liar. Maybe Mr. Bernthal should count the number of inconsistencies of his key witnesses and court testimony that impeached one of his key witnesses.
Undeterred and desperate after a day of two excellent witnesses and Jon Goldberg's testimony, Mr. Bernthal would not give up and continued on the same point.
Mr. Bernthal:" "That is how you thought Mr. Shapiro would testify."
Goldberg: "I didn't know how Mr. Shapiro was going to testify, sir."
Mr. Bernthal: "You never wanted a jury to hear about what you told Mr. Shapiro."
Goldberg: "I told you everything I said to Mr. Shapiro."
I am not going to waste any more time typing up more of Mr. Bernthal's cross examination unless he actually achieves something that is legally effective.
I am sure Mr. Russo will question Goldberg on re direct. What Mr. Bernthal claims is not always what it is; he misquoted a Judge. Nuff said.
Mr. Bernthal can huff and puff all he wants; it does not mean a thing. He should have spent more time presenting an effective case. Instead he throws temper tantrums in court with witnesses and pretends it is cross examination.
Opening statements are not evidence. Closing arguments are not evidence. Mr. Bernthal spends more time referring to reports by investigators or doctor's reports that the jury has not seen to try and impeach a witness.
All he does is read selective excerpts from transcripts the jury hasnt seen or play inaudible video.
So far, he hasn't even succeeded in impeaching a witness with evidence or testimony. Steve Shapiro does not count because his testimony won't benefit either side.
Repetitive firing of questions, twisting responses, getting angry and frustrated and still not getting what he wants has become the daily predictable presentation of the prosecution case by Mr. Bernthal.
Previous post:
https://johnchiv.blogspot.com/2018/03/i-was-worried-about-never-seeing-my.html?m=1
So you can’t impeach a witness with something the lawyer said. Just like closing arguments are not evidence of course neither are opening statements. The form of that question should have been objected to and the witness should not have had to answer it. Oh and Mr. Bernthal should never have asked it. Disappointing.
ReplyDeleteThanks for the comment Allan. This entire case should be an eye opener about the arrogance of the D.A.'s office and their not caring about rules. You have Tim Smith's family and friends in the courtroom every day and then after hearing testimony, regularly interacting with Jessica Springer sitting out on the second floor. She is still subject to recall. Today, I walked out after Jon Goldberg's testimony when we had our lunch break. She was right outside the door to Courtroom 2. One can hear testimony outside Courtroom 2. I am not saying anything wrong has occurred but how do we know? Why is Victim Witness in the courtroom if tons of family is there? Before Victim Witness sat with Jessica Springer. Mr. Bernthal makes a TV lawyer look smart.
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