Kobak exposed! Murder suspect gets testy under cross examination, switches testimony and still has selective memory

Murder suspect David Kobak and how the jury perceives him is important. Today, Kobak was exposed in a skillful cross examination by Deputy District Attorney Whitney Timm.

Using the 911 call, EPD Detective Ron Harpham's interview with Kobak, his testimony yesterday and his answers on cross, Ms. Timm raised doubt about Kobak's truthfulness,character and memory issues.

Kobak got testy with Ms. Timm prompting Judge Gregory Elvine-Kreis to tell him not to interrupt her.

Everytime she brought up the interview with Det. Harpham, Kobak said he did not remember. He was terse and defensive.

Some new information revealed today was Kobak's tendency towards violence, the fact that in 30 years there had never been an issue between him and Loftus (even when he fired Loftus) and that Mr. Russo had a neuropsychiatrist interview Kobak in jail and that he did not say Kobak had Alzheimers.

Many of the questions Ms. Timm asked were observations I pointed out during my selective memory post about Kobak's direct testimony.

Ms. Timm: " You watched your interview with Detective Harpham? That was you? That was your voice?"

Kobak: "I don't remember talking to Detective Harpham."

Ms. Timm asked me his address, his date of birth, his being a captain and owning boats. Kobak answered these questions.

The one thing Kobak was consistent about was "I don't remember talking to Det. Harpham" or "I don't remember."

Today, Kobak denied telling Det. Harpham that he turned the stove off. Today, Kobak denied that Loftus hit him again after he moved to the living room and today he said he sat on the recliner. This contradicts his testimony in court yesterday.

Ms. Timm: "In the interview, you said you don't remember what Fred said, yesterday you said Fred was going to beat you and kick your ass."

Today, Kobak denied telling Det. Harpham he went and got the gun.

Kobak: "I don't remember getting the gun."

Ms. Timm: " You saw the video in court."

Kobak: "I don't remember."

Acknowledging that he told the dispatcher he shot Loftus, Kobak said, " Yes, I told the dispatcher. I heard pop, pop, and maybe a third pop."

Ms. Timm: "You told Det. Harpham you didn't do first aid. Yesterday, you said that you knelt down."

Kobak: "That's true."

Ms. Timm: "You remember the 911 call, you remember walking to the patrol car but you do not remember the interview with Det. Harpham.?"

Ms. Timm: "Yesterday, you said you didn't intend to kill Mr. Loftus. You're pointing the gun at Mr. Loftus 10 times. You don't think that's intent to kill?

Kobak: "I don't remember."

Kobak changed his testimony during cross, now stating Loftus "punched me in the kitchen" and said he had mark on his forehead from Loftus hitting him.

There were no injuries on Loftus when he was arrested, which was right after the 911 call and he did not mention this in his EPD interview.

Ms. Timm: " You testified yesterday that you were scared and afraid but you didn't tell Det. Harpham.

Ms. Timm then asked Kobak," You didn't askMr. Loftus to leave the apartment? You didn't go in your bedroom and close the door? You did not leave the apartment? You didn't call 911?" To all these Kobak said no.

Kobak: "I don't remember."

Ms. Timm: "But you watched the video in court."

Ms. Timm asked Kobak who diagnosed him with Alzheimers?

Kobak's response was "some doctor in jail."

Ms. Timm: "Isn't it true your defense attorney had you evaluated by a neuropsychiatrist and he didn't say you had Alzheimers?

During redirect, Mr. Russo question confirmed that a doctor visited Kobak in jail in 2017 and his one question was, "Is it your understanding that you had been diagnosed with the first stages of Alzheimers."

The cross examination was so effective that Deputy Public Defender Casey Russo only asked one question during redirect. Mr. Russo asked Kobak if he believed he had the first stages of Alzheimers after the neuropsychiatrist visited him in jail. Kobak said yes.

The defense has not presented any medical information saying Kobak has Alzheimers. That claim is only from Kobak and the memory issues have only been corroborated at jury trial by Kobak's girlfriend.



Previous post:

https://johnchiv.blogspot.com/2020/01/the-fred-loftus-that-defense-does-not.html?m=1