Mar 26, 2021

Defense scores by requestioning CHP Sgt. Matt Harvey

 


CHP Sgt. Matt Harvey appeared via Zoom today in the Jeff Tsarnas jury trial. Audio recordings were played for the jury.  Sgt. Harvey was questioned. 

How recalling Sgt. Harvey will impact his testimony and Barbara Craft's testimony remains to be seen and will most likely be addressed in closing arguments and possibly via other motions or briefs.

Whether defense was successful at impeachment or not; the defense has raised reasonable doubt and d put a major dent into Craft's credibility.  Sgt. Harvey was on the defensive, using words carefully,and bactracking.

Sgt. Harvey did open the door to the vehicle. He has now mentioned twice he did not smell alcohol or note it on his report. Sgt. Harvey did mention social media before and after listening to Craft's own voice, even defense said Craft found out about the hit and run on social media. There was no specific mention of a particular news source.

Sgt. Harvey did say today that Craft said Tsarnas told her "he had no idea he hit a person." The jury heard what Craft said about the broken mirror.

It was confirmed via the recording. Sgt. Harvey stated that Craft corroborated Tsarnas did not have his cell phone at the time of the incident and that it was broken.

Deputy District Attorney Roger Rees is the prosecutor. Deputy DA Steven Steward is second chair. Mr. Rees had requested time off for religious reasons and only Mr. Steward was in court today.

Mr. Steward's cross of Sgt. Harvey was brief. After jurors left at 11:45, there was discussion about what audio and transcripts would be admitted. Again, defense arguments prevailed slightly. Attorneys are discussing jury instructions at 1:30. Jurors return at 3 p.m. 

Before jurors were called in, Mr. Steward if he could submit a brief regarding Judge Timothy Canning's comment on the Brady violation by the People. After Deputy Conflict Counsel April Van Dyke reviews that brief, a formal hearing maybe scheduled.

Yesterday's post:

https://johnchiv.blogspot.com/2021/03/we-find-out-in-court-patrik-griego-is.html?m=1

https://johnchiv.blogspot.com/2021/03/special-allegation-already-dismissed-in.html?m=1

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