- Jan 2, 2013
- Reaction score
- Political Leaning
Once again the defense weaponizes prosecution 'expert' witnesses against the prosecution case.
Then Nelson scored what many may perceive to be an important point, albeit I’m rather ambivalent about this one. Nelson played a short piece of video in which Floyd is prone on the street, and speaking in his muttering fashion.
What’s Floyd saying there, asked Nelson? Is he saying “I ate too many drugs”? Stiger answers he can’t tell.
No worries, Nelson is happy to play it again for Stiger. And the jury.
Stiger is still unsure if that’s what Floyd was saying, and Nelson lets it go—but the jury has heard the suggestion.
Later in the day, with a different witness, BCA Special Agent Reyerson, whose testimony I won’t spend much time on because it was so boring, Nelson would play the same video, and ask the same question. This time, the witness will agree—yes, Reyerson answers, it sounds like “I ate too many drugs” to m
So damaging was this Reyerson testimony for the state that they actually re-called Reyerson as a witness for the sole reason of having him listen again, and give a different answer. Oh, now, says Reyerson the second, now it sounds like “I didn’t take no drugs.”
Well, OK. As I said, I’m ambivalent about Floyd’s statement on the merits, because I sure can’t understand what he’s actually saying. Although it must be said Nelson’s version will certainly appear reasonable to a jury that’s been exposed to the toxicology report on Floyd.
But in terms of legal strategy by the defense, this was brilliant. Not only did Nelson plant that seed in the jury’s mind that Floyd had eaten too many drugs and knew it, he got to play the audio for Stiger not once, but twice.
And then again a third time, for Reyerson.
And then the state itself played it for the jury a fourth time!