indian-outlaw said:
NorthEndZoneDan said:
Me too, wtf is this all about? a fist? really? is that what the nurse is claiming happened and Jane Doe is telling a different version? I'm not following something here?
That does seem like one hell of a detail to mix up!
Ouch. Literally. Paoli "can" now make a closing argument that the alleged victim told the examiner that a fist was used, because the injuries were consistent with a fist. But, then testifying under oath to a jury that no fist was used
that night offers a major inconsistency.
And, the inconsistency isn't the main problem. The implication is, and the Jury will understand that the conflicting testimony raises the possibility, that Jane Doe had some rough sex with someone else, obtained the appropriate abrasions, then
knowingly blamed those abrasions on JJ, when she was able to finally get to First Step, after she had breakfast, and make her report before going off to her Super Bowl party.
In other words, "the set up."
The Jury of course has the unenviable task of attempting to determine if this was a "mere" oversight, forgetfulness, or the common problem when an alleged victim is working a little too hard to make the case; the old adage being, it's easy to tell the truth, it's much harder to tell the lie, because things like this happen.
And Paoli can nicely bring in the Prosecution's own expert witness testimony that assault victims are often confused at first, and but later, their memory and recollection can improve. Indeed, he testified that they almost can't tell the truth; they are in denial. They are looking for reasons to believe it didn't really happen. Their initial reports can be false. Later, they can be more accurate.
The State has to live with that testimony.
Well, OK then, Paoli can argue, she told the truth at trial, a year later; but then,
how did the evidence of something different happening get there? We know, with medical certainty, that the evidence was there; but the alleged victim herself destroyed the argument that JJ did it.
Who did? When? ...
Why?
I can formulate that as an approach for Paoli, I'm having a hard time putting the Prosecution's spin on it.
How
do you explain that to a jury?