go4two said:
I took Doe's testimony as he held her down with his forearm to remove her pants and underwear, and then flipped her over?
Just read the initial charges. In it, Jane Doe claims JJ didn't take off his pants until
after he flipped her over. This is two different sides to what happened. Who is telling the truth? We'll never know.
And she
didn't mention that at trial, insofar as my notes show. I guess that makes three different sides to it.
I don't think the Jury would fasten on discrepancies like those, as compared, for instance, to the fact that she showed up at the Examiner Nurse's office with verifiable medical indications of a hand or a fist, but claiming at trial that JJ didn't do it.
That is, stories will differ in detail. The Expert Witness claimed that memories of rape victims tend to be disorganized at first, but get better with the passage of time. On the other hand, nearly every study ever done on witness testimony shows that it gets worse with the passage of time and, for both of them, there has been some passage of time. Memory is tricky.
All of the witnesses so far had some rather odd "holes" in their memories of "what happened." I am sure Defense witnesses will as well, although we will see. The roommate moved a long ways from saying he didn't believe her at all in his statements made at the time, to claiming at trial that he believed her right away and was actually quite concerned.
On the other hand, the fact that she went and made a sandwich was something he consistently remembered in both his early statements and his testimony, and she denied making a sandwich. Frankly, at that level, that's how people's memories are, and not too much can be read into it on the minor details, at least.
The pertinent question always is, does the changed story change the case in a significant fashion, change the alibi, change the response, change the story line appreciably? The Jurors are more apt to find significance in changing testimonies.
Of course, that's why witnesses are always drawn, by their lawyers, to all of their prior statements in preparation for a trial, which makes all the more the mystery of why Jane Doe would now claim something exactly contrary to what she told the Examiner Nurse, on a more substantive allegation, the denial of which raises the immediate thought of "what did she do prior to the Examination" that did not involve JJ, but left such tell-tale medical evidence of relatively rough treatment?
What frustrates Jurors, as much as anybody else reading testimony, is such unanswered questions, and lawyers leave plenty of them, some inadvertent, some because of inadmissible testimony. Ed McLean experimented for a while with allowing juries to ask written questions about such things.