Noches de Passion said:
But this is where you miss the point, UmGriz75. Unless you yourself are Dave Paoli or Kirsten Pabst, your views and my views are wholly irrelevant. You have read too much into presentations offered by lawyers from both the state and the alleged Defendant and believe only Paoli and Pabst to be capable of offering a truthful account. You accuse Boylan of lacking candor but don't support that with anything other than what I presume to be your belief in the motion to dismiss.
This is a flawed reading of the case. I didn't accuse Boylan of anything. The Motion to Dismiss did.
What I did was look at the synthesis of facts presented from both sides and I am aware that when the Defense "quotes" a prosecution witness in a pleading, it is likely a direct quote and there exists an affidavit or sworn testimony. I don't think Boylan was untruthful. I take everything represented as Jane Doe's testimony exactly at face value. Jane Doe did say it.
Kirsten Pabst has a different complaint; that Boylan withheld information that she knew was adverse to the complaining witness. That doesn't enter into the recitation of facts. I take what Boylan did represent exactly at face value: those statements are true. They may not be the whole truth, as Pabst asserts, but they are true to the extent that they represent Jane Doe's statements.
And this is where you misunderstand. It is BECAUSE it is represented as an accurate statement of Jane Doe that I take it as an accurate statement. And when Paoli and Pabst represent similar statements, taken from depositions taken under oath, that is likewise an accurate statement. IT IS THE CONFLICT OF THOSE ACCURATE STATEMENTS, made by Jane Doe at different times, taken under oath that is the basis of my analysis.
And that's the key: ultimately these are statements made under oath by Jane Doe. They will be compared and contrasted exactly as I have done it here.
That's how it works and that's how the synthesis of two pleadings presents a fuller factual picture.
Indeed, that's why judges ask for pleadings from both sides. That is, in fact, exactly how it works.