Thursday, September 4, 2008

The Prosecutor's Case .. Continued

Let's talk about the defendant's handgun. Remember he had the handgun in the car, and remember the whole story that was made, I mean, the whole questioning of Detective Brocchini that, that, you know, he took that handgun without telling him?
Well, he had every right to take the handgun without telling him. It's against the law to drive around with a loaded handgun in your car.
But regardless, even if you think the detective overreached there, let's say, let's say you think that, okay?

If the situation were reversed, somehow it would ‘prove’ Scott a killer. But it’s all OK if it’s Broccini!

There's some interesting things about the handgun. Why did the defendant have the handgun in his truck?
If you killed your wife and you're taking it for protection, it makes perfect sense. It's perfectly reasonable.

Scott needed protection from a corpse? Are we back in Distaso’s fantasyland again?

What the defendant said, the reason the defendant said he had the handgun in his car is he left it there from a pheasant hunting trip. Remember that? He said he went through certain actions to, to work the gun and it jammed.
Remember the gun expert came and said It worked fine for me. With the ammunition that was in there. So we know that's not true.
Remember his own father said I don't remember him having a handgun on that trip.
So why did he take the gun? How do we know, let me phrase it to you this way.
How do we know the defendant took the gun that day with him for protection? If you just killed your wife, you're driving down the road, you've got her body in the back, it makes every sense to have the gun.


Here's what the defendant said. All his guns, remember, were kept in this room, a spare bedroom. Remember Detective Brocchini asked him, this is People's 37 O I'm showing you. Asked him about the duffel bag that was on the ground. It's hard to see even close. But if you blow it up it's worse. That's why I'm showing you here.
There's a duffel bag here. Detective Brocchini said Hey, what's the deal with the duffel bag? There was a jacket in there, looked like somebody reached down and pulled it out in a hurry. He said, Oh, yeah. Yeah. That. Remember he had this stuff hanging down here, as if somebody's in a hurry.
And remember what the defendant's story was: Well, I got some white shoes out of there. I got some white tennis shoes out and I took the tennis shoes and I e went and I put them on my wet bar.
Okay. What possible reason would you be in such a hurry that you pull all this stuff out and leave it hanging off of there, and leave the thing hanging on the ground, and take your tennis shoes and put them on the wet bar outside? Is that reasonable? Or is it reasonable that, Man, I got to get my gun, I got to get out of here.

Another evidence free claim.

So you're scrambling around trying to find it, you reach up there, oh, it's in this bag, you pull it down, your stuff falls, falls on the ground, you pull the gun out, throw it in your glovebox and off he goes.
You know, you know how else we know that the defendant was really concerned about that gun? Was because, remember what Detective Brocchini testified to, after he dropped him off in the early morning hours of December 25th, on the day that should be the most horrible day in his whole life, he calls him up an hour or two later, he says: Hey, did you take that gun out of my truck? I wish you would have told me.
Why did he go back looking for that gun if he didn't know the detective took it?
Why did he go straight back and look for his gun?

Because he didn’t want to leave it in the truck.

Because he was worried about it. Because he knew that it was associated with this crime, and he wanted to deal with that.

Exactly how was it 'associated with this crime'? Distaso can't associate Scott with this crime.

You know, the other thing, too, and this is just a side note, really, but, you know, those sturgeon are big fish. And remember I asked the expert, you know, Well, can you, can you bring a gun with you to shoot the sturgeon to subdue them? He said No, you can't do that. So we know the defendant didn't have the gun with him for that reason.

And Scott made no such claim. So now he is to be convicted based on claims he didn't make?

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