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The Range
Law & Order
Defense Attorney Critical...
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<blockquote data-quote="_CY_" data-source="post: 1566506" data-attributes="member: 7629"><p>BB is correct... evidence proved beyond a reasonable doubt shot thug never moved again after hitting floor. which would support thug was instantly dead from first shot. It's totally possible for heart to be still beating 30 seconds after being shot brain dead. </p><p></p><p>defense went with thug was alive and still a threat so following shots were justified. since you cannot have it both ways. they lost. this supported DA's assertion that thug was alive, but didn't move. prosecution had their cake and ate it too. </p><p></p><p>defense was handicapped by the non-stop mouth of Ersland and his merry pack of lies. Defense should have known by trial time which way to go.... pure forensic or he said, she said evidence. To me this was incompetence by the defense. </p><p></p><p>it's only possible to determine time of death with the broadest of strokes. for the medical examiner to state thug was alive 30 seconds after first shot. this means she determined time of death did not occur within 30 seconds after first shot. </p><p></p><p>it's impossible to nail down time of death within 30 seconds. it just cannot be done. </p><p>since it's impossible to know with 100% certainty if shot thug was alive or dead at time of five shots. </p><p></p><p>doubt will always be there if thug was alive or dead when shot 5 more times. </p><p>sorry but the benefit of doubt has to go to Ersland. </p><p></p><p>safe to say that above information is not common knowledge to Jurors. but NO way ME didn't know this. IMHO it's incompetence for defense not to know above and share that information with the jurors. </p><p></p><p>please do let me know if there's any holes in above logic....</p></blockquote><p></p>
[QUOTE="_CY_, post: 1566506, member: 7629"] BB is correct... evidence proved beyond a reasonable doubt shot thug never moved again after hitting floor. which would support thug was instantly dead from first shot. It's totally possible for heart to be still beating 30 seconds after being shot brain dead. defense went with thug was alive and still a threat so following shots were justified. since you cannot have it both ways. they lost. this supported DA's assertion that thug was alive, but didn't move. prosecution had their cake and ate it too. defense was handicapped by the non-stop mouth of Ersland and his merry pack of lies. Defense should have known by trial time which way to go.... pure forensic or he said, she said evidence. To me this was incompetence by the defense. it's only possible to determine time of death with the broadest of strokes. for the medical examiner to state thug was alive 30 seconds after first shot. this means she determined time of death did not occur within 30 seconds after first shot. it's impossible to nail down time of death within 30 seconds. it just cannot be done. since it's impossible to know with 100% certainty if shot thug was alive or dead at time of five shots. doubt will always be there if thug was alive or dead when shot 5 more times. sorry but the benefit of doubt has to go to Ersland. safe to say that above information is not common knowledge to Jurors. but NO way ME didn't know this. IMHO it's incompetence for defense not to know above and share that information with the jurors. please do let me know if there's any holes in above logic.... [/QUOTE]
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