My Prediction

I posted this as a comment over on PC's blog, in his recent thread about the defense recommended verdict slips. Since I'm laying my chips on the table by calling this a "prediction" I thought it appropriate that I post it here as it's own new topic as well:

Generally speaking, a defense that plans to seriously go for a "home run" (ie, a not guilty verdict) usually will move to have the lesser murder charges (2nd and 3rd degree) dropped, and stake all their hopes on a choice between 1st degree and innocence. This way, they avoid the danger of a jury that might have voted innocent coming to a compromise lesser guilty verdict.

But here, we see the defense overjoyed that those options are in the instructions. Getting 2nd or 3rd, to them, would be like hitting a double or a triple! No need to even worry about the DP phase (ie, a possible strikeout) if they hit one of these

Reading the tea leaves, this tells me they don't plan to challenge the case much in the guilt-or-innocence phase (which is strategically wise, in that it avoids insulting the jury's intelligence with tin-foil hatted conspiracy theories on how Harlow and Joe were "set up"), but to save their main efforts for the DP phase.

Oh the defense attornies will no doubt go through the motions; they'll make occasional mild efforts to cross examine witnesses, perhaps bring in their 5 (LOL!) alibi witnesses (who'll get shredded by the prosecution), and then at the end, make the usual speech about "presumed innocence" and "reasonable doubt." But they aren't going to push it. Like I said, they don't want to antagonize the same jurors who'll be sitting in on the penalty phase by insulting their intelligence.

Then will come the penalty phase...THIS is when, I predict, you'll see the defense attornies come to life. And you know, they actually have a reasonable shot here. The defense would try to argue the fire "wasn't really all that bad;" that those firemen "weren't really in as much danger as those prosecutors are alledging."

If the defense can do that, and bring in a lot of pro-Harlow and Joe character witnesses (if you recall, a very early defense motion for a delay cited the need for a worldwide character witness search as one of it's reasons behind the request)...perhaps even tug at the jury's heartstrings with Harlow's abuse story (mentioned on the BBTs)...then yeah, they could "win" in the DP phase.

And I think, strategically, that is what they are going for now. That, and no more.

So, if anyone here is expecting massive revelations and fireworks at trial time; i.e. some sort of Perry Mason bombshell to be dropped that might let H&J waltz out of there free...well, prepare ye self for a huge disappointment.

That is my prediction.