Thursday, February 26, 2009

Trial Musings 3: Bedrooms and Bulletholes

As first mentioned by trial watcher Quickysrt, and finally today by the local media:

"Hensley, called to testify by assistant district attorneys Michael Melnick, Shannon Crake and Allyson Kacmanski, said Kerekes was more dominant in the relationship with Cuadra. Hensley quit when Kerekes fired several shots from a handgun during a fight with Cuadra in their residence.

“They wanted me to stay there and work all the time and not have a social life,” Hensley testified. “I was only allowed to leave on the weekends, and if I went out for a sandwich, I had to come right back.”
The good news for the prosecution in the Hensley testamony has been the use of the word "they" in describing how his life was micromanaged by Harlow and Joe.

The bad news was what came up on defense cross, that Kerekes was "more dominant" and Joe taking a potshot at Harlow...wow. Yeah, deciding to move out after that, good call Justin! :-)

I'd have to say this gun story was really a big win for the defense...insofar as the REAL strategy they are pursuing. Meaning, I don't think this evidence that Joe was an intimidating gun-firing maniac will lead to Harlow being aquitted. Harlow, unlike Justin, decided to stay. And an aquittal strategy that didn't work for Patty Hearst will certainly not work for Harlow.

But it will, I think, help him in sentencing. As the victory conditions stand now, 1st degree/death penalty is a prosecution win. A life sentence (1st or 2nd degree) is a draw (that was, after all, the deal he rejected). And a 3rd degree or less is a Harlow win.

I think the REAL defense strategy is to aim for a lesser sentence, and not an outright aquittal. In my view, this bullet just clinched Harlow a draw, at the very least.

5 comments:

will g said...

I guess you're saying that the defense is going for the equivalent of the battered-wife syndrome, Harlow being in fear for his life with the domineering, homicidal Joe. Which would be a good defense, I'll admit. However, they can't have it both ways. Their position as stated in their opening argumentis that Harlow did not kill Brian, period. The evidence clearly shows otherwise. Juries don't like being lied to, so I'm not so sure the "big bad Joe" strategy is going to help Harlow one bit.

jim said...

Maybe they are going to say Joe did the knifing, and that all Harlow's criminal assistance towards this end was coerced.

DeWayne In San Diego said...

I heard that after Joes little gunplay episode the escorts scattered but Harlow stood his ground.

And they still got into a fight over the credit cards and Harlow walking in on Joe as he called the bank for a credit line increase "posing as Harlow"

THAT was World War 3

It must be Andrews story since I have not read Justin mentioning this.

Geoff Harvard said...

Funny that intimidating he-man Joe couldn't hit anything smaller than a bedroom wall at two paces with a pistol. Harlow must have laughed while standing his ground.

DeWayne In San Diego said...

Well what do you expect from a "Baby Blue Marine"