That’s right, so we heard from a lot of witnesses yesterday, including many who arrived on the scene shortly thereafter. None of them saying that he said “Here I am in my car, the next thing I know my car lurches forward,” you would think that affects actually what happened. When he was telling people again and again what happened, how it happened, he would have said, “my car, I’ve lost control of it, suddenly it shot forward.” That’s the sort of thing the juries talk about when they get back into the jury room, when they start evaluating the totality of the account. And can we believe it? It’s the sort of thing you can expect those juries to discuss about. 

 

Right, except when we heard from the girlfriend, yesterday the first phone call he made and didn’t say a word to her about the heading, in some way, her testimony was kind of surprising, quite short. 

 

Yeah, very short, but she was never that important a witness, she’s a salacious witness, man, particular because she’s now his daughter as well. But she’s not that important in terms of actually providing evidence in this case, you know, this thing about the car does make you wonder whether he’s gonna have to take stand. Who else is going to be able to testify that’s what happened?

 

Yes, the defense who says they’ll bring an expert from Bentley will talk about problems with the car, this kind of car had issues etc. but to say that it actually happened in this case. 

 

And you’re usually leery about putting defendants on the stand. But here you think you might have to.

 

I am, in most cases I would tell you I don’t think the defendants are gonna take the stand. And look, it totally depends on how he would do in a mock cross examination that I’m assuring you that his defense attorney has done to either help him prepared to get on the stand or to convince him not to take the stand, one of those two.

 

But this may be just one of those cases where the best shot they have is to have him get up there and try and explain exactly what happened?

 

How about this testimony of Lisa Pembleton, the prosecution’s star witness, the man mentioned his speed, said Roy Black, the defense attorney, this irated her, but you think that Black has to be a little careful about how far she goes.

 

She just comes across as this kind of locative witness, not someone who necessarily wants to be there, not someone who’s looking for the big payout, and the allegation from the defense is that she’s trying to sort of work with the plaintiffs in the context of a civil lawsuit, a little big dangerous here, very important witness, because she’s the one who actually convinces him to call 911. 

 

And the prosecution not making a big deal about the fact that the girl friend is now the daughter. 

 

Yeah, no, not at all, I don’t think that’s gonna be a particularly significant issue in this case until maybe the sentencing, again, it probably shouldn’t matter then, but as I’ve said, I’ve said it before, I think it’s impossible to keep that out of the trial entirely in any way, shape or form, even if it means psychologically in terms of the judge, whoever counts.