I meant to do this yesterday but was too lazy so I can’t find the link I wanted to put up but this one will have to do.
The prosecution in this politically motivated trial that should never have been brought is totally imploding. To be honest, he’s an idiot who should never see the inside of a courtroom again unless it’s to testify at the trial brought by Rittenhouse for malicious prosecution. He has called I think now three supposed witnesses for the prosecution who have made the case for Rittenhouse and self defense. And he has shown video that clearly shows that Rittenhouse was not the instigator but defended himself.
Now the article I had wanted to link had a brief clip in which the prosecutor engaged in the cardinal sin taught in any litigation course — namely asking a question you don’t know the answer to. He asked a witness who he had called after getting destroyed by the witnesses testimony how he could know what the guy Rittenhouse shot was thinking. How could he know and the witness said because he said fuck you and then lunged for Rittenhouse’s rifle. He couldn’t recover from that and I’m not going to go into all the exculpatory evidence withheld from his attorney but that will be key in a malicious prosecution case.
No what I want to talk about is just how stupid this idiot is. These were his witnesses. He undoubtedly interviewed them and should have prepared their testimony. There should have been no surprise answers to his questions but there were many.
Now I agree with the adage that you never ask a question you don’t know the answer to in a criminal case or even in a civil case where you’ve had full discovery and an opportunity for depositions and interrogatories, but you need to understand that is maybe five percent of the litigation in this country. Most is administrative litigation in a myriad of forums under everything from trial by ambush under the rules of gossip to fairly formal trials in front of Administrative Law Judges with full discovery and I guarantee you that if I had followed the adage I wouldn’t have been as overwhelming successful as I was.
I used to attend the American Bar Association conference every year and went to various presentations from the Litigation Section of which I was a member and also to various presentations from the Labor Law Section and it was clear that the labor attorneys were better. The Litigation Section only dealt with courtroom litigation, as I’ve said a minor part of the cases in this country, those attorneys are spoiled because they get to know pretty much everything thing before trial. The labor guys have to think on their feet and react to information as it comes out.
Again this idiot should never see a courtroom again. How can you call a prosecution witness and not know what he’s going to say. That’s malpractice! And I believe that Rittenhouse will be acquitted and hopefully sue these idiots.