I am chastised by some that I’m calling the game prior to the start of the match. Patty makes an insightful comment to yesterday’s post that spells out some of the reasons why I am wrong in suggesting they’ve put up the white flag. I urge you to read it.
Reading it I’m thinking maybe Carney & Brennan (C&B) just pulled a triple reverse and no one knows who has the ball. For as much as I thought C&B’s failure to take the Seis de Mayo opening, Jean, who also comments reminded me I said it was a trap. I did say that because I thought once and for all C&B would have to lay down their hand by having Whitey testify and putting him on the stand would give Wyshak and Kelly (W&K) a chance to give him a good going over.
Then yesterday I said perhaps no conversation ever existed between Whitey and O’Sullivan so C&B had played out the string as long as they could and now the issue had pretty much been lost to them. I said they could still play the “illness card” but little else. Patty suggests, and rightly so, I’m getting way ahead of myself. You don’t go to a carnival just to see the side-show, but you enjoy all the sights when you arrive and walk by all the booths. Patty suggests there’ll be much more to enjoy and savor.
I like her reminding me of seeing Gucci, as Ishneill calls John Martorano, walking into court with his shiny gangster suit jacket being strained by his bishop’s belly and his alligator shoes brightly polished and the diamond ring on his pinky well-tanned finger looking all of which he is, a real life gangster enjoying the fruits of his evil life, courtesy of the prosecutors, and watching the winter weary jurors listen to him talk about his winter in the sunshine of Florida and how the prosecutors gave him a dime for each of his murders when he got out of jail. He’ll explain “a dime” is gangster talk for a thousand dollars.
I’ve got to be there when Gucci starts giving his wise guy answers. I want to see if his usual jesters find them funny or have they finally recognized there is nothing funny about a man who has murdered twenty unarmed people, mostly by sneaking up behind them and shooting them in the head, who is back among us. Yes, Patty is right to remind me this case is far from over by a long shot. Even though we know the usual end of a carnival is leaving with a lot less cash than when you arrived, you reason the fun was worth it, but sometimes, some leave with the big prize. Will Whitey with C&B’s help get the gold ring of acquittal admist all the brass?
Patty also made me think that the intent of C&B was to have their immunity defense, whether they have one or not, ruled out. Perhaps it wasn’t C&B in the middle of the crumbling building but the team of W&K who were lured inside. Once in there they found C&B had left them in the worst position possible. W&K had committed a huge blunder.
I’ll explain tomorrow how easily it would have been for them to take the defense straight on and destroy it. But now they can’t do that. They can’t put back in the case what they fought to take out.
Think of it, what can be more absurd than Whitey testifying that AUSA O’Sullivan met with him and said he could commit any crime he wanted including murder and O’Sullivan would insure he wasn’t prosecuted. Judge Casper in ruling that out saved Whitey that embarrassment. But as Patty noted, she gave C&B an enormous opportunity to bring mystery and confusion into the trial.
Trial lawyers with experience before juries know that you have to be careful with your objections. A jury is interested in hearing everything. It doesn’t want to think someone is keeping important things away from it. Good lawyers, and C&B are good lawyer, will know how to whet the juror’s appetite to find out what the prosecutor is hiding from it.
It’ll be bad enough for a jury to hear W&K object every time C&B get near immunity. The jury will have experienced them vouching for a handful of crud murderous witnesses. There will already be a foul stench to the courtroom. Add to that the jury figuring W&K are trying to hide things you’ve created a real wild card of a case. Maybe W&K by walking into C&B’s trap by keeping out the immunity defense have fatally punctured their case. They found the one needle of defeat in the haystack of victory.