I agree with you that, in this case, if he were innocent, Westerfield should have taken the stand. No matter how hard the jurors try to ignore the current environment of Samantha, Smart, Jon Benet and Casey - I don't believe they can do it. IMHO, the jury is liable to convict him because they couldn't individually live with the thought of a guilty child molester/murderer being set free by their own hand. If like Avila, he were set free and indicted again for another instance - they would crush under their own guilt. I suspect the jurors are thinking this way underneath all attempts to be objective.
It would seem that you are correct. I don't know how they could completely dismiss the other cases from their minds. This is a case where I'm not going to feel good if he gets off, or if he gets convicetd. Either way I'm going to have some doubts.
If he were innocent, the drilling of the prosecutor would be met with tearful pleas "I didn't do it." A lot of times, IMHO, that is what the jurors want to hear.
I would agree with that. And I discount badgering by prosecuting attornies. I think jurors can see through that, especially if the defendant can act in ways they can identify with. And if they wind up thinking the PA is a jerk, it can swing the verdict.
71 posted on 8/9/02 8:59 AM Pacific by Alamo-Girl
There is no verdict that is acceptable to all sides.
The solution I have is to pray earnestly for God's will to be done. I have and I'm assured that will be the result.
It would seem that you are correct.
I have to disagree. Electing to testify is offering yourself up to be crucified.
Did you see Dusek when he attacked one of the bug guys? He was yelling "D...N....A" with veins sticking out on his neck. It was brutal, not to mention unjustified. Westerfield would probably have been treated as a hostile witness, and it would have been really ugly.
Dusek would have been like:
"Did you get off on it? Did you feel like a big man when you ripped her tiny genitals to shreds?!?!?! Did she beg you for her life?!!? Did you kill her before or after you raped her? Like the men in those videos... cruel... sick... merciless... EVIL... pounding ... pounding ---POUNDING ---POUNDING THE INNOCENCE OUT OF THAT SWEET CHILD'S SOUL!!! MY PSYCHIC ROPE OF TRUTH WILL HANG YOU BY THE NECK YOU MONSTER!!!"
You get the picture.
Being "too cooperative" is what got him into this in the first place.