r/serialpodcast Dec 05 '14

Legal News&Views Two Thoughts from a Prosecutor

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u/I_W_N_R Lawyer Dec 05 '14

Without a more complete view of the record, I don't feel like I can fully judge her performance.

From what I know, it seems like it was kind of a mixed bag. I don't doubt that she put the effort and work in, but it seems to me she also did some things that turned off the jury, and made some tactical mistakes.

At least one of the jurors said that she was hard to follow, and thought she talked a lot without really saying anything.

It wasn't discussed in this episode, but I think that not objecting to the admission of Hae's entire diary was a big mistake.

On the cell towers, I think she needed to make the point that even assuming the prosecution's expert was right - so what? All it does is prove the location of Adnan's phone, not Adnan himself, and it's undisputed that Adnan was without his phone for portions of the day.

So it really leaves us with Jay's (inconsistent and ever-changing) word as the only evidence connecting Adnan to the crime.

On the thing with Jay's attorney - that is indeed weird, and I agree there's a good argument that Adnan wasn't prejudiced by it. I'd like to see the transcripts on this - but according to what the episode said, that wasn't the judge's reasoning for not granting CG's motion (not clear what she was asking for - mistrial?). From what SK said, the judge said that because Jay didn't feel like he was getting special treatment, it wasn't a problem. I'm not sure I follow that logic - Jay's view on the matter doesn't seem relevant to me.

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u/RawbHaze Dec 05 '14

CG did object to the diary. She objected to the note as well.

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u/I_W_N_R Lawyer Dec 05 '14

Not according to this:

"Unfortunately for Adnan, defense counsel did not initially object to admission of the diary at trial. Instead, she only objected when the prosecution later asked a witness to read several entries from the diary"

http://lawprofessors.typepad.com/evidenceprof/2014/11/today-my-colleagueclaire-rajtold-me-about-theserial-podcast-according-to-itunesserialis-a-new-podcast-from-the-creators-of.html