Monday, July 07, 2008

Defense Claims About Not Remembering Exact Dates And Times

The defense attorney for James Kevin Pope, who was sentenced in Texas to 40 life terms to be served consecutively, tried unsuccessfully to distract the jury from undeniable evidence of his client's guilt in sexual violence against 3 teenage girls.

During the trial, the teens testified about the abuse, and their sexually explicit photographs were shown as evidence.

But Rick Alley, Pope's defense lawyer, told jurors in closing arguments that the victims were incapable of understanding what happened, the Weatherford Democrat reported in its Wednesday online edition.

"If it was as traumatic as they indicate, they would be able to give you (specific dates and times of the incidents). Simply because it's shocking doesn't make it true," Alley said.

This statement is nonsensical. There is no universal connection between the occurrence of an important event in someone's life and remembering the specific dates and times of those events. If there were then many spouses have been proven to not be married when they failed to remember their anniversary.

I'd be shocked if another defense attorney hasn't used a variation of the opposite argument. "If it was as traumatic as indicated, [he/she/they] they would NOT be able to give you (specific dates and times of the incidents).

Further, the very idea that if a victim is "incapable of understanding what happened" that this can or should nullify the criminal's accountability is absurd. Otherwise, the rape of babies and coma patients would be legal.

These excuses need to be called out as the nonsense they are so that defense attorneys know they will never be effective and are likely to backfire.

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posted by Marcella Chester @ 8:18 AM   1 comments links to this post


At July 07, 2008 3:55 PM, Blogger JENNIFER DREW said...

The Defence Attorney who claimed the teenage girls should have been able to remember every tiny detail of the male rapist's horrific sexual violence committed upon them is a common tactic.

Fortunately in this instance the jury did not 'buy' these lies but sadly here in the UK such lies are believed and it is common for male rapists to be acquitted of their crimes against women and girls.

After all, women and girls are supposedly unreliable and cannot be trusted to speak the truth. Even when evidence is overwhelming in proving a male rapist has committed rape, excuses and denials will continue to be made.


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