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.