In working for a defense Lawyer as an Expert Witness (I know all the sayings about Expert Witnesses) the Lawyer I was employed by introduced me as a Small Arms Expert (his words not mine) the media had me as a Small firearms Expert!
But what won the day for the accused, the Crown (DA in Canada) the charge was First Degree Murder, witnesses described the shooting of a gang leader as a shot to the body (the accused took the .380 pistol from the belt of one of the gang, same person lifted his shirt to show the targeted accused, the .380 pistol tucked in his pants, mistake! he was shot with his own gun) then "Toughie" the gang leader, who was trying to get a revolver out of his jacket pocket, hammer stuck in the lining, was shot once in the body, and went down, a step to the right, then a head shot! RIP Gang leader.
I asked the Judge if I could ask the Jury a question, this was somewhat irregular, from a witness, and vigorously argued by the Crown.
The Judge said it is his Court, and he can stop the proceedings instantly, if the question was improper.
'"This is a question on any one on the Jury's personal knowledge of increased levels of blood pressure based on a car accident" (a look at the Judge?)
"Proceed" He said (Judges get nosy as well don't you know)
"Raise your hand if you have been in a bad car accident" four raised their hands; I asked each one in turn how long before their blood pressure/adrenalin fueled heart rate returned to normal? The answers were not in minutes or seconds but in hours.
The Crowns whole case was based on the premise that it was cold blooded killing. And none of their “Experts” knew anything of fight or flight, only the FIREARM! Owoops!
The accused walked out of Court! Not guilty of all charges. The largest self defense case in Canadian history, and self defense is alive and well North of the Border.
But what won the day for the accused, the Crown (DA in Canada) the charge was First Degree Murder, witnesses described the shooting of a gang leader as a shot to the body (the accused took the .380 pistol from the belt of one of the gang, same person lifted his shirt to show the targeted accused, the .380 pistol tucked in his pants, mistake! he was shot with his own gun) then "Toughie" the gang leader, who was trying to get a revolver out of his jacket pocket, hammer stuck in the lining, was shot once in the body, and went down, a step to the right, then a head shot! RIP Gang leader.
you thought I had forgotten? The assistant crown said that it was premeditated! Because he had time to calm down in that step to the right!But what won the day for the accused,
I asked the Judge if I could ask the Jury a question, this was somewhat irregular, from a witness, and vigorously argued by the Crown.
The Judge said it is his Court, and he can stop the proceedings instantly, if the question was improper.
'"This is a question on any one on the Jury's personal knowledge of increased levels of blood pressure based on a car accident" (a look at the Judge?)
"Proceed" He said (Judges get nosy as well don't you know)
"Raise your hand if you have been in a bad car accident" four raised their hands; I asked each one in turn how long before their blood pressure/adrenalin fueled heart rate returned to normal? The answers were not in minutes or seconds but in hours.
The Crowns whole case was based on the premise that it was cold blooded killing. And none of their “Experts” knew anything of fight or flight, only the FIREARM! Owoops!
The accused walked out of Court! Not guilty of all charges. The largest self defense case in Canadian history, and self defense is alive and well North of the Border.