07-26-2012, 04:42 PM
During the recess the defense went to Pettaway's family and told them that no matter what happens, no outbursts or they will be arrested.
The judge returned and said he's presided over hundreds of homicide cases, including 40 or so death penalty cases...he's familiar with serious crimes. At this point the only evidence is a cigarette butt & noted the mobility of it was a problem.
He said he's read this particular jury instruction many times in his career, but particular interest in this case -- that of inference.
He said the 1st inference that has to be made is that CP left the cig butt at the scene, which may be reasonable
2nd inference that needs made is that CP left the cig butt at the scene at the crucial time period & with the # people in/out of residence , it could have been dropped any time after the Straub's left for their vacation.
3rd inference, a crucial one, that must be made is that CP himself dropped the cig butt at the scene during the time of the crime AND participated in the crime.
He read the definition of an inference & referred to a few Ohio decisions regarding inferences & said that legally there's a problem with inferences. If unsupported by other facts, jury may not indulge an inference on an inference.
Said state was meticulous in its case and sheriff's office was thorough in it's investigation and evidence, yet the only evidence is the cig butt. Not 1 iota of evidence showing the crime has anything to do with CP, all of the objects sent to BCI, house was trashed, yet nothing points to CP. Wasn't clear on why prosecutor entered those phone records into evidence when they showed CP may not have been in the area. Nothing implicated CP.
Then said he had to make 2 tough decisions in this case he hasn't had to make before. And said 2 young lives were taken for no reason, and unfortunately the question still remains, "Who did this?". Said SW's trial has different evidence being presented. But as required by rule 29 he is granting the acquittal.
At that point Pettway's family - all holding hands were crying quietly.
The Straub family were crying some sobbing out loud. Johnny's dad sat low in his seat....he was with the coach and a girl - the girl was crying. They got Pettaway out of there fast. The deputies were whispering about John Sr's actions, he was escorted out. It was really tense for a while -- trying to keep everyone away from each other. It was really sad, I couldn't help but feel for the families that they may still not know who did this to Johnny and Lisa.
The judge returned and said he's presided over hundreds of homicide cases, including 40 or so death penalty cases...he's familiar with serious crimes. At this point the only evidence is a cigarette butt & noted the mobility of it was a problem.
He said he's read this particular jury instruction many times in his career, but particular interest in this case -- that of inference.
He said the 1st inference that has to be made is that CP left the cig butt at the scene, which may be reasonable
2nd inference that needs made is that CP left the cig butt at the scene at the crucial time period & with the # people in/out of residence , it could have been dropped any time after the Straub's left for their vacation.
3rd inference, a crucial one, that must be made is that CP himself dropped the cig butt at the scene during the time of the crime AND participated in the crime.
He read the definition of an inference & referred to a few Ohio decisions regarding inferences & said that legally there's a problem with inferences. If unsupported by other facts, jury may not indulge an inference on an inference.
Said state was meticulous in its case and sheriff's office was thorough in it's investigation and evidence, yet the only evidence is the cig butt. Not 1 iota of evidence showing the crime has anything to do with CP, all of the objects sent to BCI, house was trashed, yet nothing points to CP. Wasn't clear on why prosecutor entered those phone records into evidence when they showed CP may not have been in the area. Nothing implicated CP.
Then said he had to make 2 tough decisions in this case he hasn't had to make before. And said 2 young lives were taken for no reason, and unfortunately the question still remains, "Who did this?". Said SW's trial has different evidence being presented. But as required by rule 29 he is granting the acquittal.
At that point Pettway's family - all holding hands were crying quietly.
The Straub family were crying some sobbing out loud. Johnny's dad sat low in his seat....he was with the coach and a girl - the girl was crying. They got Pettaway out of there fast. The deputies were whispering about John Sr's actions, he was escorted out. It was really tense for a while -- trying to keep everyone away from each other. It was really sad, I couldn't help but feel for the families that they may still not know who did this to Johnny and Lisa.