Wednesday, January 27, 2010

Dan Talbot murder trial 28 Jan. 2010: The Wait of the World -- Closing Arguments and a KingCast gift to Judge Patrick Brady.

WEEKEND UPDATE:
Some of you keen readers will recall that I put information in a
KingCast YouTube murder trial video that was highly favorable of some things I had heard about Officer Talbot doing in the days before his death.

Well veteran reporter Seth Daniels has shared that information with me and with his authorization I am going to reproduce a story he wrote about him when he charged several individuals of "interfering with any right or privilege by Constitution or laws of the Commonwealth."

I'll post it later today, in fact.
UPDATE: No I won't. There is much more going on and much more that I am reading. I will post something about this issue in the next several days, however. For now here is the most recent Revere Journal story on the case.

EVENING NEWS: Krupp, always animated, like most Defense/Civil Rights attorneys. Zabin, always steely calm, like most DAs. I could give you the roll call on those present, but suffice it to say that everyone's there. Well almost everyone. Conspicuous by his absence is one Evan Franklin. What was that show... I know... Baaa Baaa Black Sheep, but an ace pilot (or LE) he is not.
NOTE: Gift at bottom (it's a virtual gift, I discussed the picture frame concept with a court Deputy today and realized that even a paperweight given might be considered an impropriety). I also conferenced with Thor from the Daily Item about the matter of blogger/mainstream press in the Court, and I plan to work together with people like him, Judge Brady and other insightful people to craft a reasonable set of Rules for the future. Together, We Can.

Anyway, on to the closing arguments as set forth by Attorneys Krupp, Davis and Zabin, in that order:
Krupp/Iacoviello: Has the Commonwealth explained why, -- the have – if the shot was fired from the high school Daniel Talbot fell forward Not a single witness explained that. Might Evan Franklin, who ran after the incident, hitched a ride with Robert Impemba… and concealed the fact that he was at the high school have had a gun on him that he fired back at the kids hitting Daniel Talbot? I know Evan Franklin denied it, but would he admit it? The physical evidence says that was the positioning of Daniel Talbot’s body after he was hit.

Evan Franklin had a number of guns at his house, but you have to take his word for what those guns were. The police didn’t search his house, they didn’t confiscate or check any of his guns except for his service weapon that was in Soto’s truck….. Lieutenant Condit offered they couldn’t search his house because they didn’t have Probable Cause, but given Franklin’s actions didn’t they have Probable Cause? but there are other ways to search too. Lieutenant Murphy told you… they could have asked Evan Franklin for permission to search his house. Did they ask? Did he deny access. I want to discuss the integrity of the crime scene….. This investigation violated standard procedures in so many ways that it seriously undermines the evidence collected and the inferences you can draw from that evidence…..

Davis/Heang: “There are so many deals being cut and lies being told it’s hard to ferret out where the Truth is….. in order for it to be a gun within the meaning of the statute it has to be work. It was not operable, it was in pieces……Defendant Heang was there watching the master, Michael Picardi, disassemble that weapon. We know about Tommy Papandrea – we know he was involved in the shooting and he bears some responsibility but he was given a pass and you are entitled to consider that.”

Zabin/Commonwealth: “Cynicism is understandable…. Ignore the hyperbole and the appeal to cynicism. Those kinds of unsupported allegations have n place in a murder trial….. Billy Soto should never have removed those guns. But to take from that and to assume there was evidence tampering is an assumption made without any evidentiary foundation….. Tommy Papandrea stood up to every question that was asked of him and explained why he did it…..Defendant was destroying evidence, and asking people to lie for him. Whose DNA is on the gun…. it was Gia Nagy – this man’s girlfriend is the one destroying the murder weapon.”

Whatever the verdict may be, when I spoke with Officer Talbot's mother again (she spoke first with Kind Voice and it almost took me by surprise) -- and various other members of the family as I held the door for them on exit -- I looked them straight in the eye and said "God bless you." They know I meant it and I know they understand that I mean no ill will toward their son. I have lost two clients and a friend to gun violence, and those were the Worst Days of my Life, not to mention everyone else involved. Your only solace is that they went relatively quickly. People please, please learn from this, LE and Youth together and Quash the Violence (yah, lawyers say "Quash," sorry about that but squash is something you saute for omelets).

It was an interesting day on the 650R. Turns out someone close to the case rides the Baby Ninja, a 250. My friend, don't buy a Harley yet, I'll let you ride the 650R and think about what a well-balanced machine it is, it's better all around than a 636, shizzle. This is my friend Pat's bike, a Special Edition look closely at the tank. If you like cornering buy that Harley on the next round :)


THE VIRTUAL GIFT:

Dear Judge Brady:

I hope this note and printed pics find you in Good Spirits. This has been a somewhat arduous trial for everyone involved, and I thought I would take time to thank you for your professionalism and allowing me to share my observations and perspectives on this case as a daily blogger, a groundbreaking activity in this area. I thank you not only for my opportunity, but in advance for all who follow.

As to perspectives, here's one you don't see often from your position:

The Art Deco facade over your right shoulder. I gave you three colors so you can change the pictures in the frame to suit your present mood, this way everybody may be forewarned:

Blue = Bad Hair Day, get your flame suit ready.
Neutral = Proceed with Caution.
Golden = Absolutely Counselor, I'll grant that Motion and Award Attorney Fees!

Kindest regards,
Christopher King, J.D.
PS: For what it's worth Your Honor, regardless of where the Jury comes out, I find this to be the most compelling testimony of the entire trial, coming from a disinterested source who works with LE often and who took contemporaneous notes:

9 comments:

  1. PS: I would be remiss if I did not thank all counsel for exemplary efforts on behalf of their clients.

    -The Editor.

    ReplyDelete
  2. You Youth out there perpin' violence.... quit it.

    You LE out there perpin' violence... quit it.

    It's Our World guys - and One is all we need.

    -The KingCaster.

    ReplyDelete
  3. You know what would be great, if you showed the pictures of the trial and audio and video. This is a serious case with lives at stake and your putting up pictures of your friends bike????? Under the Talbot trial, I am very dissapointed Sir....not the time or place...

    ReplyDelete
  4. 2:28

    You know what would be great is if you stopped trying to hate on me.

    I have put more video and pictures up than any other media source out of my own wallet, and the only bike pictured on the blog is my bike and it was put up there pursuant to a conversation I had with a friend of the Iacoviello family.

    Similarly, I put a video up generated by a member of the Talbot family even though that's not directly relevant to the situation either.

    So you can go on being disappointed in me all you want to because you are being completely irrational.

    -The Editor.

    ReplyDelete
  5. PS: For that matter why don't you go and complain to the major networks about their niggardly coverage of the event? I took home $50K last year, and I'm footing the bill for this coverage, they have millions and give you 30 seconds. They could easily set up a portal and show you much more, but to date they have not.

    So you come to me because I give you all I can.

    Take your sour grapes elsewhere bro.

    ReplyDelete
  6. You are right, sorry, I guess I was acting irrational, your have given the most information and what everyone should see from the media. My appoligies.

    ReplyDelete
  7. 6:58

    Hey Bro/Sis,

    Sorry I didn't need to come back at you so harshin' either. That's the whole point here that was lost on 28/29 Sept. 2007:

    Let's settle differences without the vitriol or the chrome and metal sh*t. I'll keep working on it as best I can.

    Peace.

    -The Editor.

    ReplyDelete
  8. Chris, I you don't have a crystal ball, but could you maybe give some insight on how long the jury is deliberating on a verdict? Is it the longer the jury takes to decide a good thing for the defendent...

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  9. 2:46

    First off, one day is nothing. They got the case at like 4p. on Thursday and there are four distinct charges and two Defendants to work on.

    I'll say the same thing I told someone at my personal blog:

    8:53/YouTube:

    I never declare my guess as to the ultimate verdict in a case not my own except once on that Michael Isreal case -- I put those old VHS vids up last week -- I know we had really kicked the State's ass, and sure enough that all-white Jury came back in like, 1:40 I think it was and said "HELL NO NOT GUILTY!"

    I will say in this case that the State helped to create an aura of substantial doubt by its own actions, and no matter what fathead schmoe writes in to me to complain about, you cannot excuse the actions of the State that put their own case in substantial peril, whether it be G, NG or Hung.

    *********

    From the YouTube email Tip Jar:

    Dan Talbot case

    I was friends with Danny for over 10 years.. You have no idea what kind of person he was.
    I would love to talk to you and tell you more about him. I know its hard to understand why
    Revere Police officers would ever go and have a few beers behind the high school.

    I've watched all the videos you have posted, and it does seem strange how everyone there
    that night has their own recollections of what happened.. NEVERMIND WHAT THAT ASSHOLE FRANKLIN DID... I hope to speak with you someday.

    Danny was a great kid who made a bad decision to get involved with some of these people. Thanks for taking a minute to read this.

    I hope to hear from you soon.....[Nunya' Bitness]

    ReplyDelete