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: