Going on Martinez’ performance to date, we all know what a below-par prosecutor he is… and how Jodi has run him ragged all week… but it’s always good to see all his shortfalls explained in detail.
With that in mind, check out the following overview of Martinez – kindly posted here yesterday by UNF – and see how many you can relate to.
The final score from last week: Jodi 5 – 0 Martinez.
Note: His “issues” could also be connected to him being the seventh of eight children born to illiterate Mexican farm workers. Enjoy…
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“Some notes on the performance of prosecutor JM (by a non-US law student):
1. JM is a painting-by-numbers type lawyer; more a mechanical grafter than natural talent.
2. During XE, his method dictates that one must keep the witness on an extremely short leash, allowing yes/no answers only, without elaboration. This indicates fearfulness of losing control, due to a lack of ability to intelligently improvise on the basis of any unexpected information which may emerge.
3. However, there are some major problems with following this rule of thumb too rigidly:
– A) in order to paint a coherent mental picture of the guilty scenario for the jury via only yes/no answers, the formulation of the questions put becomes extremely important. To do this properly, one must have a masterful command of the facts, a vivid imagination, unbreakable focus and a clinical command of the language in use. JM is rather weak on all 4 here, but ‘compensates’ by hardly listening to the witness and persistently trying to modify his questions after having gotten the answer. He thus wastes energy fighting the witness instead of skillfully eliciting the testimony required to prove his case.
– B) the witness, if allowed to elaborate, may inadvertently offer evidence favourable to the prosecution. It appeared to me that several times he has thoughtlessly prevented JA from helping herself to more rope (pun intended).
– C) if done in an over-emotional manner (JM’s voice often cracks up with frustration) in front of a jury it comes across as bullying or unnecessary hostility, thus generating reactive sympathy for the defendant.
4. He lacks grasp of the English language, often struggling to find words to express himself. JA is well ahead of him on this front and has the (for JM, infuriating) knack of making it painfully obvious by fixing on the subtle difference between what he said and what he wished he had said.
5. He appears to have a short temper and something of a sensitivity about being Hispanic, as seen by his accusatory jibe that Nurmi thinks “all people with Spanish names are the same” after innocently mixing him up with Flores early in the trial.
6. He would evidently benefit from having assistant counsel but apparently ego does not admit this. Possibly connected to his hinted inferiority complex.
7. He is not enjoyable to watch and his excited voice not scoring points will grate on the jurors ears, so they tune out his noise as much as possible.
[ atm, a hung jury looks to me the most likely outcome ]”
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Remember: We are Team Jodi, and WE WILL BE VICTORIOUS.
Ain’t that the truth…
Leave your thoughts below.
SJ
Team Jodi