QUOTE (noodle @ Feb 1 2010, 08:11 PM)
With that being said, here is my 'what if". What if this nurse is truly innocent?~
I see you're new to TalkBack. Glad you felt comfortable jumping in on a controversial topic.
Under the American system of jurisprudence, juries don't have the option of declaring someone innocent. They only get to say whether the prosecution was successful in establishing guilt, or not successful.
Juries are not handicapped, as we are, in having to read summaries in the paper of the trial. They get the entire trial, and in addition to what is in the transcript, they can hear the people testify, and use such evidence as pauses in answers, clearing the throat, touching the face with their hands, etc., in order to determine whether someone is telling the truth or not.
As a general rule, it's not a good idea for defendants to testify on their own behalf. In this case, the defendant didn't really have any information to add, and yet her attorney called her to the stand. He must have felt that the prosecution had pretty well done its job, and he was hoping against hope that the defendant would be able to sway the jury on emotional appeal.
That doesn't mean she gave Brent the morphine. That means the prosecutor presented a compelling argument. Perhaps if Ms. Woomer had charted regular monitoring through the night, instead of stopping at 2:30, a point at which she testified she didn't know whether he was dead or alive, it would have made a difference.
I"m hoping that the judge gives her a very light sentence, but I've been told, in PM, that it's not likely to happen, that this judge is relatively harsh.
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