31 January 2010

Dan Talbot murder trial 1 Feb 2010: Put the guns down!!! ....... Jury's out, can the State's case survive the weakest links?

Note: New KingCast video of Joshua Buxbaum noting that he told Officer Soto to put the guns down. Pacino said it with a bit more force (at 1:08-1:34), but the message should have been clear enough from Mr. Buxbaum, a former LE and current Homeland Security consultant.

The weakest link in any case involving the State is typically the State's own witnesses. As a Defense lawyer, you get one cop admitting the other cop screwed up -- or worse yet lied -- as I did in this video with Officer Johnson (see below), and you're Good-to-Go. In the case of Commonwealth v. Iacoviello we can readily identify two such witnesses who vie for the position of Weakest Link: William Soto and Evan Franklin. Franklin is a known tool who bathes in a vat of French's no questions on that one, allegedly running from the scene (again, as he ran from a two-car accident as a cadet and somehow got reinstated a coupla' years later read the commments) and purportedly not knowing what kind of guns he owns. And boy was he sweating up a storm in the Courtroom. We don't know about Soto's history because the Court ruled it wasn't coming in on prior occasion, but while he was on the Stand he and the Paramedics both recall him putting the gun in Lodie's hand, which doesn't exactly give the State a Major Toe Hold.

Near as I can tell -- And I'm pretty sharp on the uptake -- the Defense has to rely on its hopes that they have dinged-up Soto and Franklin enough to carry a NG Verdict.

You see, the other thug life witnesses are almost tertiary because if the Jury believes the two weakest links then it will likely find the other issues less than compelling, and vote 'G.' But if the Big Dogs go down, the case is irrevocably toasted and Iacoviello and Heang will walk, 'NG.' Either way, the Town has a lot of growing up to do, both the LE and the Yoot. It's really that simple, that's why they call me the Metaphysical Reductionist, trial consultant.

16 comments:

Anonymous said...

Question; if Soto put the gun in Lodie's hand, did ANY testimony besides the jailhouse informant's put the gun in Iacoviello's hand? I can't understand the state's case based on the reports I've read...

Christopher King said...

Answer: No.

And that is what the Jury is grappling with right now, trying to get its collective arms around this case.

Where it turns out is anyone's guess.

I'm off to Court to discuss a few things with His Honor, as noted in this post with a new YouTube phone conversation with DA Conley's Office regarding the school video that I fully intend to inspect, copy and post.

-The KingCaster.

Christopher King said...

PS: Of course the other issue that some short-sighted haters miss when they rail on me is the FACT that the State's conduct gives both Defendants a terrific Manifest Weight of the Evidence argument on Appeal should they be convicted.

I'm heading up to the courthouse in 10 minutes I'm downstairs at Kinko's now, there is some problem with the printout of my business cards urrgggghhh!!!!

-The KingCaster.

Anonymous said...

Please help me out, Chris; very briefly, why does the state say they believe it was Iacoviello who fired the gun rather than Lodie or someone else?

In his closing argument, did Krupp emphasize self-defense as well as "the wrong guy", or just "the wrong guy"?

Thanks, and please keep up the great work questioning authority and holding authority accountable.

You are more of a patriot than most.

Christopher King said...

DA's Office reading right along 'cos they know I know what's up:

IP Address 204.58.32.254 [Label IP Address]
Country United States
Region Massachusetts
City Roslindale
ISP Massachusetts District Attorneys Association

1st February 2010 09:47:40 Exit Link https://www.blogger.com/comment.g?blogID=13439084&postID=45251821683856796

Christopher King said...

Among other things, they also reviewed this pic of Prosecutor Zabin, I think it's a decent pic, a little noisy but he was moving fast and it's my only photo opp because the bailiff moves in between me and the jury even though I can shoot the object from afar without getting the jury, as you have seen on several occasions.

-c

Christopher King said...

And of course they are reading the North Shore Tab about Weak Link Billy Soto:

http://myrevere.net/default.asp?sourceid=&smenu=1&twindow=Default&mad=No&sdetail=6803&wpage=&skeyword=&sidate=&ccat=&ccatm=&restate=&restatus=&reoption=&retype=&repmin=&repmax=&rebed=&rebath=&subname=&pform=&sc=1359&hn=myrevere&he=.net

As I said folks, N, NG or Hung, the town -- and yoot -- need to sparkle up and quit the shady stuff.

-c

Christopher King said...

3:42

Sorry I missed your question in the queue.

The State is saying that it was Gia Nagy's DNA on the disassembled weapon that Picardi was working on and that points to Defendant Iacoviello.

The State is saying that Tommy Papandrea puts the gun in Bobby's hands, here is the relevant testimony there from 12 Jan.

Also there was the testimony of some cat Randy Furtado who roomed with him for 3 days who says Iacoviello came up to him and confessed. Read that here in the 20 Jan post.

-c

Anonymous said...

I could have sworn I saw the video tape sticking out of Dan Conleys jacket! It was tampered with and thats why they didnt show it during the trial!

Christopher King said...

I thought they did show it during trial, early on before I started coverage.

But thanks for reminding me, I need to ask His Honor about viewing that.

-c

Anonymous said...

I was a juror on this trial. We discounted Soto's testimony pretty much as his was so different than everyone else . This cop was pretty shady all around. He was the one who removed the two guns ( his & talbots) from the murder scene. His testimony had changed much too often from the Grand jury account .. Lodi having the gun that ended up killing Talbot just made no sense. The elder Hung, Bobby and Tommy were the only 3 it came down to. We believed Tommy was coming clean and telling the truth. Hung is a worm of a human being. None of his testimony was taken to account.He threw his own kid brother under the bus... He did not have to involve him at all . ALL roads lead to Bobby no matter how you slice it. We spent hours on trying to decide if he was to be convicted of murder 1 or 2. We had two hold outs for murder 1 and thought we would be a hung jury. In the end it was pretty clear we all made the correct decision .

Christopher King said...

8:24

Thank you for your candor, I figured one or more of you would write me. I hope you enjoy watching the videos (inasmuch as one can "enjoy") anything about this case.

Let me know what you think of Michael Racca's testimony.

Peace.

-The KingCaster.

Anonymous said...

As someone who has a personal connection to this trial, I looked at your blog out of curiosity when I saw you filming at the trial. I was quite surprised to see your portrayal of the trial as nothing more than an opportunity to mock the off duty officers and law enforcement in general. It was a murder trial, however, you were more interested in pretending to do Jaeger shots during your commentary.
I guess it seemed an easy target to completely mock the police officers involved in this case. However, your exaggerated comments made it sound as if they were running around waving their guns in the air looking for trouble. Yes, they went to a restaurant for drinks and later went to a field with a cooler of beer. This in no way justifies what happened to Daniel Talbot. Thankfully, the jury also realized this fact. Several of the officers had their weapons because they happened to have been at a shooting range prior to going out. They did not carry them off duty for fun or with the intention of causing trouble.
At that field, Daniel Talbot may have chosen to exercise poor judgment in making a comment to Derek Lodie. However, Derek Lodie called his friends with the purpose of ambushing those off duty officers. He didn't call for any other reason. What if Daniel Talbot and William Soto had not been carrying their weapons - then what? Perhaps, Derek Lodie and Robert Iacoviello would have slaughtered them all - sitting ducks for a couple of gang members. This thought kept many family members awake at night for weeks following September 29, 2007. They all could have been killed. I am not trying to suggest that is was appropriate for off duty cops to be drinking in the bleachers, however, I don't think it has been fairly portrayed by you. Derek Lodie called his friends to come to RHS and shoot people. Why is that acceptable? Why are you not outraged that the answer to someone saying something you don't like - is that you call your friends and go back with guns? Daniel Talbot paid for his choices with his life, Evan Franklin paid for his choices with his career, and the remainder of those present paid with their memories - they watched a loved one and friend die in front of them. None of them will ever forget that day. Then they got to relive it in a courtroom and read the ugly comments written about them by you and others.
Justice was served on Tuesday when the jury returned a verdict of guilty. Now those involved can try to move on from this tragedy. I hope that is possible.

AMD

Christopher King said...

I'm not going to argue with you.

Offended? Take a look at DA Conley's attitude, that's what's offensive, I'll shoot him down good, with my lil' Canon.

It is unfortunate that he hasn't learned from the tragedy because he's still pointing fingers and escalating situations so I had to shoot him.

Legally.

Anyway, partial Justice was served because people with extensive records were not punished or even indicted.

As to me doing a shot of Jagermeister, I'm glad that offended you. It was no act, it was real. And it was supposed to offend you just as I am offended by the actions of EVERYONE that evening, but as a former LE/State Attorney I feel that the State and its actors have a higher responsibility and that responsibility was violated.

I have repeatedly said the youth and LE need to learn from this and stop the perpin' and the hatin', I guess you missed that even though I have said it repeatedly.

Whatever man, I have spoken with Danny's brother at length and he and I are cool, so you can't be any closer than that, so why should I really care at this point what you have to say?

PS: The bullet on top of the Gatorade bottle is complete and utter bullshit, and you know it. That would have burned into that Gatorade bottle, I shoot guns dude.

No bullshit, right?

Admit that it was bullshit.

-The KingCaster.

Anonymous said...

the funniest thing is, as i look at all these comments, i personally know all these kids and have grown up in this city since i was 12, anyone knows that these revere cops( gangstas with a badge) are the biggest gang in this city. Almost every cop has a prior record, involved with doing drugs and criminal acitivity. What makes them any better than any youth growing up in revere? answer me one question? why was talbots gun found missing? do you wanna know why, he shot first, the states key witness (papandrea) even stated he shot first and thats exactly why the fiance sed who ever shot, shot in self-defense, and im not trying to incriminate the wrongfully accused but EVERYone in this city, even surronding officers from different cities know somethngs wrong with this whole scenario. You personally go up to a malden, chelsea, everett, boston cop and ask them one question....what do you think of the revere police...and they'll say one word...CROOKED..Put it this way, would the state rather put a gang-affilated kid away for life who had prior records or put away a cop who has a family a pension and throw away there carrer? One cops life was already taken why take anothers? If anyones to blame, the officers that night who put talbots life in there hands should of been prosecuted and charged for his death. If this was the other way around and talbot had shot iacivello while he was off duty he would of gotten a medal and a parade the next day. Regardless a life was taken but is right to take another mans life for just being there. I dont expect anyone anyone whos not from revere to understand but if you are you get were im coming from...i can go on and on

Christopher King said...

8:10

I know, and what I have documented, by making the trial so pubic, is just part of a Larger Issue that will remain as shielded as they can keep it.

Evan Franklin's reinstatement to the force, along with his track partner (i.e. the 1,000m dash from crashed car Gold Medal Winners the both of them) Todd Randall, is pretty much black and white flat out WRONG.

If he hadn't been brought back by political influence, he wouldn't have been on the force and buying Jagermeisters on that fateful day.

-The KingCaster.