27 January 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: Well actually I won't. There is much more to that story, it's marinating. Meanwhile here's 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:

13 comments:

Christopher King said...

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

-The KingCaster.

Anonymous said...

We've all seen the Dateline NBC type shows where a professor is giving a speech and a "robber" runs in and steals his bag. The class is asked to then write down everything they can about the robber, and most get description wrong. Now, imagine being drunk, seeing your best friend shot in the head while you hold his brains in, and not knowing the kids ambushed you. Of course you;d assume the kid who was yelling at you shot at you. This is not the damaging testimony king wants you to believe.

Christopher King said...

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.

Christopher King said...

11:44

We've all done that experiment in Law School and you raise a generally valid point.

But if it weren't damaging you wouldn't mention it. Of course confusion can happen but before Officer Soto held Officer Talbot he had a recollection of what happened, and that is a very lucid moment for most of us, plus he had opportunity to observe "the shooter" twice.

Besides, there are a ton of damaging -- and very troubling things -- about the State's case and you know it.

You shoot guns man, tell me what is the probability of that spent casing landing on that there Gatorade bottle?

It is so infinitesmal you can't even calculate it bro', ask ANYBODY who shoots guns, jeezlouise.

Not to excuse the actions of ANYBODY that night, but don't be such an apologist.

-The KingCaster.

Anonymous said...

Is Krupp just now trying to say that Sargent Franklin is the one who shot Officer Talbot? Why wait for closing arguments to do such a thing?

Christopher King said...

2:29

I think it's been implied all along, I saw it back when he was inquiring about why they never searched his home.

I heard that there was other testimony that he wasn't spectacularly out of breath on the ride home, which doesn't fit with him running up the hill to get home.

Gosh knows he was sweating up a storm in Court, and he wasn't even running from anything there, so to speak.

Heck, I dunno what really happened out there, despite what, 3 weeks of testimony so let's see if the Jury can make sense of it one way or the other.

But you do agree with my Larger Premise, right?

-c

Anonymous said...

I want to start off with saying thank you king for everything you have done in regards to this case... i personally went to school with and known bobby for years. some of his family grew up being friends with some of my family... i remember on one occasion we were in high school (RHS) someone was breaking school property in the men's lavatory at which time i was there using one of the urinals, bobby (the defendant) walked in while this was happening. and said,

" This is senseless, im not going to get in trouble over someone else is mess."

... bobby had made that statement at that time and i can't help but ponder this over and over. And how he may have gotten himself rapped up in "Someone else is mess." just thinking of how ironic that scene in the lavatory ended up to be. (And ironically enough this bathroom incident was only yards away from the crime scene a few years prior to the night of the shooting)... I think about it everyday... but, thank you i couldn't make any of the trial. but thanks to you i haven't missed one step.

Christopher King said...

10:40

You are more than welcome. As someone who got in trouble as a yoot I must say that the quantum of trouble that yoots get into these days is wholly unbelievable.

As referenced in this 1992 Education Coalition feature, we got in trouble over cutting class to play tennis or space invaders, a couple fist fights, smoking butts in the woods at high school, right.

Now these yoots are settling it with the chrome and metal sh*t, and I put much of the blame on this bullshit Hip-Hop/rap culture that has DEVOlved from its earlier more positive and humorous culture.

When I was cuttin' up it was like this dual life because I was always active in good stuff, high school state debate finals (dig the glasses he-heh_ SCREAMING 1982 LOL), tennis team, chess team, blah blah blah and folks would say WTF King why you illin'... you come from Good Stock boy quit it.

Same thing goes with today's misbehaving yoot and LE. Y'all come from Good Stock, so quit it. We should all be chillin'.

Peace.

-The KingCaster.

Christopher King said...

You know it just doesn't stop with some people. Read what someone wrote in to say over at the Touch FM blog and my response:

*****

Anonymous said...

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...
January 28, 2010 2:28 PM


**********

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.

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.

Anonymous said...

thiscasestinks too much doubletalk and cover your ass!!!!!! why all the inconsistant testimony? why does a party to the crime leave the scene with physical and forensic evidence??? why is a sworn officer of the law who is trained in crime scene preservation and investigative technique and protocol become a part of a systematic plot to hide,distort and destroy critical facts and truth itself? the thoughts that raise doubt and seriuos questions about sworn testimony beg to be answered do they not??? is the court seeing a secondary crime being commited? those with eyes are obligated to see. just a lawabiding,honest mans' thoughts

Christopher King said...

From the email Tip Jar:


Reply

|
Paul Mulligan
to me

show details 10:30 PM (24 minutes ago)

PUT THESE IN YOUR BLOGGGG,,, GANGSSTA!

******

I wrote back:

Okay, I did.

Question still remains though, who are the real OG's in this case?

A bit of everybody, that's my point.

Duh.

-The KingCaster.

Christopher King said...

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]

Christopher said...

We rapped, and we will rap again.

I'm not going to say anything more about the conversation lest I divulge the person's identity but it was a nice chat about an ugly situation, all around.

-The KingCaster.