Prosecution Witnesses:
#5 Devra Robitaille (1101(b) witness, testimony completed)

I think this was the most excruciating day of testimony to date. In the afternoon session, the witness had to ask Judge Fidler for a break because she said she felt like she was going to faint. During the break she sat on the steps leading up into the witness box. It appeared like she might have had some difficulty getting to her feet.

Back and forth it went, back and forth. The cross examination and recross by Weinberg was relentless, digging up every minute discrepancy between Robitaille’s interviews with several reporters, her initial interview with law enforcement and her testimony on the stand today. It was long, tiring and I’m wondering if he lost the jury with the points that he was trying to make.

I have to say that I believe Robitaille held her own against Weinberg’s consistent attacks on her memory and what she testified to on the stand. Weinberg is doing what he’s paid to do and it certainly wore down several of us in the gallery. The only significant point I felt Weinberg made all day was during cross examination of Robitaille on the single interview she gave to law enforcement that was tape recorded.

On the taped interview by the two detectives, Robitaille is heard to say something to the effect that she couldn’t remember what was said at the second incident. It is Detective Frayeh who asks Robitaille if Spector said, “I’m going to blow your f***ing brains out.” If I’m remembering correctly, Frayeh asks her this twice, on the tape. Weinberg is doing his job, bringing this point back up again and again, several different ways. This contradicts what she told Caroline Graham (sp?) and later, Mick Brown. Robitaille told Mick Brown that when Spector was holding the gun to her head he said, ‘If you try to leave I’ll pull the trigger.’ “(Page 299 of the hardback edition of Tearing Down the Wall of Sound.)

To read the ongoing coverage of Sprocket on the Phil Spector retrial, take 2 visit Sprocket’s site.

http://sprocket-trials.blogspot.com/2008/11/phil-spector-retrial-day-five-of.html.

©Sprocket
November 13, 2008
Used with the permission of Sprocket – crime “junkie” trial watcher – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, Sprocket, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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The Battle of the Discovery Violations Accusations

Prosecution Witnesses Presented Today:
#2 Dorothy Melvin (now under cross by the defense; unfinished)

This is a short entry to give you and idea of what happened today. I have some sewing orders that I have to get out, and once I get that done I’ll be writing up some detailed notes covering yesterday and today, so please keep checking back for that much later tonight.

Not much got accomplished today. You could sum up the day as the battle of the discovery violations accusations. Both sides are claiming foul.

Apparently, Mr. Weinberg got a report from his investigator into Tannazzo’s background. Since Weinberg didn’t have any “official” or “certified” documents, he kept saying he didn’t have any discovery material to hand over. In a complaint to the court outside the presence of the jury Ms. Do said, “He lied to us and he lied to the court about what he had [...] and he sandbagged us and he sandbagged the witness…”

Ms. Do told the court she had to tell Mr. Weinberg that she saw the documents he had at the podium, and once she did that, she told the court he handed them over.

Weinberg responds: “Lets be real. I’ve have received zero discovery from the prosecution about the last trial.” He continues to complain that the prosecution did not give him any discovery regarding new analysis that Dr. Lynn Herold has performed.

(I heard AJ tell Mr. Weinberg about this informally before the start of opening statements on Wednesday. Mr. Weinberg only asked one question of AJ: “Is her testimony going to change?” AJ replied, “No.” Now he brings this up in defense of his own actions?)

Back and forth, back and forth it goes. Weinberg continues to complain that the prosecution has held stuff back.

To read the ongoing coverage of Sprocket on the Phil Spector retrial, take 2 visit Sprocket’s site.

http://sprocket-trials.blogspot.com/2008/11/phil-spector-retrial-day-two-of.html.

©Sprocket
November 6, 2008
Used with the permission of Sprocket – crime “junkie” trial watcher – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, Sprocket, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.