Today In Court – Tuesday March 22, 2016

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Court resumed at 10 am this morning, but without the jury. The Judge heard various concerns from both the Crown and Defense on proceeding with the Prosecution’s next witness, Dr. Jonathan Gamble and the evidence they wished to lead. Of course, the jury was separated from the court during this process, and the details cannot be made known through this publication due to publication bans. We can report that this is the Crown’s last witness before closing their case, and they had every intention of maximizing the influence this witness could be on the jury. However, Defense counsel reminded the court that trial fairness for Dave & Colette could only be maintained with redactions, editing, or outright denial of certain subjects and documents proposed by the Crown as evidence.

Generally, justice is like a tent, requiring equal tension on each side to keep it upright. Unfortunately, the Prosecution has far more ropes and pegs pulling on its side of the tent than does the Defense. The Judge does not maintain equilibrium between the competing tensions unless objections are raised. If unaware, one side could lose control to the other’s advantage. Defense counsel in this case is one man against the vast resources of the government. Their abundance of staff lawyers, paralegals and office assistants bolsters their tugging exploitations. This isn’t just one small family against the mighty medical machinery; it’s also one man against the Crown.

The jury joined the court at 1:30 pm and the CV of Dr. Gamble was reviewed and a lengthy background of his expertise established him as an expert. This the Crown used to launch into their retelling of details we have heard from many other doctors during this trial. We will dispense with details of the Crown’s direct examination tonight, and conclude tomorrow when Defense counsel completes their cross-examination of Dr. Gamble. Check in tomorrow as we report on how the Crown’s case concluded.