Daily Archives: May 18, 2009
Robert Higbee trial on May 18th
I feel sorry for the jury today. They sat through hours and hours of testimony from only one witness and they didn’t even hear any cross yet! The witness on the stand today was the accident reconstruction expert. I understand that there is some foundation evidence that the prosecutor has to get into, but seriously, today was painful. It was also cut short by a family issue with one of the jurors.
This was a big break for the defense. The jury will likely forget most of what they heard today and the defense can prep for cross tomorrow. While this jury can take notes, TruTv has reported that they have not used their notepads that often. One of my biggest issues with the defense in this case is that Higbee’s attorney matches the prosecutor’s tone. While you don’t want to come across like a jerk, you need some passion in your voice.
Of course, some attorneys are just a certain way and you don’t want to be something you are not. It would be nice if another attorney would do some cross from time to time. That attorney can use a different style which will really have the jury pay attention. After hours of boring testimony, a half hour or so of quick, surgical-style cross with a lot of passion would go a long way with the jury.
Firefighter charged with sexual assault
James R. Serfass, a lieutenant with the Upper Black Eddy Fire Company and the son of the station’s chief, was charged with second-degree sexual assault and fourth-degree criminal sexual contact of a 14 year old girl. Police were called by the girl’s father about activity that occurred two days prior. When the officer was at the house taking a report, Serfass showed up to apologize. He was arrested on the spot.
Based upon the charges, I can make a guess as to what took place. I am sure he made a statement as he was ready to apologize to the father. If this case can be handled quickly by a good attorney, Serfass should be able to avoid prison.
Story is here.
Seven charged in 1997 murder
I always like these old cases from a defense stand point. Although there is no explanation as to why Phillip E. Wylie, 34, of Washington Avenue, Asbury Park; Cedric O. Smith, 37, of Jackson Street, Freehold; Sean D. Harris, 36, of Asbury Park Village, Asbury Park; Darren K. Sims, 32, of Boston Way Village, Asbury Park; Alphonso T. Edwards, 31, New Street, Asbury Park; Antonio E. Grant, 30, of Third Avenue, Asbury Park and a seventh defendant were charged 12 years after the death of Andre Williams of Asbury Park it certainly seems interesting. There are going to be many witnesses that forget what they saw and heard which is great from the defense side.
Whether or not this was a murder was unknown until 2006 when Monmouth County detectives developed some new information. The investigation picked up and something led authorities to charge seven people in the alleged slaying. As always, with seven people you have to be careful that someone is going flip if that hasn’t happened already. One person flipping is easy to deal with but three or four can be tough. Otherwise, the State will need some great evidence to put together a murder case that will be probably 15 years old by the time it actually gets to trial.
Story is here.
Tonacchio Law LC 