Robert Higbee trial on May 19th
The same witness was on the stand all day and didn’t even finish. TruTv stated that the most damaging testimony against Higbee was the fact that Higbee should not have went through the stop sign. As a 7 yeard old may say, Duh! The issue here is that Higbee didn’t see the sign, not that he saw it and said, screw it, I’m going for it. Thus, I don’t see how that testimony amounted to anything.
On the other hand, it seemed like Higbee’s attorney, William Subin, scored a lot of points on cross. He did a great job in focusing on the fact that there were any number of reasons for “someone” to not see the stop sign. The testimony got rather complex at times and I am simplifying this. Now if the Prosecutor is smart, he spends most of his re-direct tearing down this testimony by getting him to say that while “someone” could be distracted by this, that or the other thing, he cannot testify that Higbee was in fact distracted by anything. However, Mr. Subin already took care of some of this by getting the witness to indicate that he didn’t even investigate Higbee’s perception, distractions, etc.
The bottom line is, this cross was the most important so far for the defense.