Robert Higbee trial on May 27
Not a lot of testimony today. The State’s last witness was the medical examiner who only reviewed the report of the ME that actually conducted the autopsy of the two victims in the case. Normally I’d take great issue with that but it didn’t seem like that big of a deal here. Higbee’s attorney William Subin made some interesting points with the ME by bringing out the fact that the victims were killed by numerous injuries to the head and that at least one of the victims were not wearing a seat belt. Thus, the ME cannot say that Higbee directly caused the deaths of the victims.
Of course, you don’t want to blame the victims, but raising the issue as a minor defense theme could create some more doubt with at least a juror or two. It will be interesting to see how they play that car.
The other big news item was the Defense’s motion for a judgment of acquittal. These motions are almost always denied. However, this one was rather interesting as it was William Subin vs. Judge Batten. It was almost as if the prosecutor wasn’t there. While I normally wouldn’t want to lay everything on the line like that, I suppose there is nothing to lose as the defense is rather obvious.
I hope someone working for Subin recorded this and took notes as Judge Batten is rather well thought out and as a result, he really gave Subin the prosecutor’s entire summation. Good stuff.