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Archive for September 7th, 2011

7
Sep

courtroom becomes theatre of the absurd

Consider defendant Ralph E. Donaldson, of Dayton, Ohio.  In 1997, he plead guilty to attempted murder for beating his girlfriend into a state of total disability.  Defendant Donaldson was sentenced to eight years in prison, then given an extra twelve years when he violated his parole in an aggravated burglary charge.

Nice guy.

Then, the victim, his former girlfriend dies, and Donaldson is charged with murder.

Now defendant Donaldson pleads not guilty.  His defense?   The death of Deborah Nooks, the victim, had nothing to do with the severe beating.  Nope.  The defense claims it’s clearly a case of malpractice, and the defense would like to use Dr. Werner Spitzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz to prove it.

Dr. Pitzzzzzzzzz, who never met an intact skull he didn’t like, is sure to offer comic relief in Dayton.

And, guess who pays for Dr. Spitzzzz, if his testimony is allowed?  Surprise!  He would be paid using taxpayers money because defendant Donaldson is indigent.

Wait, there’s more……

  • Dr. Fitzzzzzzzzzzz charges a cool $5,000 per day,
  • Cool Dr. Bitzzzzzzzzzzzz charges $400.00 per hour to review the medical records, and
  • The supreme medical examiner charges $1,500 to write a report of his findings.

I had the opportunity to review the report done by Dr. Fatzzzzzzzzz in this case.  It was not in the least bit impressive, as you can see.

Here it is:

I am not making light of this terrible case.  It’s a horribly tragic case in every sense.
But, I am making fun of Dr. Nitzzzzzzzzzzz!

It’s like a Theatre of the Absurd play when Spotzzzzzzzzzzzzzzz makes an appearance.  His testimony in the Casey Anthony trial was so bizarre it was both unbelievable and sad.  Sad because the once esteemed doctor still wants to strut his poor self on the stage, when he should retire his act and scoot off to Bora Bora for some fun in the sun.

Courtrooms are not the place for the resurrection of a has-been.  Dr. Pitzzzzzzzzzz’ hay-days are  over now.

The victim, Deborah Nooks, was so severely beaten by the defendant in 1997 that the only way she could communicate was to blink her eyes “yes” or “no”.   She was completely incapacitated.  That’s how she lived until August of 2009, when her poor body gave up the fight and she died.

Of course, you’re wondering what will the defense of Defendant Donaldson be?

The defense position:  She died as a result of malpractice.    “Malpractice!”

Oh yes, Ralph E. Donaldson, who plead guilty of attempted murder, now claims he didn’t do it.  Nope.  It was malpractice.

Okay, that’s peachy, but malpractice is serious and it involves doctors, not boyfriends.

If the death was a result of a doctor’s malpractice, then it’s malpractice, not murder, right?  So, why would a charge of murder be on the table, too?  Does this defense strategy make sense to you?

Will this defense attorney ask a jury to believe that an unknown and unnamed doctor was at fault, not the defendant?  But, who would be responsible for the malpractice?  Can a defense attorney just claim malpractice without providing any proof of it?

It doesn’t make sense because it’s a bogus defense, made bogus-er if Dr. Spatzzzzzz testifies.

The Court in Dayton has not yet agreed if it will allow Dr. Fatzzzzzzzz to testify.  The county prosecutor is arguing that the fee is too high, and where is the evidence of malpractice?

Okay.  So, there is an indigent client who, in 1997, beat his crack-head girlfriend until she nearly dead. He beat her and when she was down, he stomped and stomped and stomped on her head like he was putting out fire.  Now, when she dies as a result of being in a near vegetative state, malpractice is the culprit.

I think some defense attorney’s watch too many cartoons.

This defense attorney said, about cause of death:

….cause of death is such a controlling issue in this case. It’s Mr. Donaldson’s position he didn’t inflict a fatal injury….We think likely medical malpractice was the cause of her death.

The attorney prosecuting this case said the discovery released in this case does not point to malpractice, and no evidence exists to make such a claim.

Well, there was no evidence that George Anthony abused his daughter, Casey.  There was no evidence that Caylee Anthony drowned in the pool or that George had a hand in it.  There were a lot of allegations thrown against the wall in the Casey Anthony case which ended up playing a huge part in her not guilty verdict.

Something tells me this defense attorney wants to take a page out of the Jose Baez playbook.  No doubt he thinks Dr. Ditzzzzzzzzzzzzzzzzz will save the day for his client.

Now, everyone deserves a passionate and vigilant defense attorney who will hold the government to task.  I’d want my defense attorney to demand that the government proves their case against me beyond and to the exclusion of every reasonable doubt.  And, I would fight like hell, too. (Well, I’d probably mostly cry.)

I believe in our system of justice – there is none better.   But, c’mon!  Defense attorneys can’t make things up!

There is truth and there is….

BULL-Shatzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

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