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September 7, 2011

5

courtroom becomes theatre of the absurd

by Andrea O'Connell

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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5 Comments Post a comment
  1. Hilde
    Sep 8 2011

    Andrea, great Post!
    I figured that the Anthony Case will influence other Criminal Cases, it doesn’t surprise me at all that we already seeing Signs of that.
    Defense Attorney’s and Prosecutors also Judges will look at the Anthony Case and see what worked and what didn’t work and take it from there.
    If nothing else the Anthony Case is a great Learning Tool.
    Dr. Werner Spitz’s Testimony was a Joke, how any one could have taken what he said serious is beyond me, he didn’t make any Sense whatsoever!
    He might have been great in his field back in his Days but those Days are long gone! He really needs to step down and enjoy Retirement while looking back at the times he still knew what he actually was talking about. Those Days are obviously are long gone,he has proven that on the Stand in the Anthony Trial.
    It was embarrassing, say the least to listen to his Non Sense.
    Andrea, I really enjoyed this Post and how You expressed Your self, it came from the Heart and is very passionate.
    I had a big smile on my face reading it 😉

    Reply
    • Sep 8 2011

      ITA!

      I love the research Andrea put into it and that she shared some of that by showing us Dr. Ditzzzzzz report on the skull. Now that’s good investigative reporting! Tony Pipitone, step aside!

      Reply
  2. Sep 8 2011

    Besides fixing what is needed to be fixed concerning sequestered juries, I believe there has to be something done about defense lawyers making unfounded outrageous accusations in their defenses. Its immoral. Its an awful affront to the victim of the crime being tried but also to the innocent accused.

    No one fears the “so help me God” part of our judicial system anymore and this is what we get…

    Reply
    • Andrea OConnell
      Sep 8 2011

      Hey Sherry, Well said and very much true in my opinion.

      Sent from my iPhone

      Reply
  3. Sep 8 2011

    How is it the jury was told that anything said in opening and closing is NOT TO BE USED AS F A C T. If the jury followed those instructions, then the drowning should not have come into play in their deliberations. There was no proof that George had disposed the body, nor Kronk for that matter. How is it the jury ignored the Judge’s rules and decided to vote on their subjective emotions, that they didn’t believe George’s demeanor or testimony, therefore, Casey should go free. There was not one shred of evidence that George or Lee abused Casey, which led her to lie!!!!! It’s beyond belief that the rule of law was changed upside down, allowing a cold blooded killer to be set free. If you ask me, and I know you aren’t, but, choosing juries from a sespool of odd people isn’t good enough to get a reasonable verdict. The jurors couldn’t wait to get home, they rushed their decision, and were set free, as if they were punishing the courts for keeping them holed up in a hotel. I ask you, if you were getting less than minimum wage to do this kind of work, wouldn’t you be pissed too? The jury system needs much revamping, in my opinion.

    Reply

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