(Photo by Chuck Branham).
The jury recommended Jeffrey Weisheit be put to death for killing two Evansville children a little while ago.
Goliath was there about 2 this afternoon and the judge got a note indicating they were hung up between life of some sort or death. Mike McDaniels was there looking grave, tired out and concerned.
UPDATE: FACTS AND BACKGROUND
Goliath has some inside sources on this case which, until now felt inappropriate to share given the gravity of the case. Did not want to possibly put ‘inside dope’ out there for public consumption. First off, and probably now the most bitter fact for Mike McDaniel and the excresence that is his client, this trial COULD have been avoided as several weeks before the trial the excresence was offered a plea agreement which would have spared his life. Further, due to the nature of the way the offer was structured, some say it would have even spared him LWOP (Life in Prison Without the Possiblility of Parole). However the exceedingly brilliant excresence refused to heed the advice of his lawyer Mr. McDaniels and take the offer. Goliath’s concluding comment on this brilliant strategic choice by the defendant is …..I guess that was a good decision …if you are hoping for JUDICIAL SUICIDE.
Second tidbit: During the trial the excresence ‘injured his foot’ requiring the use of crutches and a wheelchair. Goliath’s guess is that the dipshit …somewhere in the foggy crevices of what passes for his mind imagined he might look more ‘sympathetic’ to the jury if he came in like a disabled person. If only he talked to Goliath before he did this…..Goliath could have told him that such a ploy can never match up to the sympathy a normal jury might have for “BURNT AND TORMENTED CORPSES OF TWO SMALL CHILDREN”. and might even make the jury’s CONTEMPT for you even Larger. Freud said ‘there is no such thing as an accident’. Goliath believe it in this case. Meanwhile, inside sources inform Goliath that our excresence was viewed on video in his little hell hole jail cell removing a part from the bottom of the crutch and sizing it up as a possible weapon. Maybe not. Maybe he was just curious about it. In any case Goliath doubts the guards will be ignorant of the problem and we predict excresence gets a new set of crutches soon…very soon…a pair that cannot be dissassembled.
Third, You may have heard that excresence took the witness stand and testified in his own behalf. He did so against the advice of his attorneys. Then guess what…his lawyer only asked him ONE question and the brilliant excresence proceeded to give a long rambling story justifying his incriminating actions and proclaiming that ‘the kids were alright’ after “I duct taped the boy and left them alone in the house and drove away for a two day trip”. Dipshit did manage to fill in some holes in the Prosecutor’s case though. for instance….The prosecutor had been UNABLE to prove how the flares (one of which was stuck and lit inside the poor little boys underwear while he was hog tied) got into the house. One might suppose this gap in the evidence and lack of linkage to the defendant was some solace to Dipshit’s attorneys. Well, so much for that excellent legal work by Mr. McDaniels and his colleague Mr. Owen. Dipshit got up on the stand and admitted that HE brought them into the house. Good job dipshit. Well played.
Meanwhile, one may ask “Gosh, what kind of defense lawyer only asks one question of his client on the stand fighting for his life?” Well Goliath has consulted with GSL and JW Hardin attorney at law (deceased) and learns that under the rules of professional conduct, a lawyer may not wittingly participate in a clients perjured testimony. If you know it’s a lie…you can’t ask questions that would ‘further’ the lie. Of course this may conflict with the concurrent obligation to represent the client zealously. Thus, the ethical dilemma is resolved in the following way, the ethical lawyer asks his client ‘John Doe, what is your side of the story?” and that is the last question he asks. Now, in this particular case McDaniel did that. He also declined to ask questions after the State’s withering cross examiniation despite his client’s plea “I would like my attorney to ask me a few questions” (as reported by the NT).
So, Goliath suggest we can conclude a few things. 1 Either dipshit was lying his pathetic a$$ off or 2. McDaniels thought he had done such a briliant job telling his story that it could not be improved upon. Hmmm… I think I am going with NUMBER 1. We also can conclude that despite the general detested reputation of defense lawyers …in fact, some of them are actually quite ethical and honest.
Which Brings Goliath to the conclusion: None of the above possibly detectable vile loathing Goliath feels for the excresence should in ANY way be read as a reflection on Mr. McDaniels or his co-counsel Mr. Owen. Goliath admires both men and looks up to Mr. McDaniels. Further, he respects the herculean work and toil and heart that he put into this case. Death penalty cases require a certain kind of lawyer….one that the GSL is not. If you lose….they are going to kill somebody. If you lose….you have to live with it. It’s bad game and a different game. As has been said “Death is different”. Mike McDaniels need not duck his head to anyone. He did not lose. His client did.
UPDATE: Mike McDaniels posted the following comment on Facebook today:
Friday, after 5 1/2 hours, the jury returned a death recommendation in the Weisheit case. Defendant testified against advise of counsel. Part of his testimony was that after he had duct taped the 5 year old, and was folding a 12 X 12 washcloth in his mouth he kept sayin “I apologize, I’m sorry” He believed the road flare in his underware was “staged”. Ethical proscriptions limit my comments. However Jail Capt. Doggendorf witnessed him smiling when the judge read the jury’s death recommendation.
I sincerely hope we built enought error into the record to take his “victory” away from him.