Attorneys will tell you than no defense lawyer wants to put his client on the stand in a criminal trial.
It’s usually considered the last resort, in hopes that the defendant and his story will appear sympathetic to the jury, despite the inherent risks in exposing the defendant to cross-examination.
And it looks like that’s exactly what will happen Wednesday in the Mandeville Canyon case. On both counts.
Dr. Christopher Thompson and his attorney may take the stand to try and spin the events of July 4, 2008 in his favor. If they do, the prosecutor has shown every indication of being willing to go after him as aggressively as necessary.
According to cyclist/attorney DJwheels, who was in the courtroom again yesterday afternoon, it looks like the trial will go to the jury late Wednesday or Thursday morning. Meanwhile, the testimony presented on Monday appears to be setting up an appearance by the defendant himself.
Since any good lawyer will want to end with a bang, that means Thompson is likely to be the defense’s final witness, unless scheduling issues force Peter Swarth, the Good Doctor’s lawyer, to follow with someone else.
It’s just a guess. But it’s an informed guess, from a lawyer who’s been closely following the Mandeville Canyon case.
So mark your calendar.
It could be the perfect opportunity to kick off your Halloween weekend with something truly horrifying.
“The laws of physics just don’t allow it.”
Unfortunately, DJwheels had to tend to his own legal practice on Monday.
As a result, he missed the first hour of defense testimony, and wasn’t sure about the exact name of the first witness called by Swarth — a highly paid expert witness specializing in accident reconstruction.
He presented two animations offering a 2-dimensional bird’s eye view showing how the accident could have happened. The first was based on statements provided by Chris Roberts, the cyclist Peterson and Stoehr had just passed prior to their encounter with Thompson; Swarth claimed he had the best perspective of the events. The second was based on Dr. Thompson’s version of events, setting up his potential testimony.
However, the witness conceded under cross-examination that the Thompson animation was based on information provided by Swarth, rather than actual police statements or interviews with the doctor.
He testified that Roberts had said Thompson was traveling at about 40 mph — 10 miles over the posted speed limit — when the Good Doctor passed him before encountering the other two riders. (So much for Thompson’s claim that the cyclists were riding “three abreast.”)
By his estimation, that allowed about 2.3 seconds between the time the brakes were applied and the moment of impact with the rear of Thompson’s car. The second animation allowed even more time, 3.4 seconds, due to Thompson’s estimate that he’d been traveling at 45 mph.
In his opinion, either estimate provided enough time for both riders to see the brake lights and respond in time to avoid collision — making the collision their fault, rather than that of the doctor who told police he did it to “teach them a lesson.”
Evidently, he’s never tried to stop a bike going downhill at 30 mph.
Asked why he didn’t prepare a 3rd animation based on Peterson and Stoehr’s statements, he said the way they described the events couldn’t have happened. “The laws of physics just don’t allow it,” he said, adding “it would have been a cartoon.”
Under cross-examination by assistant D.A. Mary Stone, he was asked if he discounted the fact that Thompson had made an “abrupt and aggressive” move in front of the cyclists before slamming on his brakes. According to DJwheels, he tried to evade the question before conceding, “I can’t show aggression in an animation.”
Stone pressed him further, showing him the infamous photo of the back of the Good Doctor’s Lexus, and asking if he agreed that Thompson had “slammed” on the brakes, causing the damage seen in the photo. Again, he tried to evade the question, but eventually conceded the point. “I’m denying that it was the sole cause, not that it was any cause.”
He also admitted that he would receive about $40,000 for his testimony and preparation for trial — with the clear implication that he would not have been paid to testify if his conclusions didn’t support the defense.
“They both slapped the car as they passed”
The next witness was Jody Fitz, who was a passenger in the car when the Good Doctor had the earlier encounter with Patrick Watson and Josh Crosby.
According to Fitz, they were headed down the canyon when they came up behind two cyclists riding side-by-side on Mandeville Canyon. Thompson tried to pass them, but couldn’t due to oncoming traffic.
However, a second attempt was more successful; Fitz said Thompson rolled down the passenger window as they passed, extended his arm and index finger, and yell out “Ride single file!”
The cyclists responded by flipping the bird and yelling something he couldn’t make out. According to Fitz, when Thompson made a “normal, controlled stop,” the cyclists passed on either side, both slapping the car as they passed. He contradicted Watson’s earlier testimony that he bunny hopped the curb, saying neither rider ever left the roadway.
He said both riders dismounted and began to approach the car; he thought there would be a fight until Thompson stepped on the gas and took off.
Under cross, Stone was able to point out a number of contradictions between his testimony and the statement he had give to the police. For instance, he told a police detective that the car hadn’t passed close to the cyclists, claiming the distance was great enough that the riders wouldn’t have been able to touch the car — despite his claim that both slapped the vehicle after it braked to a stop.
He also testified that, following the confrontation, neither he nor Thompson said anything about it until later that evening; however, he told police that Thompson had been muttering angrily afterwards, saying something like “those son of a bitches flipped me off.” And he denied saying that Thompson had stopped at the next stop sign to “see what he could do about them.”
Two witnesses with nothing much to say
The day ended with brief testimony from two other witnesses.
Dr. John Uphold, the Good Doctor’s former partner/employer, was asked about the period between December 2007 and January 2008 when Thompson is suspected to braking in front of Patrick Early, who had been riding up Mandeville Canyon when a car matching Thompson’s slammed on the brakes in front of him.
He testified that the Good Doctor had often been out of town on business or visiting family during that period, implying that it couldn’t have been his car. However, he was forced to admit that he wasn’t in the car on those days when Thompson was in town, so he had no way of knowing what might have happened then.
He was followed by LAPD Detective Phillip Enbody, the senior lead officer in the Brentwood area. He was asked if he was aware of any tension between cyclists and residents in Mandeville Canyon, and if he had advised residents to use cameras to document any problems with cyclists.
“Not exactly,” he said, adding that he made that suggestion in response to complaints about people walking their dogs off leash.
Testimony continues today with the woman to whom Det. Enbody supposedly made that suggestion, along with another expert witness and a second police officer.
………
Dr. Alex urges cyclists to attend this weekend’s DIY bike plan session with the Bike Working Group, while Enci explains why she hates L.A. bike lanes. The Times reports on an off-road fat tire fest in the hills above L.A. In a refreshing change, a Folsom driver apologizes to the cyclist he didn’t see on his way to work. As usual, WA police hope to keep cyclists safe by targeting riders, rather than the people who hit them. Eugene celebrates its new Gold Bike-Friendly award. The widow of the New Zealand rider killed by a hat-trick drunk driver demands changes in the law to keep drunks off the road. Town Mouse says this is what Scottish cyclists need instead of bike lanes. Finally, Newt Gingrich, the student cyclist’s friend? Really?
