Friday, January 11, 2013

The Jury Will Have a Tough Decision Today


First lets get a quick recap of where we are in the trial:

For the prosecution we have:
The boy's detailed emotional testimony
Joey's "shower waiting" reference well after the event
Professional testimony that Joey engaged in grooming the boy for sex
Brandy Owen's testimony which contradicted Joey's
Officer Bobo backing up Owen's version of events

For the defense we have:
Who bought the wild turkey
Did Joey give it to them or did the boy steal it from his dad
Why did his dad go missing shortly after this event
The boy made a hypothetical threat of accusing Joey's friend of sexual misconduct
Joey says he didn't do it and....its a big conspiracy aimed at him by the political machine in a neighbouring county.


Joey made several fatal errors when he took the stand against his attorney's advice.  One is he forgot which lie he was going with and contradicted a the one he told earlier.  The other thing he did is made the jury not like him.  He gets up there and right off lets the jury and everyone in there know just how insane he really is by saying he will one day run for President of the United States.  Then he goes on to demonstrate to the jury a consistent disregard for the rules of the court and then excusing it all because he was "passionate".  The problem is "passion" probably had something to do with what happened that night as well, and its not one of the approved excuses.  Then he goes conspiratorial and I can't imagine how lost that poor Navarro jury must have been at that point.

So today they will head back to deliberate Joey's fate.  I think the question for them will be where do the convict him?  To prison or to a mental institution, or one of those that does both?  But no matter how you slice it, last night was Joey's last night as a free man for quite a long time.

26 comments:

  1. Joey's time is up.
    Now he will be a scared pup.

    In just a few,
    He will realize his life as he knew it is through.

    To stir the nest
    He never was the brightest and best

    So, tonight when you close those eyes
    Just remember all your lies.

    You coulda copped a plea
    Now you would be smarter to flee,

    Ya wanted to be president
    Soon you will be a TDCJ resident

    Your game is over
    Now Bubba will bend YOU over


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  2. Despite the arguments last night....

    I do think Joey made a really bad error when he talked about wanting to be the president. That was very weird. Also the conflict with Brandy can hurt him, however, shower or not, just because she said "he said" that he went to the shower, doesn't mean sex happened entirely... However, it could make him look like a liar.

    But with the testimony of Bruce, it can make the accuser look like a little liar playing people on the cops.

    I agree with the facts laid out.

    I am not sure if his passion will help him or hurt him. A person who is innocent of a crime & falsely accused like this SHOULD be passionate and in total defense mode, which Joey sounded like he was.

    I really have NO idea how it will really turn out, but I do really believe the jury will use "reasonable doubt" in this case.

    The Jury will have to decide if the conflicting words of two potential "liars" that butt heads creates this doubt.

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    1. There, now you are starting to see it a little better. Brandy has no motive to lie and in fact we can trace this way back to when Brandy decided to stop defending Joey, she mentioned Joey being along with that boy on a boat and in the bathroom.

      Now does that prove Joey did it, no, but it will have the jurors wondering why he knowingly left out going to the bathroom in his testimony. There are 1,000's of inmates in jail right now based on just testimony and Joey is about to become one of them because he did not make his testimony sound credible.

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    2. And again, keep in mind Joey is the one that demanded, against his lawyers advice, to get up on that stand and give his testimony. So when the testimony he demanded to give contradicts that which he gave earlier to both Brandy and officer Bobo, his goose is cooked.

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    3. Jimmy, you wonder why Joey got up and left early the next morning?

      Joey is toast.

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    4. @ Anon 10:52am - did you notice he VERIFIED that on the stand yesterday, when he said he never saw the kid again? My experience from youth counselors is that if you take a kid out for a one-on-one talk, it's out of concern for something...behavior, observations, etc. By Joey trying to remove himself from after-the-fact contact with the victim, I think he made it look as though he ran out of guilt. JMO.

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    5. If he went against his attorney's advice and testified, the attorney, in order to protect himself, was required to go on the record that his client refused to follow his advice.

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    6. That attorney is probably craving a stiff shot of Wild Turkey about now. Poor guy.

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  3. @Jimmy - the one thing I've learned about the people on this page is that we're able to get along, despite differences of opinion. The reason being, Joey is a master at dividing those he knows can do him the most harm, if they ever compare notes.

    Just for the record, no hard feelings. We're all extremely passionate about seeing him put away, because we know if he gets out, the entire world will suffer. While the jury will be deliberating based on the facts of THIS case alone, there are hundreds around the country today awaiting their own little victory if/when that "guilty" verdict is rendered.

    wb

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  4. I also like how Dauben pointed out that he hadn't had a drink since Nov. 26, 2011 (was that when he got hammered talking about the Hagerman case). It's easy to not drink when you're embarrassed for several weeks for acting like a tool to that family and then spend the next year in the pokey. But Joey sure tried to patch his raft without success.

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  5. My thoughts are that by speaking too much and giving out information that is not asked for shows a potential for having issues with impulse control, which could be damaging when dealing with the sexual issues of the case.

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  6. Joey baby, they know you lied,
    Joey baby, open wide.
    Joey baby, you should have run,
    Now you get to be Bubba's fun!

    Now we'll watch with morbid glee
    As they break the news you're no longer free
    You should have kept your big mouth shut
    Now they're gonna nail your butt

    Joey baby, today's your day
    Joey baby, they'll put you away
    Joey baby, they'll convict
    And none of us will give a shit!

    wb :)

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  7. The other thing Joey did with his testimony is completely torpedo his defense strategy. Now granted, it might not have worked anyway, but the defense was building the case against the boy's father. He went missing afterwards, he was the one that bought the wild turkey and was mad that is was missing. Then Bruce would come in and show that he likes to accuse others of the same thing. Again, it was probably not a winning strategy but it would have made a case.

    Then here comes Joey with the "poltical establishment in ellis county did it" defense. Now you are asking the jurors to believe that someone in the political establishment someone paid off this boy and the dad to get them to make up these charges just to bring Joey down. That is sorta different from the story his lawyer was trying to paint that maybe the boys father was the one sexually abusing him and he took it out on Joey. Way to go Joey, you killed all the birds with one stone.

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    1. Yes, I agree, Joey should have not dealt in the conspiracy. He should have listened to his defense attorney.

      From all of word of mouth testimony, 2 liars were painted, the accuser, and Joey. Brandy on Joey, Bruce on accuser. The ranger probably matters not, because there are not "secret cop stuff" in court. They testify or they don't. That was very weird stuff... He probably just had the statements from the accuser.

      The issue remains if it will come down to reasonable doubt or not. I honestly don't have any idea how it will turn out. Like I said yesterday, I believe he will either be found NOT GUILTY (under reasonable doubt), or they will find 1 count Guilty. (indecency with a child) due to the shower email, stuck keys on keyboard, and the fact they may not doubt "something happened. Basically to get him on the sex offender registry.

      I really can't see 10-15 years on this one, much less 20 after I heard he took of his glasses, sobbing in his hand the first day.

      At the most I think 1-2 years (probably time served) or the entire thing found NOT GUILTY.

      But what do I know.. :oP

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    2. There is a huge difference between going and actually verbally reporting being sexually assaulted to the authorities or your parents, and making idle online threats. This boy has only officially accused one person in his entire life.

      They were not talking about "secret cop" stuff the prosecution was asking Bobo based on his initial investigation of both Joey and the boy, which version of the events more closely match what was originally reported to him. He said Brandy's, meaning that Joey had originally told Bobo that he did go to the bathroom with the boy after out on the boat.

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    3. You have a Texas Ranger, probably the most admired and uncorruptible agencies in the nation, saying in officer speak that Joey lied. I just can't understand why that can't penetrate your skull, and how devastating that is.

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    4. My take on Bruce's testimony...

      A) Bruce was baiting the victim for Joey, who was using Bruce to find out what the victims intentions were.
      The fact that ol' Jimmy seems to ignore or read over, is that Bruce made a joke to the victim (of what was said, no one mentions) but the victim, most likely feeling edgy already being abused, responded by calling him a "weirdo". That leads me to believe Bruce made an off color comment, alluding to something that made the victim feel like Bruce was also an abuser. Thus the threat.
      (the victim did not simply pull this threat out of thin air, making it as simple as Jimmy want us all to think. Bruce antagonized the victim further by whatever communications were taking place. The lame defense only took a portion to attempt to discredit the victim.)

      B) Joey said himself, that he continued communications with the victim because quote, "I was trying to find out from him and his friends what he was accusing me of doing." Thus, using Bruce to, who only testified half-ass.

      I think the Jury will find Bruce's testimony the way I have presented it, not as Jimmy says. It's not here say. To me, it actually makes Joey look even more guilty, by having someone else harass a victim, make them so uncomfortable they feel threatened once again...

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    5. I dont know if thats what happened, but if we really want to get a good handle on that conversation we would need the entire chat log. Who initiated it, at what point did this threat come out and what was the context of the joke. As I remember, the part Joey wanted us to see was something along the lines of Bruce said something and then the boy came back with something along the lines of "well maybe I might report you as well".

      And its also interesting that even before the charges were filed, Joey had this whole thing written up and predicated on that one selection of the Bruce/boy conversation as his example of this boy being a liar. I remember even when Brandy printed it, she said that Joey thought this would make him look innocent but she couldn't even see how it helped him much.

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    6. NothingbettertodotodayJanuary 11, 2013 at 2:00 PM

      I agree. You've explained what I took away from David's report very well. I think this testimony will back fire on the defense. But, Bruce appears to be an unwitting participate in the game Joey was playing with the victim - which makes Bruce a Joey victim too.

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    7. I'm just back from Corsicana from an unexpected return to the stand. First, I flatly deny that I was helping Joey in any way. I was unaware of the allegation until later.

      The record was published. I'd made a comment about thinking about people's intent in more depth. It wasn't anything significant, but it was an opportunity to offer something I doubted he would care about, but I thought might be helpful.

      When Joey told me of the accusation later, I told him the same person had threatened me. He thought it was helpful to his defense. I didn't, but I was called and had to present it.

      The new evidence today, which I'm not entirely certain I should discuss, but David Webb probably will, I thought was somewhat more helpful. It was small, but better (in my opinion) than the first piece.

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    8. hmmmmm, so you were called back to testify? As I understood both the prosecution and defense had rested last night so this must have been to clear something up for the jury, or something along those lines?

      Thanks for your honest answers. Do you have any idea how this boy was ever able to contact you in the first place?

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    9. If they just entered deliberations I wish Webb would give an update on what happened today so far

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    10. It was highly unusual. The state objected, but the judge allowed the case to be re-opened.

      How he found me online was is addressed in today's new evidence. The judge didn't say anything about the Rule when I was dismissed, (I think because they would be going straight to closing arguments) so I think I'm clear, but I still want to be cautious.

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    11. Ohhh I agree, thats why I'm not trying to get you into any kind of discussion that might get you into trouble. Sounds like Joey's public defender is trying to pull a rabbit out of his hat.

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  8. Who in the hell runs the Ennis Daily News? They just published the victim's name!!!

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  9. Expect a verdict soon. The jury is currently deliberating!!!

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