Ex-Detroit mayor won't testify in own defense
#1 Feb 6, 2013
Of course the judge will tell the jury that not testifying is in no way a sign of guilt. Some jurors may not believe it. It often is the best legal strategy because getting on the stand would open up the defendant to cross examination. There is nothing Kwame could say beyond professing innocence and that is the legal position to begin with. The government case took months to present. One person on the stand could not hope to argue against it in detail.
PS> This is a very long shot, but there always remains the option of accepting a plea before the jury comes in. I believe the prosecution would still accept a plea.
#2 Feb 6, 2013
And don't forget Bobby and Bernard.(I feel like I can be on a first name basis after all this time.) They too would be silly to go on the stand and be cross examined. They have Bernard on video. Defense would contend that whiskey in the trunk and cash in gum wrappers were merely Christmas presents. It would give a chance for the prosecutor to go over the evidence one more time.
And all along the defense has been stockpiling reasons for a technical appeal. They may have no merit and lose, but that could delay the execution of a sentence for a year. Bernard likes that. He's living in dog years now. Every year he stays out of prison is like seven.
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