Did Kirschner’s canary come out of defense coal mine alive?
Nationally-recognized, Washington-based crime writer Harry Jaffe came out of the Wone trial gate early, hard and fast with three verdicts: “Innocent, Innocent, Innocent.” He doesn’t say even hedge with “Not Guilty,” but goes all in with “Innocent, Innocent, Innocent.” Kind of has a “Mercedes, Mercedes, Mercedes” ring to it.
Why does he feel this way?
Largely because, from his viewpoint, the Medical Examiner took to many hits.
Let’s not be so hasty calling this trial. The defense did what it had to do — riddle the ME’s opinion. Many parts of her testimony are in question, but in several crucial ways, Goslinoski stuck her head out this week. Directly answering a question from Judge Lynn Liebowitz she said Robert would have lived for more than “10 minutes, not many more, and “would have instinctively reacted.” She did not back off this perch.
In stating this, this two-time faliure of her profession’s board exam disagreed with noted experts in her field, some who even wrote the books from where she draws her knowledge, and would not back down from her opinion. The defense made note of her failures as if to say, “How dare you, you failure of your profession disagree with those whose opinions set the standard?”
Well, dare she did. After the jump, how did Goslinoski show such great courage.
Lois Goslinoski is a canary of woman — small with a bird-like face, who speaks in such delicate chirps that even the Judge asked her to speak up. At times, it may have felt like USAttorney Glenn Kirschner was sending her first down into the coal mine to see how his case may live in the dark poisonous gases of the defense bench. But unlike Harry Jaffe, I believe she came out of there alive.
If Judge Liebowitz notes Goslinoski’s strong stand in a “guilty” opinion, then Lois Goslinoski will possess something more precious than any board certification. Her opinion will have helped bring justice to an unjust situation, and her testimony helped restore a sense of moral balance in our universe. Judge Liebowitz may hear from cardiac surgeons with their impressive board certifications that Robert died instanstly, but this logical judge will also see, how their font of knowledge is largely contained to very controlled environments — when the heart is being operated one — not in the chaotic environments of real-world knife stabbings — something Goslinoski has seen 45 time before. Her testimony will look far better under the shining light of logic and reason. The only time it looks bad is in the defense’s dark and damp coal mine.
Kirschner knew his canary would begin to wheeze and wobble. Who wouldn’t when facing not only one of our nation’s finest criminal defense lawyers, but three in a row. Each of them — Bernie Grimm, Thomas Connolly and David Schertler –have been waiting months and months to question this woman on the stand. On back up, Kirschner will be bringing Maryland State Chief Medical Examiner David Fowler. He’ll bring his board certification, and all that is impressive, at least in the defense bench’s eyes and will fortify Goslinoski’s opinion. And Kirschner has more state Medical Examiners waiting in hand to buttress Goslinowski.
It is early in this trial, but it is not nearly as dark as many people believe, Harry Jaffe included — especially when Kirschner’s canary sang with such courage and defiance.
— Posted by David