On the prosecutorial misconduct, alluding to the fact that the defendant didn't testify ain't it. When a defendant doesn't testify, all prosecutors say in closing something like, "It would be great if we knew where the accused was at the time of the crime, but we don't" when, presumably, the person who knew where the accused was is the accused. The prosecution is allowed to point out that the defendant didn't come forward with exculpatory evidence even if the only source of that evidence would be the accused.
What you're saying is that the prosecution had a "fair rebuttal" and too bad for your argument that isn't what the prosecution did in this case, they went FAR beyond that, they prejudiced the jury. The prosecution simply isn't allowed to comment on a defendants refusal to testify, thus prejudicing the jury. During the state's closing argument they said:
"I'm not sure if there was anything - any other important information communicated
because he didn't provide you with something that could have been enormously helpful to us, could have solved many problems today."
"One thing he didn't which he could have provided to Bob Costas,
he could have provided it to anybody at anytime. He had the complete capacity to exonerate himself at the time and just say who was there because this is a day - remember, MM, why remember him and not the little boy you're soaping and just being innocently cleansed to?
But he didn't provide that name to anybody, ever, certainly not Bob Costas. No he forgot that"
The relief filing states that the clear intent of these statements was to prejudice JS to the jury based on the fact that he did not testify at trial
in light of giving his pretrial interviews.
The prosecution didn't lie about V2, they just didn't believe that the guy who said he was V2 really was V2. And no lawyer who has spoken to the alleged V2 thinks he's actually V2 (maybe including V2's lawyer).
Look, either the state knew V2 was AM and lied when they said they didn't know who V2 was, or they were asking the jury to consider the likelihood that JS committed criminal acts on unknown victims. Either way, trial counsel had no reasonable basis for failing to object or demanding a mistrial.
There's no evidence regarding your allegation that the janitor didn't ID Sandusky (I thought the janitor wasn't even working there at the time, oh, wait a moment!). And other witnesses saw Sandusky walking away holding hands with the boy shortly after the report was made.
According to this filing, yes there is (
the transcript of this interview is on page 85 #365). There is a documented OAG interview with Calhoun, the janitor who supposedly witnessed JS giving oral to a kid in the showers. In this interview Calhoun states that the man he saw that night was NOT JS. The prosecution then told the defense that Calhoun had dementia and therefore was a worthless person for them to interview and they just inexplicably took the OAG at their word on that. The prosecution then STILL insisted on trying JS on the charges related to the unknown V8, thus prosecutorial misconduct galore....
I noticed that you didn't comment on the state prejudicing the jury pool via 2 separate illegal leaks of GJ info. Do you actually think this didn't have an effect on the fairness of JS's trial???