u/Fail_Unfair

The trial was well run and Kouri is unlikely to get a reversal/new trial. But no trial is perfect. Assume you’re retained to handle the appeal. What’s your lead argument?

I’ll start:

I think the most questionable ruling was allowing Kouri’s friend Chelsea Barney to testify in detail about saving her tip money, giving her accumulated savings to Kouri to buy the house, and then losing it because of fraud by Kouri.

I’m not saying it’s a super strong argument—I suspect one does exist—but a couple of issues can be raised about Chelsea’s testimony. First, her emotional story was prejudicial and not probative of a fact but instead constituted prohibited character evidence. Second, it was cumulative of the detailed financial testimony by the state’s expert.

I'm still struck by Ms. Lewis saying Kouri is her first wrongly convicted client. Of course, it's remarkable she announced her belief in the guilt of all th⁶ose other clients. But let's put that aside and accept she believes Kouri is innocent.

Look, I understand the temptation to attack that conclusion. But please don't. Rather, accept that a smart person who knows the facts has a good-faith belief that Kouri is innocent.

Now, how is that view possible?

For example: Could Ms. Lewis think Kouri is innoncent because she believes Eric voluntarily took illicit pills and overdosed? Or maybe she thinks Kouri did give him drugs but was somehow justified? Or something else?

During the trial, and especially in closing, the defense blundered in not focusing on the weakest count: attempted murder on Valentine’s Day. Numerous commentators have noted that—compared to the other allegations—not much evidence supports that count and it would never have been brought but for what happened a few weeks later.

At first blush, the decision to focus on count one (actual murder) instead of count two (attempted) makes sense because murder is more serious. But that siloed thinking ignores the synergistic effect of being convicted on both counts. As the sentencing memo emphasized—and the court echoed yesterday—the two convictions show a cold-blooded plan that makes parole inappropriate.

So, having been convicted on both counts, Kouri needed to look reality in the face. Ideally, her lawyers would have helped her do so. But yesterday at least two of them were revealed to be her Amen corner (literally in the case of Ramos).

As a result, when Kouri addressed the court, she doubled down on her narrative of being the victim of an unjust process. But she should have done the opposite. She should have confessed to killing Eric by using the sentencing memo—and specifically what her sons say in it—as her hook.

Her admitting guilt may have been good for others, but her true motivation would be her self interest. In short, it was the smart thing to do. Here’s why:

1. The conviction on all counts, the content of the sentencing memo, and her outspoken rejection of the verdict combined to make the possibility of parole basically nonexistent. And remember that before trial the judge twice denied bail because he found substantial evidence of guilt. So, if a prediction market existed for her sentence, what Kouri got would have been odds on.

2. Having been given LWOP, Kouri must now bank on her appeal. But few convictions are overturned. And, in this case, the judge is excellent and ran a great trial. When her lawyers rested without putting on witnesses, g fire example, the judge made Kouri put her assent to the strategy on the record—so goodbye appeal point.

3. Even if Kouri wins on appeal, she faces another trial. And her own conduct and communications make winning ANY murder trial virtually impossible. I mean, she basically convicted herself through texts, the Walk the Dog letter, and her journal.

4. Even if she were to defeat all five counts in this case, there’s also the massive fraud case for which she again seems to have no real defense. So years in jail are inevitable.

5. That means parole is (or was) her only option. But the board has discretion in granting liberty. A defendant typically must accept responsibility. And no board will be impressed by her attacks on the judge, prosecutor, and jury. So, if she ever wanted parole, she needed to confess. Better sooner than later. And there was no better time or place than in court yesterday in tearful apology to her sons.

As a lawyer, Kouri’s counsel twice surprised me at the sentencing hearing. The first time was the quasi-witness statement of Ramos. I’ve never seen anything like it. I was even more surprised when Nester vouched for Kouri by saying she is convinced her client is innocent. I have two issues with these comments. First, it’s not proper advocacy. Second, really? I mean, as an officer of the court, Nester honestly thinks Kouri is innocent? I don’t understand how she can possibly draw that conclusion from the record. Nor do I understand the weak (nonexistent) defense if Kouri is so obviously innocent.

I’m traveling and not sure how to upload the video, but I’m sure you’ve seen it. What the hell happened?

Which of these two were the bigger bust? Green has a strong case—after all, he played in only ten games over three seasons before being cut—but, for a couple of reasons, I think it’s Jordan. First, we traded up to pick him third while Green went fifteenth. Second, Green got injured on the first day of his first training camp and then got injured at his second camp. I believe he missed two full seasons because of those injuries. By contrast, Jordan was not great on the field and then blew up his career by testing positive for PEDs. In other words, he was a cheater. And I think that makes him a bigger bust. We never saw if Green could play on Sundays whereas everyone—including Jordan himself—knew he couldn’t cut it in the NFL. That’s a terrible blunder for such a big investment.

On YouTube I’m watching a video by Isaac Punts on NFL draft busts that features Isaiah Wilson. Remember when we got Wilson from Tennessee in 2021 and then cut him three days later? The guy’s a legend.

Of course, we’ve also cycled through Josh Rosen and Zach Wilson. I’ll admit to being totally wrong about Rosen. I liked the trade because I agreed with him about nine mistakes lol. Still not sure why he was so bad. I had no problem taking a flyer on Wilson. I just didn’t understand his $6M contract. I see he just signed a one-year deal with the Saints.

The worst draft bust taken by Miami is Dion Jordan, right?

After a month of mocks, I was pumped when Caleb Downs was available—and disappointed when the pick was traded to Dallas. And I was just reminded of that feeling by watching Colin Cowherd praising the Cowboys. But, for three reasons, I’m at peace with the move.

First, our new head coach used to be a DB coach and also was Day’s defensive coordinator at Ohio State. So we can be confident Miami’s brain trust values safeties and have a pipeline into OSU.. That is, the decision was well informed.

Second, Downs is smart and a great guy—but a truly elite athlete. By contrast, the guy drafted by Miami is 6’7 350; a one-man tush push; has no injury injury, and was OT #2 and overall #10 in his high school class. That is, Proctor is the type of prospect who you get in the first round or never.

Third, since the draft, I’ve been watching video profiles of our picks. Three stand outs are CB Chris Johnson (traded up for) and LBs Jacob Rodriquez (award winner with good Combine results) and Kyle Louis (versatile with cover skills). I now think Miami targeted these defensive guys from the start—and that made it easier not to take Downs. That is, the combination of Proctor and, say, JRob is a better foundation than Downs and a later OL.