Prosecution strategies
I’ve been studying the prosecution’s methods in trial 1 and how they go about trying to convince the jury of the defendants’ guilt. My conclusion is I can totally understand how Pam made it to DA (she’s snooty and I don’t like her but I will explain why) but Kuriyama???
It’s clear that Pam is the better lawyer, she’s much sharper, she is better with words, lays better foundations for her arguments and is therefore more effective at intimidating witnesses. I think she did her absolute best and was probably the best person for the job but just couldn’t prove guilt of first degree murder beyond a reasonable doubt because there wasn’t enough evidence against the brothers. It seems to me that she knew this deep down which is why she focused instead on dismantling the credibility of defence witnesses, especially the expert witnesses and the methods of their research fields. With non experts she’d just try to discredit their experiences and perceptions, e.g. trying to convince Marta that because she saw and stayed with Jose and Kitty so infrequently that what she actually did see re how they mistreated their kids was not the full story. Or she would try to discredit their intentions, e.g. asking witnesses if they’d lie to protect the defendants because they cared about them. She was clearly scrambling because there wasn’t enough evidence to prove guilt so she was trying to disprove the reliability of evidence proving innocence… in a nutshell trying to create a stalemate (which she succeeded in doing, hence the hung jury).
Also, there’s a massive case of cognitive dissonance in Pam because I can see that she is extremely efficient, has a solid grasp of the law and knows how to verbally spar with witnesses (Lyle and Marta rebuffed her extremely well though) but her bias against male survivors of abuse seems to have clouded her judgement despite her skills. I also wonder that as someone who used to prosecute sex crimes whether these involved exclusively female victims, especially because she seemed to sympathise with Kitty very deeply. One could say it was a strategy to successfully convict the brothers but that scene in ‘Erik tells All’ where she reveals that she carries a photograph of Kitty’s maimed body in her wallet makes me wonder if there was a pathological obsession there linked to her own personal experiences that we don’t know about. I do wonder if Erik and Lyle were women if she’d even want to prosecute them. It’s possible she might’ve even so but I am here to analyse her methods rather than speculate on her integrity.
Kuriyama, on the other hand, seems to maintain a firm belief that kitty and Jose were just two imperfect parents who tried their best but made mistakes along the way. It’s almost like he lived on a different planet, trying to paint them as good people to the coaches, family and friends who told him before the whole the court that they were helicopter parents who wanted to use and live through their kids. His foundations were so unfounded it’s a wonder the DA’s office appointed him for such a high profile case. I don’t understand his strategies there, nor will I try to. He struck me as very ineffective while I could see Pam was actively trying to work with the more believable notions that Jose at least was a bad father but that he didn’t deserve to die for it, and that kitty was a battered wife and was collateral damage in Jose’s abuse of the boys. I understand that both lawyers were just trying to work the cases assigned to them and that Pam was recalculating and hitting witnesses with tough questions (sometimes) wherever possible but Kuriyama was barely doing that but still maintained an arrogant tone. Does anyone know of cases he’s actually won??? Cos I’d find that hard to believe.
Overall I found the roster of prosecution witnesses to be a little thin. Witnesses were on the stand like a revolving door, each being directly examined for a very short period of time compared to the defence, making me wonder if Pam and K could’ve done a better job squeezing info out of them or if there really wasn’t much more to glean. At the end of the day, I can see how much personal biases factored into their arguments and that is likely true of Jill and Leslie too who clearly loved the boys like mothers but were much more effective at building a case for their innocence, probably because they had more evidence to prove it.
N.B. I don’t take notes when I watch the trials so I apologise if I am regurgitating widely-held opinions. I do wonder what other redditors think about the strengths and weaknesses of each of the prosecution lawyers. I know most people here are pro-defence and Pam is unpopular but I still found her to be quite skilled despite her staunch biases.