Call It A Comeback
“Let’s Not Get Excited Now”
From a NYT article in the Trib
“One was colorful and flamboyant, and the other one thought that was absolutely fine,” said Robert Redford, who produced the film of “All the President’s Men” and played Woodward. “Bob was quite comfortable with Carl being the more colorful, because that helped him do what he did best, which was to have a killer instinct masked by a very cool, Presbyterian presence.”
Now, someone needs to ask her about her feelings on daylight savings time…
This is a perfect example. Birkett was not the SA at the time and it was not his decision to “press ahead” with a third trial. The SA was Anthony Pecarelli.
True that Birkett wasn’t SA, but he was lead Prosecutor on the case when the decision was made. From the Sun-Times on March 13, 1995
Prosecutors trying Rolando Cruz for the 1983 Jeanine Nicarico slaying will ask the Illinois Supreme Court to reverse a judge’s order that they disclose whether they believe convicted sex killer Brian Dugan took part in the crime.
For weeks, prosecutors have resisted DuPage County Circuit Judge Ronald Mehling’s ruling that they disclose their theories on Dugan, the murder weapon and murder site so defense lawyers can adequately prepare their case.
Ten years ago Dugan told his lawyer that he alone killed the Naperville girl, but he refused to testify unless granted immunity from the death penalty. Prosecutors have refused to grant that.
At Cruz’s last trial in 1990, prosecutors theorized that perhaps Cruz, co-defendant Alejandro Hernandez and Dugan committed the crime together. Dugan is serving a life sentence for two unrelated murders.
Cruz, now 31, was convicted in that trial and sentenced to death. But last summer, the state Supreme Court overturned the conviction. Hernandez was convicted in a separate trial in 1991, but the Illinois Appellate Court reversed his conviction in January. Prosecutors are appealing that ruling.
On Friday, prosecutors Joseph Birkett and Robert Huiner submitted their response to Mehling’s order. As to the murder weapon, they said they would rely on statements Cruz allegedly made to others, in which he told one person a baseball bat was used, another that a tire iron was the weapon, and a third that a crowbar was used.
And they listed the names of people that Cruz had allegedly stated were present during the murder: himself, Hernandez, Dugan, onetime co-defendant Stephen Buckley and two men who were original suspects but never charged.
It’s absurd to think that the decision for a third trial wasn’t consistent with the wishes of the lead prosecutor on the case at the time. Worse than that, when Birkett did become State’s Attorney, he was still trying to flog the Cruz theory to death in 2002 claiming there were many unanswered questions regarding Cruz’s involvement.
I think Dan’s a decent guy from my admittedly limited interactions with him, but one thing about working blogs is that there’s a time to let things pass just as there is a time to challenge things.
Over at Rich’s place, Dan Curry is taking on Rich’s coverage of Joe Birkett and Mike Tristano pointing out that Tristano was an unpaid, informal advisor.
To which Rich should have replied, so’s Tony Rezko. I think one thing everyone should learn from the Blagojevich Administration is that being self-righteous when one has ties to clowns isn’t a recipe for success.
Goose Gander issues.
Paging Scott McClellan. Oh, why does he still have a job?
Given the government had the information on these incidents, why was the Press Offices at the White House and the Pentagon attacking Newsweek?
ArchPundit