Driscoll Trial: Third Day

THURSDAY, NOVEMBER 05, 2009

Trial: Third Day

"Thursday’s Theme: I’m pretty sure her pants are on fire!

"Before I get into the events of the day, I first would like to take a second and refresh your memory of all the men of Melissa. I talk about these people every day and I still get confused… here is a quick rundown:

"Ryan Rossow – Melissa’s husband. While they were “separated” at the time, they were still living in the same residence. Patrick Murphy – Melissa’s boyfriend at the time of the alleged event. Dennis Baker – A mutual friend of Ryan & Melissa’s, also the guy Melissa had sexual relations with earlier that night. Detective Chris Wick – The guy who took Melissa’s statement. Kevin Driscoll – The last person Melissa slept with that night, and the true victim in this case. Ted Coran – Kevin’s attorney. He is doing a GREAT job by the way. Jody Vaughan – We all know who she is, I just couldn’t resist listing her with all the other “Men of the case” ;) [Editor's Note: I'm surprised that Angela neglected to mention Mike Dugan, the District Attorney.]

"While the Rape Shield law prevents Kevin’s attorney of bringing up Melissa’s sexual history and past, there are bits and pieces that are relevant and allowed to be heard. This is what happened today. Melissa neglected to tell Detective Chris Wick that she had a sexual encounter with Dennis Baker earlier that night. Then in March, Melissa went to the police and told them she needed to clarify a few things. In this 2nd report, Melissa stated that she indeed did have sexual relations with Dennis Baker that night, but to protect her new relationship with Patrick Murphy, she declined to offer up that information.

"She had also stated in her original report in January, that when Kevin started having sex with her it was weird because she told him that she had a husband and a boyfriend, and he didn’t want to mess with all that… Today in court, Ted asked her about that… He asked her to clarify saying she had a husband AND a boyfriend. She said that she did not have a boyfriend, she was not in a relationship with Patrick Murphy, she said that he liked her, but she was not in a position to be in a relationship and they were in no way dating.

"This was a direct contradiction of what she had stated in a previous report. Since she LIED on the stand under OATH, the judge allowed Ted to question her about this… While that itself is not a case breaker, it proves that she has lied on the stand and in turn has shown character. Ted said this was HUGE. It will also be brought up again, in greater detail during his closing argument.

"There were several other inconsistencies that were brought to her attention, such as, where her clothes were, why she didn’t use her cell phone to call a cab to take her home, why she sat on Kevin’s couch (while Kevin was in the bathroom/bedroom) with her phone for 45 minutes the next morning after being brutally raped and called no one or made any attempt to leave. Of course Melissa had no answer. She also had no answer why she sat in the car making conversation with Kevin after he took her back to her car, instead of making a mad dash to the safety of her own vehicle.

"She was dressed like a nun today, it was ridiculous, and the tears she cried were out of the worst of the worst lifetime movies… I have to admit, she had me nervous in the beginning of the morning… but as soon as Ted called her out on the lies regarding Patrick Murphy, her tears turned to glares and copped a MAJOR attitude. In my opinion, the jury has had enough of her…. And to be honest, so have I… I was glad she is done, I don’t think anyone in the courtroom (with the exception of her victims assistance advocate) could handle another minute of her bullshit.

"After the lunch break, Jody showed the video tape of Kevin’s interview with the police, minutes after being arrested. I was not present for this half of the day, so I will do my best to relay what happened, and will ask for someone who was there to help fill in the blanks. I guess the whole thing was pretty hard to watch, Team Kevin was shocked that the DA even chose to play this video, as Kevin clearly admits to having consensual sex with Melissa, but is absolutely shocked and very emotional about the allegations she is making towards him.

"They also played an audio tape of a recorded phone call Melissa made to Kevin later that day, trying to get him to admit to raping her. In the recording, Melissa makes statements like “WE shouldn’t have done that” “I don’t usually do that” “What did WE do?” etc. She then went on to say that she had bruises on her ass… Kevin was basically speechless (this was prior to his arrest, and his first and only contact with Melissa after dropping her off to her car after staying at his house).

"She then dropped the bomb “I told you NO”, Kevin was pretty angry, and stated that she initiated the sex the 2nd time, she did not say no, and who did she think he was… someone else while she was pursuing him? ARE YOU READY TO HEAR HER RESPONSE… YES, I (guess/think) I did. I thought you were someone else. Why Oh Why, dear Judge Tiktin, is this case NOT being dismissed. This is absurd. Jody Vaughan questioned Detective Chris Wick about the interview and phone call with Kevin; Ted will cross-examine tomorrow.

"Once again, we are all left scratching our heads at Jody’s tactics. The video of Kevin’s interview and the recorded phone conversation really seemed to be positives for the defense and didn’t seem to offer any type of help for the prosecution… I know that it is hard to read the jury, and we shouldn’t be counting our chickens, but we haven’t even started to present our side yet, and to me… it’s feeling pretty alright.

"Sorry this update took so long to get to you, I have been working hard to help Kevin to prepare for what tomorrow will bring. As always, we thank you for your support and dedication, and will update you as soon as we can.