...Here we go again! The 'dream team' were quite incompetent, without a doubt. On both sides. Fitch was better equipped as he came from some extensive experience back east where the methods of cross-examination had developed considerably so he knew how to handle his witnesses even though he, also, did not have sufficient time to prepare. That is likely why he depended so heavily on Wyatt's hand-written statement and he cut a deal with Spicer, which was legal, to allow the statement without questioning or interference. Wyatt could recite the story of the three little pigs and the big, bad wolf and it would have gone over with Spicer just as well.
The Prosecution lawyers, in MY opinion, were way in over their heads. The frontier was not up on criminal cases. Most such events got settled on the streets or with the sheriff. Local lawyers were men who worked with the mining industry, taxes, legalities of that sort and were not criminal case lawyers. Will McLaury was in the same position but was able to push hard due to his connection.
If you go over the witness questionings by the Prosecution you have to be aware of the poor way in which they allowed rather explosive comments go right over their heads. One wonders if they were dozing through most of the case. I am no lawyer and know little about law other than what I read and a few good television series, but I could not have let some of those things go by the way they did.
I can only assume they were intimidated or coerced in some way. I think I have to agree with Will McLaury on that one.
Joyce You seem unwilling to accept the fact that the Dream Team did speak to the witnesses you are concerned about. It is possible they deemed it unwise to call them to the stand. The testimony would... more
Dream Team?... — Joyce A. Aros,Tue Dec 20 2022 10:04
...as an afterthought, please note that the Prosecution had some very good witnesses with some damning observations in favour of the ranchers and yet they still floundered. This case should have been a... more