Thursday, May 03, 2012

Good Read

First sleepwalking defense; would it fly? It'd have to, this was long before Twinkies became available as an excuse for bad behavior:

Tirrell retained the services of Rufus Choate, legal wunderkind and erstwhile United States senator from Massachusetts, an antebellum Johnnie Cochran renowned for his velocity of speech. He once spoke “the longest sentence known to man” (1,219 words) and made his mentor, Daniel Webster, weep during a talk titled “The Age of the Pilgrims, the Heroic Period of Our History.” Choate derived much of his courtroom strategy from Webster, drawing particular inspiration from his performance at the criminal trial of a client charged with robbery. Webster’s defense was based on offense; he impugned the character of the alleged victim, suggesting that he’d staged an elaborate sham robbery in order to avoid paying debts. Webster’s alternative narrative persuaded the jurors, who found his client not guilty.

Choate kept that case in mind while plotting his defense of Tirrell, and considered an even more daring tactic: contending that Tirrell was a chronic sleepwalker. If he killed Mary Bickford, he did so in a somnambulistic trance and could not be held responsible....

h/t: wetdry