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Defense Diaries

The Gacy Tapes Ep. 32: Jury To The Right

Defense Diaries

Defense Diaries

True Crime

4.62.3K Ratings

🗓️ 29 January 2022

⏱️ 109 minutes

🧾️ Download transcript

Summary

The motion phase of the trial is complete so now, we need a jury. Due to the overwhelming press coverage of all things related to John Wayne Gacy, there is no way an unbiased jury is going to be found in Cook County, So, the case takes a road trip to Rockford IL for jury selection. After a few days in Rockford the jury selection process is complete and, with jurors in tow, everyone heads back to cook county, to the corner of 26th and California. Opening statements will be heard today. Bob Egan from the State. Robert Motta for the defense. This Weeks sponsors : www..truebill.com/defense www.sundancenow.com code: defense Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

The trial of the century has arrived.

0:05.7

Bill Conkel has had to navigate through some very murky waters in order to put his witness

0:09.9

so staggather.

0:10.9

There were some very serious decisions that had to be made, starting first and foremost,

0:16.1

with whether or not the state would charge David Kram and Michael Rossi, or whether they

0:21.4

would use them to testify against, for lack of a better term, their partner in crime.

0:27.0

As you've listened to the tapes throughout the course of the season, Mata Senior spent

0:30.7

a lot of time focusing on Kram and Rossi, as he was convinced early on, the state would

0:36.2

use the pair against the creeper trial.

0:39.6

Because of this sneaking suspicion, he did everything in his power to get Gacy to slip

0:43.8

up and spill just exactly how much these two men knew about the thief of lives and his

0:50.0

dastardly deeds.

0:51.0

He would never end up getting Gacy to crack and spill the beans about his former employees.

0:56.7

Now, the way that it works, as both sides prepare for trial, is that they must provide

1:01.9

the other side with witness lists early on and supplement it as time progresses.

1:07.3

The surprise witness thing that you see in movies and on TV is not a real thing.

1:12.2

Now that is not to say that it has never happened in the history of American jurisprudence

1:16.4

because it has, but there must be some serious extenuating circumstances for the judge

1:22.0

to allow a witness who was not disclosed by either side to testify.

1:27.5

If the judge is going to allow testimony of the mystery witness, he will give opposing

1:31.8

counsel the opportunity to interview the witness before they take the stand.

1:36.9

So while the concept makes for great plot twists and turns in movies and books, the reality

...

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