Linda Kenney Baden Gene Rossi & Steven Mulroy Discuss the Kellen Winslow Trial 05/21/19 | Summary and Q&A

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June 6, 2019
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Law&Crime Network
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Linda Kenney Baden Gene Rossi & Steven Mulroy Discuss the Kellen Winslow Trial 05/21/19

TL;DR

The analysis explores the emotional testimony and legal strategies in the Kellen Winslow trial, including the use of an insanity defense and questioning the credibility of the victims.

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Questions & Answers

Q: How can defense attorneys prevent the jury from becoming emotional in a death penalty case?

The defense can establish that the defendant sympathizes with the mother's pain but was not the one responsible or argue that the defendant was insane and not fully responsible for the crimes.

Q: Why have there been multiple insanity defense cases recently?

It is unclear why there has been an increase in insanity defense cases, but it could be due to untreated mental illness or a statistical fluke.

Q: How successful is the insanity defense?

The insanity defense is rarely successful, with less than 1% of cases pleading it and less than 25% of those cases being successful.

Q: Can specific language used by a victim hurt the prosecution's case?

The specific language used by a victim may suggest that she was not emotionally affected or experienced, which could potentially reflect negatively on the defendant. However, if multiple victims corroborate the sexual assault allegations, it is unlikely to significantly impact the prosecution's case.

Summary & Key Takeaways

  • The analysis covers the background testimony of a cell phone analyst in the Kellen Winslow trial, discussing mundane aspects of cell phone extraction.

  • The author introduces a guest, Professor Steven Mulroy, who discusses his book on rethinking U.S. election law during the podcast.

  • The podcast delves into the emotional testimony of the victims and the challenges of preventing the jury from becoming influenced by emotion in a death penalty case.

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