Wednesday, October 14, 2009

The Roseboro Saga

Just a few thoughts on the latest developments in the Roseboro murder case and saga....

Common sense is common sense.
If you apply it to the big picture, what is there to question?

If a man possesses the capability to strangle, beat and drown his wife of nineteen years in the family swimming pool while their children slept nearby, why would anyone be surprised that he will do all he can to beat a conviction for that murder?

From what we all learned from the trial proceedings, there was no defense. Even the most common reader assumed there would be bells and whistles, a smokescreen or ten thrown around the courtroom by Roseboro's defense team. Everyone expected to see the defense put on a case.
They did not. There was no defense. We expected high drama and legal shenanigans to end all shenanigans.
Mr. Sodomsky didn't have alot to work with.
First of all, I truly believe that at the outset, before the defense had their chance to investigate the situation for themselves, Mr. Sodomsky may have intended to hit the jurors hard with the "robber in the night" defense.
But once they had their own independent information, it may have seemed like jurisprudence and personal professional suicide to even venture to offer that ridiculous scenario to the jury.
The only scenario worse and more silly and ludicrous would have been to claim that Jan Roseboro murdered herself.
We all need to remember that even if a defendant confesses his or her crime to his attorney, that communication is priveleged and that defendant is fully entitled to a skillful and capable defense under the law.
Given the skillful presentation of the State and the very lack of any credible defense, a conviction was forthcoming.
An appeal is to be expected. I don't have the stats but I'd be hard pressed to show you many cases of this magnitude that don't involve any and all avenues to appeal. That's a given.
Expecting anyone, especially a person who has demonstrated the moral darkness of Roseboro to simply accept his fate and throw himself on the dagger to prevent his family from any addition pain is foolish.
It's common sense.
Would YOU sit in prison without exhausting each and every avenue for release?
This man and his mistress planned on a happy life, with broken lives and broken children in their wakes. They could have slept very well at night had Mike gotten away with murder.
No one else has ever mattered to each of them.
Funk bailed when she saw the writing on the wall. Her preferred meal ticket was heading up state. She takes care of herself. No throwing herself on the dagger in a tearful profession of love from the stand... Cold, calculating and heartless. That about sums it up for the both of them.
Mr. Sodomsky is paid for his acumen as a defense attorney.
Winning is the goal. Not necessarily doing the right thing or freeing a wrongly convicted man.
The law does not dictate that only the truly and actually innocent receive a competent defense. The actual innocence or guilt is irrelevant.
Given that Mr. Sodomsky's hands were severely tied in the trial, why wouldn't he lunge at any chance to gain a new trial.
It's what he's paid to do.
I'm sure he's working his tail off to get a new trial for Roseboro. It may be the winning play in the bottom on the ninth. It's the supreme "do over".
Many of us have wondered about the lack of a defense presented during the trial.
Essentially, there was none.
Was it really because there were no avenues to travel? Or did Mike insist on certain rules?
Was Angie "hands off" because Mike still believed she was in love with him? His words in the phone calls seem to say so.
He was had bigtime.
He was in the Lancaster County prison, pining for Angie, sure he'd be released so they could resume their plans for a life and love story, sick as it was. And Angie was hedging her bets.
If Mr. Sodomsky had been allowed to throw Angie out into the wind in a smoke and mirrors bid to create confusion, would Mike's conviction been such a sure thing?
Doubt was all that had to be produced.
They could have used the robber theory. They could have shown how Angie had spied Mike years ago and already had made comments about being his wife. They never had to prove that Angie did it, or that she could have done it. They simply needed to create doubt.
Some think that Mike kept Angie in a "saint state" and refused to allow anyone to intimate anything negative about her.
The defense's case or lack of one shocked everyone.
Were they constrained? To save whom?
If that's the case, it was a bad gamble.
But now, the usual and expected appeal process has begun.
It's usual and expected. People don't just paste a smile on their face and hop in the van to the pen. They fight to be free. Guilty or innocent.
I think now we might see more of what makes Mr. Sodomsky, Mr. Sodomsky.
I feel the same as most and pray that there is no retrial granted.
It would feel like an attack and brutalization of Jan Roseboro all over again to have this process go back to square one.
Stranger things have happened.
We all need to keep the Judge and jurisprudence in our prayers.
But to expect Roseboro to simply accept his fate without a fight for at least a new trial and ultimately release is foolish on anyone's part.
It's the way it goes.

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