The Flea Circus

September 14, 2002

Criminalist Pin Kyo testified that a live flea was found in the dirt bag of a vacuum cleaner used to vacuum Scott's carpets for trace evidence. I think that flea is a fitting icon for this trial.

Flea circuses, popular in Victorian England, used illusion and mechanical manipulation to let people see what they wanted to see -- the magic of fleas trained to do all sorts of stunts and even form an orchestra.

Such has been the evidence the Prosecution has presented -- illusion and mechanical manipulation to let the public see what it wants to see, a guilty Scott.

The cement chunks that fell off the boat cover is a very good example of this manipulation. I sat in the courtroom on Monday and saw the picture of those concrete chunks splashed on the big screen. They looked like fist-sized chunks. The picture was taken by Pin Kyo, but was presented by Dave Harris. Of course, the intent was to suggest that the boat cover came into contact with the 4 boat anchors the Prosecution claims exists.

When Geragos cross examined Kyo, Harris' manipulation was exposed. Geragos showed the Jury (and us) the actual cement that was collected. Far from being fist-sized chunks, it amounted to "dust." The whole amount was contained on a small square of paper that could not have been more than 4 inches square.

Furthermore, Geragos showed the Jury the anchor that was in Scott's boat and the cement dust at the bottom of the bag it was stored in. He concluded by compelling Kyo to admit the similarities between the dust that came from the boat cover and the dust that came from the anchor.

Harris could have shown the actual cement dust, rather than the picture, but that would be telling the truth, the whole truth, and nothing but the truth. SII has said all along that the Prosecution has no evidence against Scott -- but it continues to create the illusion of evidence through manipulation.

And, the American Public is still paying to see this flee circus, because it wants to believe Scott is guilty. Why? Are too many people too proud to admit they were wrong? Are too many people punishing Scott as a proxy for some man that hurt them? Are too many people afraid to admit the worst -- that all cops are not good, all detectives are not skilled, all investigations are not efficient, and all arrests are not justified?

Rumor has it that Geragos will rest the Defense case without calling any witnesses, if he succeeds in negating the State's hydrologist expert. I think that would be a mistake. The Jury may be ready for an acquittal, but the American public is not. I think Geragos owes it to Scott and to his family to not just get Scott off on reasonable doubt that he is guilty, but to turn the tables and make every reasonable person in America admit, Scott is factually innocent.

Anything less, millions will just conclude that Scott got away with murder because the Prosecution did a poor job and Geragos is a shyster lawyer.