@MidwestDad3, where did you see the report that the bump was by a relative of the victim? I saw something in a tweet but it did not mention the identity of the bumper.
Gnocchi, Kimberley Haas of NH1 news.
Just looking back through tweets of the testimony today, I think the prosecution has to be very careful to tamp down any idea that jurors might get that this was somehow a set up. The victim “crumpled” when she returned to the crime scene. She made screen shots of everything and turned them over to police. She absolutely has to be perceived as being genuine in order for the prosecution to prevail.
@MidwestDad3 I read the same tweet. I didn’t interpret it as intimidation. To me it made Labrie seem jumpy and guilty. Not necessisarly guilty in a legal sense, but guilty of his actions with the other student. He clearly violated his role as a prefect.
I was considering it in the context of a previous report that indicated someone had punched him in the face at graduation. I have no idea if that report was accurate, and I can’t remember where I saw it.
I wouldn’t be surprised if the prosecution rests tomorrow, the defense declines to call any witnesses, and closing arguments are held soon.
@midwestdad3 -in post 278 you said:
" It was widely reported today that one of the victim’s relatives “bumped” the defendant in the aisle, causing considerable tension in the courtroom. This is intimidation, and if the jury sees something like this, it will work against the defendant. Same with the defendant’s crying."
Did you mean it will work against the prosecution? And did the defendant cry today? I did not see any reports of that.
I’m sure he was feeling tense and jumpy. His best buddies told the jury today that he had sex with the accuser, a lot of really crude language that he said was brought into the courtroom, at least 2 of his buddies commented that they warned Labrie the girl was too young. Must have been a VERY unpleasant place for Labrie to be in today.
The courtroom by all accounts was extremely packed. I didn’t read that bump necessarily as something that happened intentionally as intimidation. I think that is reading a lot into a one sentence tweet.
If I was on the jury of a rape trial and the currently 16 year old alleged victim DIDN’T cry, I’d find that more alarming, honestly. Of course the girl is going to cry.
Yep, I meant against the prosecution.
Fair enough, @doschicos. But, the buddies said HE SAID he had sex with the accuser. They did not say he had sex with the accuser. No one was there except the two of them.
Yes, MidwestDad3, I agree with you. It is hard to speculate and pretty easy for me to see it from the girl’s perspective.
From this article: http://www.dailymail.co.uk/news/article-3204834/Victim-New-England-prep-school-rape-trial-traumatized.html
Yay for the sister. 
As far as the defense not bringing witnesses and Labrie not testifying, that would seem risky to me, but I’m a layperson here. After hearing the victim say she was raped, after hearing at least 4 buddies of the accused say that the accused claimed he had sex with her, if I were a juror, I think I’d be wanting to hear a denial from the accused or at least some other evidence from the defense. Of course, proving beyond a reasonable doubt is a high threshold, but I could see a scenario where the jury finds the defendant guilt of some of the misdemeanor charges. One would assume that if Labrie chose not to pursue a plea bargain that seems like it was very much in the works, his goal has been to be cleared of all charges.
@MidwestDad3 I have my doubts about Ms. Haas’ s accuracy.
I haven’t yet seen the transcripts, but she also tweeted that the student who attends Dartmouth said he lied to the police when he told the police that Labrie told him that Labrie had sex with the alleged victim. I searched but couldn’t find anything like that in any other report. After reading every report I can, I think --based on an article in the Boston Globe which i can’ t link-- that what Malcolm S. , the Dartmouth student, said that the statement in the police affidavit that he told the police that Labrie admitted having sex with the victim isn’t accurate, i.e., he never told the police that although it’s in a police report.
That makes more sense to me than Haas’s version which is that one of the defendant’s closest friends said on the witness stand that he lied to the police by telling them his friend had sex with the victim. I don’t know whether the police report is accurate and he changed his statement on the witness stand or whether the police got it wrong. I’m just saying that if Labrie did NOT tell Malcolm “Dartmouth” that I can’t see Malcolm lying to the police and saying he did.
@doschicos The prosecution can’t comment about it if Labrie doesn’t take the stand. The jury can’t take his failure to testify as a sign of guilt (Civil cases are different.)
Here’s an article that has the comments from the Dartmouth student that might be considered perjurious.
http://www.unionleader.com/article/20150824/NEWS03/150829629/0/SEARCH
Thanks @doschicos . I’m more confused than ever though because I don’t “get” whether he’s saying the transcript is wrong or he lied/made a mistake when he was interviewed by the police. I guess it depends on whether he had a chance to read and review the transcript for accuracy.At least now, though…I apologize to Ms. Haas because I can understand she tweeted her understanding of what he said.
@HarvestMoon1 - yes, the lawyer said that. It’s in the news clip in post #272. The newsperson also says that the defense “claims the sex was consensual”. Of course, they actually claimed that it never happened!
The lawyer also said that the accused would know exactly what it means to go to a Senior Salute. Implying that intercourse was expected on both sides. Considering the age and status difference, I doubt that.
I had a senior try something like that with me when I was a freshman in college. But there is a big difference between being a freshman in college and a freshman in high school. I knew enough at least to get away from him and not worry about his feelings being hurt!
Just to be clear, the compelling reasons to not put the defendant on the stand are that 1) it denies the prosecutor the chance to cross-examine him and 2) it denies the prosecutor the opportunity to recall past witnesses, or call additional witnesses, to rebut things that the defendant has testified to.
I just found a link that shows some of 3 witnesses’ testimony - 2 of the defendant’s friends (the Brown and Dartmouth students - the one who is still a minor is not shown) and the dean of students:
http://www.nbcnews.com/news/us-news/st-pauls-rape-trial-friends-testify-owen-labrie-said-he-n415156
The video at the bottom of your link was interesting, @GnocchiB, the one with the analysis by a legal expert.
This article contains some info I hadn’t read elsewhere: http://www.vice.com/en_uk/read/inside-the-courtroom-of-an-elite-new-england-prep-school-rape-trial-821
Just realized I know one of the kids who testified.
So, the defense lawyer is cross examining the police detective, questioning her on pressuring the defendant to go to the police dept without his mother. I guess I don’t get it. Yes, he was still in high school, but he is a legal adult. I guess its just an attempt to get sympathy from the jury?
My kids graduated high school before ever turning 18. However, if my kid were 18, and in high school, I understand that to be a legal adult…on legal grounds…but I still consider high school years as a time a student is under the supervision and care of their parents. I know that is not a legal definition but a student still in high school isn’t all that independent.
From Allison Manning’s Twitter:
“Tons of digital evidence: 12k pages of Facebook data from senior year, 20k pages of emails.”
12,000 pages of FB data?? 20,000 pages of emails, from ONE YEAR? Don’t these kids have anything more important to do at an expensive, rigorous boarding school?! Does that strike
anyone else as absurdly excessive?