Video Transcript
I want to bring in our expert this hour
trial attorney Trey Gober Trey thank you
of course for being with us today always
appreciate that tell me what you think
of Matthew McCabe he's an eyewitness in
terms of he's in the house he's
describing what he noticed out of the
window the dark SUV that kind of moved
down the street in front of the house
past the house is it credible and does
it help the state's
case it certainly helps the safe's case
he's professional he's credible he's
Trust worthy he's being very you know
something I always look for for
credibility and witness is are they
being careful about how they're
testifying in other words are they
qualifying their yes answers are they
giving details are they being specific
to help convince a jury that they're
testifying to what actually happened
versus what what they the story that
they would you know reportedly be
fabricated of course all of this is
going to be countered by the defense uh
because of the defense Theory that this
is all just a cover up and and obviously
Mr cage relationship with Albert so uh
the defense would still maintain its
argument the defense is doing a good job
with the case that they have but the
prosecution certainly has a great
witness here to repr their case and what
do you think of the fact that in this
particular case the jury does get to
take notes Matt Johnson is there live
and he just reported a little bit ago
they were leaning in they're listening
they're taking notes to me I feel like
that's always favorable to to the
prosecution because they're writing down
all the specific facts does it mean
anything you know I I've certainly tried
several cases where jurors are allowed
to take notes and um I I'll tell you
that I'll get excited and read into the
fact that the jurors are taking notes
but it doesn't necessarily tell us what
they're thinking sometimes taking notes
is a good way to combat bored boredom
and to make sure that we're paying
attention so it's good that the jurors
are taking notes it means that they're
listening paying attention been taking
everything seriously but I don't think
we should read yeah good points all
absolutely but it is great to hear they
are paying attention and taking notes
all right Trey stay with us we want to
get back into court now for more of
Matthew McCabe's testimony still on
direct examination still with us trial
attorney Trey Gober Trey I have not
gotten to speak to you yet about this
case against Chad deel tell me first of
all how you think the state's doing with
witnesses to prove Chad committed all
three of these murders
the state's doing a good job it's it's a
complicated case there's a lot of moving
Parts there's a codefendant it's always
unfortunate when these trials have to
drag on so long because you know from
30,000 ft the case seems very
straightforward but the prosecution is
has this sense and is compelled to try
to close off any gaps that the defendant
could try to use or the defense would
use to raise issues of uh any type of
Reasonable Doubt on behalf of the jury
and so it makes it unnecessarily drawn
out in detail in way said maybe it
doesn't need to be let me ask you this
Trey because we know Lori valow did not
face the death death penalty she serving
a sentence life in prison without parole
Chad faces the death penalty how much
harder does that make for the state if
it does it
all it it makes it harder in the sense
that you're really trying two cases and
you're potentially looking for two
different types of juries the type of
jury willing to find somebody guilty and
the type of jury also willing to impose
death penalty may be slightly different
people uh in in the way that they react
and so you really have to focus are we
looking more for jurors who we're
confident are going to convict but also
impose the death penalty live that for
the defense the defense may very well
know
they're probably going to lose on the
guilt innocence phase but they want to
tee everything up to win so to speak on
on guilt inoc or on death right and I'm
sorry to interrupt you but yes so they
avoid the death penalty all right thank
you to Trey Gober of course for joining
me this hour
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