That’s what people are led to believe a criminal trial is all about.
Experience tells me truth is often the first casualty.
Enter esteemed criminal defense attorney Mr. Greg Brodsky.
Brodsky is counsel of record for Andrea Giesbrecht (40) who stands charged with six counts of concealing the dead body of a child.
The case remains troubling and mysterious on several levels.
The intrigue is only intensified by a stubborn defense attorney who seems ready to bring American style justice to a Canadian court room. When in doubt, attack the science.
Brodsky filed a motion this week to bring an immediate halt to the autopsies of the six infants so he could have an independent Pathologist observe the proceedings. The motion underlines concerns critical evidence might be manipulated or destroyed.
Brodsky’s motion calls the entire integrity of the Chief Medical Examiner’s office into question and suggests a lack of independence exists.
The phrase, “search for the truth,” was used more than seventy (70) times during the OJ Simpson trial.
Forensic pathology turned out to be one of the most controversial aspects of the trial that turned out to be more of a three-ring circus than a judicial proceeding.
It seems Mr. Brodsky is hoping for a similar result in the Giesbrecht case.
The Redundant Motion
The motion to halt the autopsies makes little sense and Mr. Brodsky should know it.
When it comes to suspicious deaths or homicide, autopsies are generally performed within twenty-four (24) hours of the discovery of the remains. That’s because the progress of criminal investigations often depend on the findings of these examinations.
I wasn’t surprised when evidence tendered during the hearing suggested 90% of the post-mortem examinations had been completed. I doubt the testimony surprised Mr. Brodsky.
So what’s the point?
Does it make any sense to delay the remaining 10% of the procedures?
Did the motion make any sense?
It really didn’t.
Chief Medical Examiner Thambirajah Balachandra stressed the results of the examinations will be available for independent verification. That assertion should have allayed any concerns expressed by Giesbrecht’s defense team.
Unfortunately, that didn’t stop Brodsky from filing a pointless motion that will accomplish little more than convoluting the issue, squandering valuable court time and delaying the investigative findings.
Is it any wonder people continue to lose faith in our justice system?
The hearing was adjourned until Friday.