prosecution in corona trial needs a superman to do the closing to win the case
the corona impeachment trial has become a telenovela played out on national tv like an afternoon soap but unlike the telenovelas, this one has stopped taking twists and turns, it has in fact been on a single track – a daily watch of what new blunder the prosecution has been up to this time and who among the senator jurors will be giving the prosecution a lecture on their errors and shortcomings. the usual suspects are senator juan pnce enrile and senator miriam defensor santiago and on occasion the defense lead counsel, serafin cuevas.
this took a bizarre, almost cataclysmic proportion when senator jinggoy estrada calls out private prosecutor vitaliano aguirre for covering his ears the whole time senator santiago was giving a first class lecture on the prosecuti0n’s latest blunder of the day.
this could have been just another day for the prosecution but senator santiago was particularly volcanic on this day that we were glued to our seat, with cell phone on hand ready to dial emergency 911 to call for an ambulance to go to the senate just in case senator santiago had a heart attack.
the irony of it all was on this day the prosecution has rested it’s case. in other words senator santiago’s near heart attack volcanic anger and attorney aguirre’s comic or is it cosmic cover-the-ears antic will be the last image, audio and memory the prosecution will be leaving not only in the minds of the public but more importantly in the senator jurors’.
for the record, we had called for the replacement of the prosecution team in this trial almost from the very start. although we began calling for the replacement of congressman neil tupas as lead prosecutor, it became clear to us that most of the members of the prosecution team were also showing incompetence. this incident with aguirre is just an exclamation point to the many that we have seen in the course of the trial.
the prosecution has closed their presentation. unfortunately, they were not able to close on a high note but on a note of infamy with the image of attorney aguirre’s hands covering his ears.
is it all lost for the prosecution? well, legally speaking, no not yet. the defense still has to present their evidence and counter evidence. even before that step, the prosecution still has to make a formal offer on the evidence that will be accepted by the court. so far what has been done was the evidence has been marked only. there will of course be a legal battle royal when the prosecution does this. it is expected that the defense will obeject to each and every evidence that has been marked.
we do not how this will go and equally important how the defense will do when it is their thing on the court. for all we know it could be as horrible or wosrt for the defense.
while these questions are still to be answered, it is prudent for the prosecution to assume the worst for themselves. based on current trends in the court, the prosecution need to assume they will be at a great disadvantage by closing time.
we think the prosecution’s closing will be most crucial for them., the closing argument is in essence the summary of their case against corona. not only is it the summary but the closing is supposed to be the most persuasive for them. the idea is that this closing will be the last push to get senator jurors to see the guilt of corona and for them to vote to impeach corona.
for this closing, we think the prosecution need to do the following:
- they don;t just need a lawyer who will do the closing, they need superman to do it for them.. not even clark kent will do, they need superman himself, in his tights, a letter “S” on his chest and a red cape doing the closing.
- they need attorney superman in his most persuasive and in his clearest and sharpest because the prosecution attorneys on their own have muddled the issues in the case.
- the prosecution attorneys have drawn so much attention to everything and anything not related to the case or the evidence needed to convict corona that attorney superman will need to blind the senator jurors to these and get them to just focus on the real evidence that they have presented and just convict corona.
- attorney superman must deliver superhuman logic, superhuman persuasiveness and superhuman clarity.
- we do not know how the tights and cape will do but this attorney superman need to be well respected by the senator jurors, someone the senator jurors see as at least equal to them in stature if not greater. if they can get john f kennedy or ronald reagan to wear a superman costume, that will do it for sure.
- the closing speech of the prosecution SHOULD NOT mention the word and the thought “technicality”. mentioning this will just be whining and will not sit well with the senator jurors. sure, the defense has used technicalities every half step of the way, but it is what defense lawyers do, complaining about technicalities will only insult the intelligence fo the senator jurors.
- the prosecution closing should completely ignore their stupidity and errors and not mention any of it. they should all be in denial and hope the senator juroirs do not remember any of it.
- the closing speech should overcome and actually exploit and turn the lead defense attorney serafin cuevas’ obsession with lectures to their advantage and a negative for the defense. for sure, attorney cuevas will deliver a lecture in his closing. a lecture is in his DNA, it is unavoidable for him. knowing cuevas will go into a lecture should be turned into an advantage by the prosecution.
- as peg, the prosecution team should frame the quality of the closing speech and the attorney superman as convincing senator miriam defensor santiago. the speech writer should write the speech thinking that this is his goal – to write a speech that will convince santiago. discovering the magic formula on that will make them win the case.
is it impossible? no, we do not think so. we have defined here very specific goals and needs. all that the prosecution need to do is deliver on these. they have a lot of time to get it right, around 4 to 5 weeks. but they should start preparing for the close now.
what the prosecution team needs to do is to be more creative and be very goal obsessed. here is a suggestion on the creativity part – they can stay closer to home and just get ninoy aquino or ferdinand marcos to deliver the closing speech, they are two of the country’s top orators and communicators. that is easy-peasy.