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Posted
Thursday, October 25, 2007 9:50 AM
| By
Dahlia Lithwick
Opening statements in the Darren Mack trial yesterday revealed some sort of crazy quilt defense strategy that seems to involve tossing out at least 12 alternative theories and hoping one of them resonates with each the jurors. Of course the blame-the-victim prong involves painting Mack’s estranged wife, Charla, as a violent, sexually voracious (and deviant) “terrorist” and the judge as lifelong a man-hater. I guess this explains why the jury questionnaires were all so focused on the prospective jury’s histories of violence, abuse, and marital discord. The plan was to seat a jury that was already steamed up about gender equality, ugly divorces, physical violence, then appeal to every single one of those grievances.
This odd split defense – the first murder was self defense and the shooting of the judge was insanity -- was pursued over defense counsel’s objections. It’s all something of a mess, but laced though it are strong defense claims that the unfairness faced by fathers in family court are pervasive and unbearable, and that the injustices of Mack’s divorce were like those of the American colonists fighting the British – only worse. Glenn Sacks calls this the “Mary Winkler” defense and cautions that it “only works for women.”
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