Will Tears Work?

In a stunning reversal of strategy the defense team for Bobby Cutts, Jr. put their client on the stand to plead his own case to the jury considering the capital murder case against him.

Fernando Mack's thoughts may have been the testimony in the prosecution's case may have been so damning last week that the defense had only once chance to keep Cutts out of the death chamber, and that was to make the jury feel sorry for him. After five straight days of graphic testimony and images surely seared in the brains of the jury will this afternoon's tears be enough to put the benefit of a death-row doubt in their hearts?

Cutts painted a confusing picture of Jessie's last night on earth, complete with another woman and claims he accidentally killed her when his elbow caught her in the throat. He could barely answer questions during the defense testimony without breaking down and crying but now that the prosecution is asking questions he's noticeably guarded in responding to the State. As a cynic I question the changing mood, but also admit he may simply be emotionally drained at this point after two hours before the cross examination begins.

If it was the decision of the defense team to put Cutts on the stand -- what a risky move. Just about any defense attorney you speak with will note the absolute worst thing most defendants can do is open their mouths, especially with the chance for prosecutors to take aim and come after their target and that's exactly what is happening now with a question on whether Cutts had a cold because prosecution lawyers really didn't see any tears. That may be enough to plant the seed in a wavering juror's mind to question what he or she has just witnessed as to whether it was sincere and the truth. If no, the strategy backfires in the worst possible way but then many question whether Cutts has anything to lose.