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Who will jury believe in Stark testimony?

Posted: January 26, 2013 - 4:26pm

In every trial, what it comes down to is credibility, said Samuel Perroni, attorney for Jack Gillean, in an email.

“Who does the jury believe is telling the truth?” he said. “Now, the truth does not flutter in the courtroom like a carefree dove. Sometimes you have to drag it in kicking and screaming.”

Any admissible evidence, particularly showing someone’s motive for testifying, is “extremely important,” Perroni said.

On the other hand, prosecutors don’t get to pick their witnesses, said Bob McMahan, Arkansas prosecutor coordinator. Sometimes those witnesses have flawed backgrounds, he said.

“Like we don’t get to choose our victims, we also don’t get to choose who witnesses a crime,” McMahan said.

Hiland said he couldn’t comment on Stark until the case and appeals are over.

“First, Mr. Gillean’s opinion of Mr. Stark is that he is a liar, thief and thug who is hurting others to save his own skin,” Perroni wrote in email.

Perroni said he wrote the email in consultation with Gillean.

Stark was never “violent” in front of Gillean, Perroni said.

However, Stark “abused” their friendship and was fired from his student worker position in the President’s Office in 2011 for “poor work ethic,” according to the email.

In the affidavit, Stark told police he had an accident while driving Gillean’s motorcycle and Gillean became angry, ended their friendship and fired him.

But the email from Perroni indicated Stark is not trustworthy, including information Stark gave police about the keys.

“Mr. Gillean’s keys were lost in August of 2011. He reported this to the appropriate UCA officials at the time. The keys were in his possession one day and gone the next,” Perroni said. “If Mr. Stark had them, he took them without Mr. Gillean’s consent. Mr. Gillean did not give him the keys or authorize their use for any reason.”

Bratton said he didn’t know Stark well, but that the student seemed impressed by money and power.

“I think he fell in with bad companions, but I think he was susceptible,” Bratton said.

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NoKidding
2426
Points
NoKidding 01/27/13 - 12:18 pm
3
0

Batter up!

Hiland tossed Perroni a softball.

BuzzBy
17777
Points
BuzzBy 01/28/13 - 09:02 am
5
0

A Whole Lot

Unpublished

Of Mon"KEY" business that has been going on @ UCA for too long.
Got board members using it and their connections as a private piggy bank to cover gambling debts and among othee thing then we get past that problem. Then we get red brick sidewalks and vendor deals so the prez's wife can play doll house with their home. Then the next UCA related news the Oxofrd thing comes along

Hope UCA can get past all this "CRUDE" and get cleaned up and back to teaching students 1st and worry about paying back political favors later.

Zheking
2080
Points
Zheking 01/28/13 - 09:46 am
6
0

Easy to discredit

Seems to me like all the defense has to do is examine Stark, and apparently anyone who knew him to discredit him and his testimony. I'm still just confused as to why Stark wasn't charged.... He did the break in's......

johnb
177
Points
johnb 01/28/13 - 04:12 pm
6
0

I Agree

I think the jurors will be wondering why Hiland cut the deal with Stark.

Zheking
2080
Points
Zheking 01/28/13 - 04:51 pm
4
0

The same reason they'll be

The same reason they'll be wondering why Gillean gave him the key.....

Hennysmom
664
Points
Hennysmom 01/28/13 - 05:24 pm
5
0

Deflecting

Stark is able to manipulate the players, who is going to get the biggest press points Stark or Gillean? How much tv time would Hiland get for nailing the big fish?

Zheking
2080
Points
Zheking 01/28/13 - 05:33 pm
5
0

Sadly that's the problem is

Sadly that's the problem is worrying about "press time" versus doing what's right. And now he won't get a conviction because Stark is too easy to discredit.

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