2012 Clinet and a murder trial in Maine.

JimHow · Post by **JimHow** » Sat Sep 18, 2021 12:46 am

Taking a brief weekend break in the middle of a murder trial... I'm beginning to love Pomerol.

Two days of jury selection and three days of trial, the state is expected to wrap up its case on Monday, then the defense case, I'm guessing closing arguments by Wednesday or Thursday, a verdict by the end of the week. In between, a bunch of 12 hour days of trial preparation and trial.

Here are stories on the three days of trial, in chronological order, ending with today's testimony:

https://www.sunjournal.com/2021/09/15/m ... -underway/

https://www.sunjournal.com/2021/09/16/a ... psy-shows/

https://www.sunjournal.com/2021/09/17/s ... testimony/

OrlandoRobert · Post by **OrlandoRobert** » Sat Sep 18, 2021 12:10 pm

JimHow wrote: ↑Sat Sep 18, 2021 12:46 am Taking a brief weekend break in the middle of a murder trial... I'm beginning to love Pomerol.

Two days of jury selection and three days of trial, the state is expected to wrap up its case on Monday, then the defense case, I'm guessing closing arguments by Wednesday or Thursday, a verdict by the end of the week. In between, a bunch of 12 hour days of trial preparation and trial.

Here are stories on the three days of trial, in chronological order, ending with today's testimony:

https://www.sunjournal.com/2021/09/15/m ... -underway/

https://www.sunjournal.com/2021/09/16/a ... psy-shows/

https://www.sunjournal.com/2021/09/17/s ... testimony/

Keep posting these, we are now invested!

Third day, Zytich’s testimony starts out quite compellingly, but then gets complicated. I will refrain from further comment, as I assume you are as well.

“Beginning” to love Pomerol!? Come on, it’s classic hedonism, if that makes any sense.

JoelD · Post by **JoelD** » Sat Sep 18, 2021 3:05 pm

Although I didn't love the 05 Clinet recently(I think it might have just been in a weird adolescent phase, should gain complexity in 1-2 blanquitos). I am falling in love with Pomerol in general too.

Keep the links coming. Good reads.

When does the Alaska trial start?

Comte Flaneur · Post by **Comte Flaneur** » Sat Sep 18, 2021 4:19 pm

Enrhralling reads! I am surprised Stephen King hasn’t gotten together with Jim yet to come up with a murder thriller. He must live in the next town?

Seems like the shooter had plenty to aim at.

I think I tried the 2012 Clinet once and remember preferring it to the OTT 2016.

AKR · Post by **AKR** » Sat Sep 18, 2021 5:14 pm

JimHow wrote: ↑Sat Sep 18, 2021 12:46 am Taking a brief weekend break in the middle of a murder trial... I'm beginning to love Pomerol.

Two days of jury selection and three days of trial, the state is expected to wrap up its case on Monday, then the defense case, I'm guessing closing arguments by Wednesday or Thursday, a verdict by the end of the week. In between, a bunch of 12 hour days of trial preparation and trial.

Here are stories on the three days of trial, in chronological order, ending with today's testimony:

https://www.sunjournal.com/2021/09/15/m ... -underway/

https://www.sunjournal.com/2021/09/16/a ... psy-shows/

https://www.sunjournal.com/2021/09/17/s ... testimony/

I don't taste Clinet much but it seems to have a brighter red berry character than other houses.

All those links above are why I avoid WalMart's in person. They seem to attract such an unsavory customer base. Walmart.com though is safe for getting the strange cat food flavors our 18 lb feline loves. (Flaked Trout anyone?)

JimHow · Post by **JimHow** » Sat Sep 18, 2021 6:16 pm

The Alaska case is scheduled for 7 weeks of trial in January/February, Joel, commencing on January 3rd.
Twenty hours of darkness and minus 30 temps on a daily basis in Fairbanks Alaska, 14 miles south of the Arctic Circle.
There is indeed an underbelly to society in the parking lots of Walmart across America.
A lot going on in this case, very little of course gets into the newspaper stories, I'll regale you with tales over some fine northern Medocs in a couple weeks!

Blanquito · Post by **Blanquito** » Sat Sep 18, 2021 6:40 pm

Let’s name our favorite defense attorneys and Pomerols!

I don’t drink Pomerol all that much (sadly) and most of it is quite pricey. For top shelf stuff (but just below the Petrus/Lafleur echelon), it’s really hard to choose between Trotanoy/VCC/La Conseillante/l’Evangile, but if forced I’d give the nod to La Conseillante.

In the next division down, my clear favorite is Certan de May.

And, Perry Mason? Or the BD? BD by a mile!

OrlandoRobert · Post by **OrlandoRobert** » Sat Sep 18, 2021 8:41 pm

Blanquito wrote: ↑Sat Sep 18, 2021 6:40 pm Let’s name our favorite defense attorneys and Pomerols!

I don’t drink Pomerol all that much (sadly) and most of it is quite pricey. For top shelf stuff (but just below the Petrus/Lafleur echelon), it’s really hard to choose between Trotanoy/VCC/La Conseillante/l’Evangile, but if forced I’d give the nod to La Conseillante.

In the next division down, my clear favorite is Certan de May.

And, Perry Mason? Or the BD? BD by a mile!

I put Trotanoy and VCC as by far the two best Pomerols outside the obvious “big three”. For the money, I’d argue they are among the best wines made in all of Bordeaux.

jal · Post by **jal** » Sat Sep 18, 2021 10:13 pm

L'Evangile and la Conseillante are my two top Pomerols
Jill prefers St Émilion
Honestly, I'm more of a left bank guy.

DavidG · Post by **DavidG** » Mon Sep 20, 2021 9:36 pm

Jim is the Petrus of defense attorneys.

DavidG · Post by **DavidG** » Mon Sep 20, 2021 9:43 pm

Just started the second article. First sentence - the ME says the victim was killed by the bullet lodged near his spine, not the one that "put three good-sized holes in his heart?" Have anatomy and physiology changed that much in the last 35 years?

JimHow · Post by **JimHow** » Tue Sep 21, 2021 12:03 am

Evidence should wrap up tomorrow, closing arguments on Wednesday morning:

https://www.sunjournal.com/2021/09/20/l ... f-defense/

JimHow · Post by **JimHow** » Tue Sep 21, 2021 9:48 pm

Closing arguments tomorrow!
Win or lose, I am going to drink a very fine northern Medoc.

https://www.sunjournal.com/2021/09/21/t ... ing-trial/

Nicklasss · Post by **Nicklasss** » Tue Sep 21, 2021 10:06 pm

More details about the 2012 Clinet?

My favorite Pomerol is La Conseillante.

Looking forward the issue of your trial.

jckba · Post by **jckba** » Tue Sep 21, 2021 10:18 pm

While there is clearly a hierarchy in Pomerol, I am starting to think that Jim might be hinting / polling for a potential Pomerol BWE WOTY.

Had a ‘98 VCC the week before last at a dinner and it was aromatic, expressive and made me weak in the knees even though I was sitting (96 today but 100 point potential). According to Mark, current pricing in London + delivery brings this to $2k a 6pack and while that is well above my self imposed max per bottle, this wine was so stunningly good that I am still thinking about it.

OrlandoRobert · Post by **OrlandoRobert** » Wed Sep 22, 2021 12:12 am

Good luck on closing, Jimbo!

I have some person thoughts based on what I have read, so look forward to when you can talk about this.

JimHow · Post by **JimHow** » Wed Sep 22, 2021 12:31 am

Thanks OB, we could have a verdict as early as tomorrow.

JoelD · Post by **JoelD** » Wed Sep 22, 2021 3:31 pm

JimHow wrote: ↑Wed Sep 22, 2021 12:31 am Thanks OB, we could have a verdict as early as tomorrow.

I'm very curious to hear how this one goes. I legitimately see both sides, from the limited info that we have in the articles. This is a very 50/50 one to me.

Maybe the post trial write up will give more details or you tell us over some fine northern Medoc next week.

This is definitely different than the Alaska trial, which I think is a total railroad job against your client. Even if he did it, the evidence seems to be bullshit.

Best of luck either way!

JimHow · Post by **JimHow** » Wed Sep 22, 2021 9:28 pm

Not guilty on both murder and manslaughter, client walks out of courthouse. Three hours and 15 minutes deliberation.

Chateau Vin · Post by **Chateau Vin** » Wed Sep 22, 2021 10:05 pm

JimHow wrote: ↑Wed Sep 22, 2021 9:28 pm Not guilty on both murder and manslaughter, client walks out of courthouse. Three hours and 15 minutes deliberation.

Hmm. Average folks like us don't understand the nitty gritty of lawyerly arguments, but the verdict was quick...

dstgolf · Post by **dstgolf** » Wed Sep 22, 2021 11:12 pm

I'm missing something here. A guy comes up to this kids window punches him in the face then walks away gets shot in the back and the kid walks away Scott free! I don't get it? Yes you've done your job but there's somebody dead here! I don't understand how this works.

JimHow · Post by **JimHow** » Wed Sep 22, 2021 11:32 pm

It's called the case being decided by a jury, Danny, after listening to a week of evidence, and not based on snippets from newspaper stories.
It's not just about "doing my job." It's about due process, presumption of innocence, reasonable doubt, you know, things that we have in free democracies.
Not... He must be guilty because a newspaper story says so.

JimHow · Post by **JimHow** » Wed Sep 22, 2021 11:36 pm

frankly, to be perfectly honest with you, I knew that if the jury put emotion aside and applied the law of self-defense with deadly force, he would be acquitted. fortunately, we had a very intelligent and thoughtful jury that did just that. It was a wild scene inside and outside the courthouse after the verdict. It's kind of pathetic to watch people freaking out on social media, people who didn't hear one second of the evidence.

JimHow · Post by **JimHow** » Wed Sep 22, 2021 11:46 pm

Check out the photo montage, that defense lawyer is a damned good looking man.

https://www.sunjournal.com/2021/09/22/j ... n-walmart/

Hm$(still) · Post by **Hm$(still)** » Thu Sep 23, 2021 12:11 am

Jim lived and breathed that case. He did more than his job. He helped vindicate the rights of an innocent man. And we should all be very proud of him.

Hm$

OrlandoRobert · Post by **OrlandoRobert** » Thu Sep 23, 2021 12:14 am

JimHow wrote: ↑Wed Sep 22, 2021 9:28 pm Not guilty on both murder and manslaughter, client walks out of courthouse. Three hours and 15 minutes deliberation.

Ho Lee Fuk!!!

Awesome.

Reading the media accounts, I thought this guy was toast!

Wonderful work, sir.

Whatcha drinking?

JimHow · Post by **JimHow** » Thu Sep 23, 2021 12:19 am

Thanks Howard and OB, I am proud to be co-members of the bar in a country that still believes that a person should only go to prison for life after a jury hears ALL the evidence, not newspaper snippets... Apparently that's not how they do it in my second favorite country, Canada.

tonight it is a 2000 Calon Segur. My phone and email have exploded.
It is amazing to see the ignorance of the reactions to this verdict, which, trust me, was completely rational.

OrlandoRobert · Post by **OrlandoRobert** » Thu Sep 23, 2021 12:20 am

Hm$(still) wrote: ↑Thu Sep 23, 2021 12:11 am Jim lived and breathed that case. He did more than his job. He helped vindicate the rights of an innocent man. And we should all be very proud of him.

Hm$

Agreed.

I am a corporate lawyer. I have TREMENDOUS respect for what Jim does. It is often a very thankless job. Does not regularly pay what big corporate law pays. And is often disrespected. Truth is, this is the most important thing a lawyer can do: protecting the rights of a private citizen, and preserving their liberty against an oppressive government. I just make big business more rich. Jim’s work has more value.

More often, these poor defendants go to jail. Most do not get a Jim to defend them. Most get a public defender that could have 500 other cases to manage. This defendant was lucky to have the full and fair rights of defenses afforded to all of us under the most historical of all documents, our Constitution.

jal · Post by **jal** » Thu Sep 23, 2021 12:30 am

It was obviously a senseless death, senseless deaths are always tragic. Nevertheless, just from reading the accounts it seemed to me a 300lbs man went to a tiny guy's car with the intention of delivering a beating. The tiny guy acted in self defense and shot the attacker, then tried to administer first aid instead of fleeing the scene.
It looks like a fair verdict to me

JimHow · Post by **JimHow** » Thu Sep 23, 2021 12:43 am

A little more detail here in this story but, you guys have to trust me, there was a LOT more to this story than what was reported in the newspaper stories.

There was absolutely nothing shocking about this verdict. It was absolutely the correct verdict.

https://www.sunjournal.com/2021/09/22/j ... n-walmart/

Nicklasss · Post by **Nicklasss** » Thu Sep 23, 2021 1:33 am

Congratulations Jim.

But I predict that you'll have a new brick thrown through your office window sooner than later...

I understand Danny's reaction, but it is a completely different story here in Canada, as we're not allowed to have guns, so the perception is quickly that if you shoot on someone, you're guilty as you're not supposed to have a gun. So self defense is completely different topic here, without guns. That make completely different trial.

JimHow · Post by **JimHow** » Thu Sep 23, 2021 2:04 am

Not sure what you are saying, Nicola.
You are not allowed to hunt in Canada?
You are not allowed to defend yourself?

Some are saying they can't read the local news story, trying to paste it here:

Jury acquits Gage Dalphonse of murder in fatal shooting at Auburn Walmart
Jean Fournier, 41, of Turner was shot twice in the back June 27, 2019, in the parking lot on Mount Auburn Avenue.

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BY CHRISTOPHER WILLIAMSSUN JOURNAL
1 of 10

Gage Dalphonse listens Wednesday during closing arguments in his murder trial at the Capital Judicial Center in Augusta. He is charged with the 2019 shooting death of a man in the Auburn Walmart parking lot. Joe Phelan/Kennebec Journal
AUGUSTA — It took a jury just over three hours to acquit a 23-year-old Auburn man of murder in the 2019 shooting in the Auburn Walmart parking lot.

Eight women and four men also found Gage Dalphonse of Crest Avenue in Auburn not guilty of manslaughter.

Jean Fournier, 41, of Turner was shot twice in the back June 27, 2019, in the Walmart parking lot on Mount Auburn Avenue.

Dalphonse claimed he acted in self-defense after Fournier walked over to his parked car to demand he apologize to his girlfriend for calling her an expletive and then hit him in the mouth.

Prosecutors said Dalphonse took aim at Fournier’s back as he ran from Dalphonse’s car and was shot as he passed the rear of the Auburn man’s car.

Assistant Attorney General Lisa Bogue said one of the two shots instantly paralyzed Fournier where he fell, well clear of the back of Dalphonse’s car, proving Dalphonse had time to aim at the fleeing man before firing his handgun.

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In his closing argument Wednesday, defense attorney James Howaniec said Maine State Police had concluded that theory early in the case, then tried to force contradictory evidence to make it stick.

Before the jury left the courtroom and after the forewoman read the verdict, a woman sitting with the victim’s family ran out.

After the jury left the courtroom, Dalphonse was released from custody and joined his family and friends in the courtroom gallery and hugged them.

“Obviously we’re pleased with the verdict,” Howaniec said. “I’m sympathetic with the emotions of the Fournier family. This was an exceedingly difficult and emotional case. We have believed from the beginning that Gage was acting in self-defense. We feel that the evidence was consistent with that.”

He said the jury appeared to agree.

“It was an incredibly unfortunate and tragic sequence of events that evolved basically over one minute in the Walmart parking lot from the moment Gage first encountered Mr. Fournier to the tragic events that occurred over in the next lane,” he said.

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The incident was sad for all involved he said, noting Dalphonse spent more than two years in the Androscoggin County Jail in Auburn awaiting trial.

“We’re obviously disappointed,” Bogue said of the acquittal. “We all worked hard. We put on the best case that we had and we respect the jury’s verdict.”

Witnesses testified that Dalphonse was driving into the lot with his best friend to drop him off at his car that he’d parked there earlier in the day.

They passed a woman Dalphonse had worked with at a local nursing home.

The two had argued at work and hadn’t spoken in months.

She saw Dalphonse in the lot and called him a “little bitch;” he retorted: “shut your f——— whore mouth.”

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Dalphonse continued through the parking lot and parked after encountering Fournier, the woman’s boyfriend.

Fournier came up to the driver’s side window and demanded Dalphonse apologize to his girlfriend.

Dalphonse said he would apologize to Fournier, but not his girlfriend.

Fournier, who was nearly three times Dalphonse’s weight of 105 pounds, hit Dalphonse in the mouth, breaking the skin inside his lip.

His friend, Defghan Zitsch, who was seated in the Volkswagen Golf beside Dalphonse, testified that Fournier had then tried to unlock the driver’s side door.

Zitch testified he thought Fournier intended to pull Dalphonse from the car and beat him.

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He said the blow to Dalphonse had dazed him.

His defense team tried to show that the shooting happened instantly while Fournier was at Dalphonse’s door.

They pointed to one of the shell casings that landed in the car as well as the trajectory of one of the bullets that followed a path from Fournier’s lower left back up through his torso.

Prosecutors sought to prove Dalphonse had taken the time to aim and shoot after Fournier had spotted Dalphonse’s gun, shouted, “Gun!” then “Run!” as he fled toward the back of the car.

Bogue said Dalphonse had a loaded Glock 9mm handgun in a holster at the front of his pants having returned from a firing range in Poland earlier that day.

Attorneys for Dalphonse had filed a motion to move the case out of Androscoggin County due to media coverage. The trial was held at the Capital Judicial Center in Augusta for administrative reasons.

The trial lasted a week.

marcs · Post by **marcs** » Thu Sep 23, 2021 2:11 am

Holy shit, Jim, what is your record now? You’re a courtroom magician!

Comte Flaneur · Post by **Comte Flaneur** » Thu Sep 23, 2021 7:06 am

Congratulations Jim, you did it again!

JimHow · Post by **JimHow** » Thu Sep 23, 2021 10:56 am

I ended up uncorking a 2000 Calon Segur, it was splendid. Still youthful, but in a great place to my liking. I have one bottle left, I'll give it a single blanquito.

What a trial. So many stories to tell. We had a great jury. The forewoman was crying during my closing.
Complete disbelief from the internet "experts" over the verdict.
For me, I just don't understand why people think it is so impossible to go from shooting someone in the front to shooting them in the back in a blink of an eye, which is exactly what happened here.
Also, this was yet another example of the Maine state police overreaching, trying to fit square pegs into round holes to make the forensic evidence fit their theory of the case. It backfired badly for the state. The jury didn't buy it.

https://bangordailynews.com/2021/09/22/ ... -shooting/

AKR · Post by **AKR** » Thu Sep 23, 2021 4:03 pm

Congratulations JimHow - that must have been a Calon Segur that even Johnny Depp would have been jealous of!

Huge loss of face for the prosecutors office and their investigators. Huge.

I didn't see it mentioned in any of the articles, but what was the victim's prior criminal history?

It seems like a person who goes around beating up people in their cars would have had some interactions with justice system in the past.

JimHow · Post by **JimHow** » Thu Sep 23, 2021 4:18 pm

Ha, great that you picked up in that, Arv.
A juror actually wrote a note to the judge asking that very question in the middle of the trial, a question he did not answer.
He had a very serious felony record of robberies, a federal drug conviction, etc. The judge barred us from letting the jury know that. His buddy by his side had four felony robbery convictions. The jury heard about those because he testified.

My phone hasn’t stopped ringing, I’m getting calls from around the country.

OrlandoRobert · Post by **OrlandoRobert** » Thu Sep 23, 2021 4:51 pm

JimHow wrote: ↑Thu Sep 23, 2021 4:18 pm Ha, great that you picked up in that, Arv.
A juror actually wrote a note to the judge asking that very question in the middle of the trial, a question he did not answer.
He had a very serious felony record of robberies, a federal drug conviction, etc. The judge barred us from letting the jury know that. His buddy by his side had four felony robbery convictions. The jury heard about those because he testified.

My phone hasn’t stopped ringing, I’m getting calls from around the country.

Bad act evidence from prior incidents generally not admissible except under limited circumstances to show things like plan, identity, motivation, etc. I don’t see it being admissible here.

JimHow · Post by **JimHow** » Thu Sep 23, 2021 5:52 pm

Yeah, the Maine case law was against us on that point.

This is exhibit #19, a picture of the two individuals that showed up to my 105-pound client's car door, in the Walmart parking lot moments before the shooting.
The guy on the left is the one who was shot.
He punched my client in the face, knocked him into semi-consciousness, and then tried to unlock the door from the inside to drag my client out. This seemed like a no-brainer case of self-defense to me. Fortunately, the jury agreed.

stefan · Post by **stefan** » Thu Sep 23, 2021 8:23 pm

Congratulations, Jim. Hard case, and being barred from using the needed killin' defense must have made it doubly tough.