Friday, December 12, 2003

Chewbacca Offense in the Making?

Ken Lawson has tipped his hat as to what his plan of attack will be in a soon to be filed lawsuit against the city by the family of Nathaniel Jones.

The key phrase is "Positional asphyxia" which basically means being positioned in a manner to stop breathing. "Cardiac dysrhythmia" was the official cause of death from the Hamilton County Coroner.

I predict if there is a trial, the Coroner's office will be put on trial along with the City. Lawson will seek to try and discredit them as much as possible, which he did last week right after the autopsy results were released.

The Chewbacca Defense is a growing concept in blog circulars that describes the typical method of confusing juries with meaningless points to try and get defendants without a good defense. I through out the phrase "Chewbacca Offense" as a similar concept that is used by civil trial lawyers to try confuse or mislead juries into wanting to punish Organizations, Governments, or other perceived faceless Institutions for doing wrong on society in general or a segment of society.

Now, don't get me wrong. Often those big behemoths do wrong and need to be punished, but trying in this concept they bring claims or theories that fit historical assumptions that have no basis in fact outside the plaintiff’s own "experts."

I wonder if Lawson will actually get a reputable pathologist to say in this case that Hamilton County Coroner was totally wrong. He would need that if he goes to trial and hopes to win. If he hopes to get a settlement out of City, then all he needs to do is to make the city think it will cost more to prove he does not have such pathologist to state the cause of death was certainly wrong.

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