Mrs.P
The Wonder Wench
I can twist any innocent story to my liking. I love watching you guys squirm.biggrin idn_smilie
No really. This happened. Here.
- Thread starter Mark Wein
- Start date
That seems to be a gift that most women have. cop0
Mrs.P
The Wonder Wench
You know they pull us out in grade school and give us special lessons in manipulation and squirm factorwave0
Denverdave
Resident Ragamuffin
Whew. All is right with the world once again.
Against the advice of counsel, The Bandaged One took the stand in his own defense Tuesday. I'll let our news story carry the details, but my short take: Like so many defendants who testify, Steve Rocco was doing great – until the cross-examination began.
Under direct examination, by his public defender, he had been quick, engaging, told a plausible story and truly had me pulling for him.
That feeling of goodwill started to unravel pretty quickly when prosecutor Lynda Fernandez started with a seemingly simple let's-get-acquainted question that had nothing to do with the alleged theft itself: When did he last teach school?
Oh, it was a long time ago, he said. Can't remember. "Many, many schools," for various periods of time. He finally came up with the names of two O.C. schools, but still wouldn't even offer a specific decade in which he taught.
There's never been a question that he taught, at least as a sub, so what's the deal? It just made him seem obstinate, paranoid, or both.
Then, to believe his version of events of the day in question, you'd have to believe that two Chapman officers lied about details both important and not-so-important. Rocco's one of those underdogs who just makes things harder for himself.
Before he took the stand, though, I was impressed that the defense has come up with a brilliant tactic: Show that the ketchup bottle didn't have little value – it had no value. Do that, and there's no crime.
What's become apparent is that there's great disparity in the valuation of the ketchup. Let's refresh. I originally placed the value at $1.98, based on what you'll pay if you order a 14-ounce bottle of Heinz from Amazon. The prosecution put the value at $1.20 – what Chapman's cafeteria pays.
Defense attorney Erica Gambale put it at 60 cents, which she illustrated for jurors during her opening statement by holding up two quarters and a dime. This was based on her assumption that the bottle was half-full.
A little later, one of the security guards testified that the bottle was actually three-quarters full. So back up to 90 cents of value. But Gambale shrewdly established that after opening a bottle of ketchup, one is supposed to refrigerate it. Then it comes out that at the time Rocco is allegedly swiped the bottle, 10:15 a.m., the cafeteria wasn't open yet because it was a Saturday.
I think I see where she's going: The cafeteria workers had forgotten to clear the bottle from the outdoor table the night before and put it in the refrigerator. And if the ketchup had been put out the day before at 8 a.m., by the time Rocco allegedly took it, it had been unrefrigerated for more than a day. In other words, it was spoiled – and had no value.
The Refrigeration Defense. I like it.
I detected other evidentiary issues. Specifically, the absence of the ketchup bottle itself. It was apparently returned to the cafeteria and, perhaps, ick, returned to service. (Note to self: See whether spike in ptomaine at Student Health Services last fall.)
As an amateur student of the law, I know that under the Rule of Clue, you only succeed if you can put the candlestick in the Library with Colonel Mustard. Here, the D.A. has Mr. Ketchup at the Cafeteria – but hasn't yet acquired the bottle.
I wish I could tell you there was a palpable What the hell … feeling coming from the jury box when Fernandez finally revealed the that petty theft was strong on petty and no-so-strong on theft. She described the alleged circumstances: That the security officer saw him pick up the bottle, put it in a bag and take off on his bike. She told jurors it was worth $1.20 – "valued so low because of the way the university purchases ketchup." (Look, I think the Pentagon could have purchased the ketchup and it would have still come in under $5, but she's working with what she has.)
Anyway, I suspect the jurors were waiting for her to add something – anything – to the list of items Rocco supposedly swiped. But after just 11 minutes, she just stopped her opening statement.
Trial continues Wednesday with Rocco still on the stand. Assuming he isn't beamed aboard overnight.
Under direct examination, by his public defender, he had been quick, engaging, told a plausible story and truly had me pulling for him.
That feeling of goodwill started to unravel pretty quickly when prosecutor Lynda Fernandez started with a seemingly simple let's-get-acquainted question that had nothing to do with the alleged theft itself: When did he last teach school?
Oh, it was a long time ago, he said. Can't remember. "Many, many schools," for various periods of time. He finally came up with the names of two O.C. schools, but still wouldn't even offer a specific decade in which he taught.
There's never been a question that he taught, at least as a sub, so what's the deal? It just made him seem obstinate, paranoid, or both.
Then, to believe his version of events of the day in question, you'd have to believe that two Chapman officers lied about details both important and not-so-important. Rocco's one of those underdogs who just makes things harder for himself.
Before he took the stand, though, I was impressed that the defense has come up with a brilliant tactic: Show that the ketchup bottle didn't have little value – it had no value. Do that, and there's no crime.
What's become apparent is that there's great disparity in the valuation of the ketchup. Let's refresh. I originally placed the value at $1.98, based on what you'll pay if you order a 14-ounce bottle of Heinz from Amazon. The prosecution put the value at $1.20 – what Chapman's cafeteria pays.
Defense attorney Erica Gambale put it at 60 cents, which she illustrated for jurors during her opening statement by holding up two quarters and a dime. This was based on her assumption that the bottle was half-full.
A little later, one of the security guards testified that the bottle was actually three-quarters full. So back up to 90 cents of value. But Gambale shrewdly established that after opening a bottle of ketchup, one is supposed to refrigerate it. Then it comes out that at the time Rocco is allegedly swiped the bottle, 10:15 a.m., the cafeteria wasn't open yet because it was a Saturday.
I think I see where she's going: The cafeteria workers had forgotten to clear the bottle from the outdoor table the night before and put it in the refrigerator. And if the ketchup had been put out the day before at 8 a.m., by the time Rocco allegedly took it, it had been unrefrigerated for more than a day. In other words, it was spoiled – and had no value.
The Refrigeration Defense. I like it.
I detected other evidentiary issues. Specifically, the absence of the ketchup bottle itself. It was apparently returned to the cafeteria and, perhaps, ick, returned to service. (Note to self: See whether spike in ptomaine at Student Health Services last fall.)
As an amateur student of the law, I know that under the Rule of Clue, you only succeed if you can put the candlestick in the Library with Colonel Mustard. Here, the D.A. has Mr. Ketchup at the Cafeteria – but hasn't yet acquired the bottle.
I wish I could tell you there was a palpable What the hell … feeling coming from the jury box when Fernandez finally revealed the that petty theft was strong on petty and no-so-strong on theft. She described the alleged circumstances: That the security officer saw him pick up the bottle, put it in a bag and take off on his bike. She told jurors it was worth $1.20 – "valued so low because of the way the university purchases ketchup." (Look, I think the Pentagon could have purchased the ketchup and it would have still come in under $5, but she's working with what she has.)
Anyway, I suspect the jurors were waiting for her to add something – anything – to the list of items Rocco supposedly swiped. But after just 11 minutes, she just stopped her opening statement.
Trial continues Wednesday with Rocco still on the stand. Assuming he isn't beamed aboard overnight.
more:
Steve Rocco – conspiracy-minded eccentric, one-time school board member and, now, accused ketchup thief – testified this morning that he knew a bottle of Heinz 57 lying on the ground was trouble as soon as he saw it.
"I'm a public official," Rocco explained to 12 jurors who will have to decide whether he stole that bottle of ketchup from Chapman University last fall. "And public officials, believe it or not, have enemies… Things can get blown out of proportion."
Prosecutors have charged Rocco with petty theft and say he grabbed that bottle of ketchup – estimated value $1.20 – from a table outside Chapman's cafeteria. But Rocco said he scooped up the bottle and immediately put it in a recycling bin, in part so that nobody could plant it as evidence in his bicycle basket later.
"I've found marijuana in my bicycle basket once," he said. His attorney quickly had him clarify that it was not his marijuana.
Security guards at Chapman say that Rocco took the ketchup as he left a campus building, then pedaled away on his bike, ignoring orders to stop. Police reported that they recovered the ketchup bottle in question in a shopping bag Rocco had.
Rocco has said he found the bottle of ketchup as he entered the building and recycled it immediately. He testified that the security guards later produced a ketchup bottle and placed it near his bicycle.
Rocco's attorney, Erica Gambale, wanted to know what happened to the ketchup bottle after police recovered it. "They wanted their bottle of ketchup back," Orange Police officer Cornelius Ungureanu said. "They wanted their property back, so I gave it back to them."
Gambale pressed the officer: Why not take photos as evidence. "Usually," he answered, "for a bottle of ketchup, where the bottle is recovered… I just felt that it wasn't necessary to waste time and effort on a bottle of ketchup that was already recovered."
Rocco spent four years on the Orange school board, where he was best known for railing against a shadow group he called The Partnership. He never mentioned The Partnership in the hour and a half he spent on the stand.
He came to court dressed in turquoise pants and a green corduroy coat, with a large, white bandage plastered to his head, as it has been throughout the trial. Prosecutor Lynda Fernadez asked him if he was comfortable explaining to the jury why he had a bandage on his head, but he said, "No."
"Did you take the ketchup bottle from Chapman University just to mess with Chapman University," she asked in one exchange.
"Absolutely not," Rocco answered.
"You didn't need the bottle of ketchup for yourself?" she asked.
"I never use ketchup," he replied.
"You really have no excuse for taking that ketchup bottle," she said.
"I didn't take that ketchup bottle," Rocco responded. "I recycled it."
The attorneys in the case are scheduled to deliver their closing arguments this afternoon. After that, the question of whether Steve Rocco stole a bottle of ketchup from Chapman University goes to the jury.
Steve Rocco – conspiracy-minded eccentric, one-time school board member and, now, accused ketchup thief – testified this morning that he knew a bottle of Heinz 57 lying on the ground was trouble as soon as he saw it.
"I'm a public official," Rocco explained to 12 jurors who will have to decide whether he stole that bottle of ketchup from Chapman University last fall. "And public officials, believe it or not, have enemies… Things can get blown out of proportion."
Prosecutors have charged Rocco with petty theft and say he grabbed that bottle of ketchup – estimated value $1.20 – from a table outside Chapman's cafeteria. But Rocco said he scooped up the bottle and immediately put it in a recycling bin, in part so that nobody could plant it as evidence in his bicycle basket later.
"I've found marijuana in my bicycle basket once," he said. His attorney quickly had him clarify that it was not his marijuana.
Security guards at Chapman say that Rocco took the ketchup as he left a campus building, then pedaled away on his bike, ignoring orders to stop. Police reported that they recovered the ketchup bottle in question in a shopping bag Rocco had.
Rocco has said he found the bottle of ketchup as he entered the building and recycled it immediately. He testified that the security guards later produced a ketchup bottle and placed it near his bicycle.
Rocco's attorney, Erica Gambale, wanted to know what happened to the ketchup bottle after police recovered it. "They wanted their bottle of ketchup back," Orange Police officer Cornelius Ungureanu said. "They wanted their property back, so I gave it back to them."
Gambale pressed the officer: Why not take photos as evidence. "Usually," he answered, "for a bottle of ketchup, where the bottle is recovered… I just felt that it wasn't necessary to waste time and effort on a bottle of ketchup that was already recovered."
Rocco spent four years on the Orange school board, where he was best known for railing against a shadow group he called The Partnership. He never mentioned The Partnership in the hour and a half he spent on the stand.
He came to court dressed in turquoise pants and a green corduroy coat, with a large, white bandage plastered to his head, as it has been throughout the trial. Prosecutor Lynda Fernadez asked him if he was comfortable explaining to the jury why he had a bandage on his head, but he said, "No."
"Did you take the ketchup bottle from Chapman University just to mess with Chapman University," she asked in one exchange.
"Absolutely not," Rocco answered.
"You didn't need the bottle of ketchup for yourself?" she asked.
"I never use ketchup," he replied.
"You really have no excuse for taking that ketchup bottle," she said.
"I didn't take that ketchup bottle," Rocco responded. "I recycled it."
The attorneys in the case are scheduled to deliver their closing arguments this afternoon. After that, the question of whether Steve Rocco stole a bottle of ketchup from Chapman University goes to the jury.
Ex-trustee Rocco testifies: Ketchup bottle case based on lies
Former Orange school board member accused of swiping half-full bottle from Chapman University.
His head bandaged but his voice clear, Steve Rocco took the stand in his own defense Tuesday and told jurors that the theft case against him was based on lies and a planted bottle of Heinz 57.
Rocco -- best known for the four years he spent on the Orange school board, railing against a shadowy group he calls The Partnership – faces a single charge of petty theft. Prosecutors say he swiped a bottle of ketchup – approximate value, $1.20 – from the cafeteria at Chapman University.
Rocco said Tuesday that he found the ketchup bottle on the ground and recycled it on one of his many visits to the university. He testified that security guards later produced a ketchup bottle and put it near his bicycle.
When police arrived, he said, “I thought possibly I’d put an empty ketchup bottle in the trash rather than the recycler. I thought maybe I was being accused of that.”
“I didn’t think the ketchup was the big issue,” he added.
The security guard who said she saw Rocco grab the ketchup told a very different story about what happened that day. Josephine Wright said Rocco hurried from a campus building as she followed him, then grabbed the ketchup and pedaled away on his bike, ignoring her orders to stop.
“Do you know about how much ketchup was in the ketchup bottle?” prosecutor Lynda Fernandez asked.
“About three-quarters,” Wright answered.
When it was his turn to take the stand, Rocco repeatedly refuted Wright’s testimony. Asked to explain the differences in their stories, he said: “She’s lying.”
Rocco’s attorney, Erica Gambale, acknowledged that he picked up a bottle of ketchup outside the cafeteria at Chapman University. But she described it as “a ketchup bottle sitting by itself, used, possibly out overnight.”cause nothing of value was taken.”
She advised Rocco – who had initially planned to represent himself -- not to testify. His decision to disregard that advice drew a series of questions from the judge handling the case, Jacki Brown.
“Do you give up your right to remain silent?” she asked. “Yes,” Rocco said.
Brown has told the jurors the trial could last the rest of the week, although the prosecution finished laying out its case on Tuesday. Rocco testified for an hour and was scheduled to return to the stand on Wednesday morning.
He arrived at court on Tuesday dressed in a red-plaid shirt and a slender tie, with a large bandage plastered to his forehead. He declined to comment outside of court, turning his back to avoid a reporter’s questions.
The District Attorney’s Office has said it will likely cost thousands of dollars to prosecute Rocco, who demanded a jury trial. An office spokeswoman has described this as a case of upholding the law and protecting private property.
Rocco could face up to six months in jail if he’s convicted, but the DA’s office has said it will more likely ask for probation and a small fine.
In her instructions to the jurors, Judge Brown said that, to find Rocco guilty, they would have to conclude that he took property owned by someone else, without consent. That property, she said, could be “of any value, no matter how slight.”
Former Orange school board member accused of swiping half-full bottle from Chapman University.
His head bandaged but his voice clear, Steve Rocco took the stand in his own defense Tuesday and told jurors that the theft case against him was based on lies and a planted bottle of Heinz 57.
Rocco -- best known for the four years he spent on the Orange school board, railing against a shadowy group he calls The Partnership – faces a single charge of petty theft. Prosecutors say he swiped a bottle of ketchup – approximate value, $1.20 – from the cafeteria at Chapman University.
Rocco said Tuesday that he found the ketchup bottle on the ground and recycled it on one of his many visits to the university. He testified that security guards later produced a ketchup bottle and put it near his bicycle.
When police arrived, he said, “I thought possibly I’d put an empty ketchup bottle in the trash rather than the recycler. I thought maybe I was being accused of that.”
“I didn’t think the ketchup was the big issue,” he added.
The security guard who said she saw Rocco grab the ketchup told a very different story about what happened that day. Josephine Wright said Rocco hurried from a campus building as she followed him, then grabbed the ketchup and pedaled away on his bike, ignoring her orders to stop.
“Do you know about how much ketchup was in the ketchup bottle?” prosecutor Lynda Fernandez asked.
“About three-quarters,” Wright answered.
When it was his turn to take the stand, Rocco repeatedly refuted Wright’s testimony. Asked to explain the differences in their stories, he said: “She’s lying.”
Rocco’s attorney, Erica Gambale, acknowledged that he picked up a bottle of ketchup outside the cafeteria at Chapman University. But she described it as “a ketchup bottle sitting by itself, used, possibly out overnight.”cause nothing of value was taken.”
She advised Rocco – who had initially planned to represent himself -- not to testify. His decision to disregard that advice drew a series of questions from the judge handling the case, Jacki Brown.
“Do you give up your right to remain silent?” she asked. “Yes,” Rocco said.
Brown has told the jurors the trial could last the rest of the week, although the prosecution finished laying out its case on Tuesday. Rocco testified for an hour and was scheduled to return to the stand on Wednesday morning.
He arrived at court on Tuesday dressed in a red-plaid shirt and a slender tie, with a large bandage plastered to his forehead. He declined to comment outside of court, turning his back to avoid a reporter’s questions.
The District Attorney’s Office has said it will likely cost thousands of dollars to prosecute Rocco, who demanded a jury trial. An office spokeswoman has described this as a case of upholding the law and protecting private property.
Rocco could face up to six months in jail if he’s convicted, but the DA’s office has said it will more likely ask for probation and a small fine.
In her instructions to the jurors, Judge Brown said that, to find Rocco guilty, they would have to conclude that he took property owned by someone else, without consent. That property, she said, could be “of any value, no matter how slight.”