Wednesday, November 29, 2023 6:34:20 PM
A few possibilities here.... Defence has been running the clock down on the prosecution motions, and may have snookered themselves as a result. Prosections responses have been swift and comprehensive. Defence has been tenuous.
The shape of the defence is 'he acted in good faith because he was genuinely trying to do what he said', while confusing the jury into thinking his half baked idea could work.
Its not much of a defence.
His 'approach' was 'made up'.
And it was made up badly.
Anyone with half a brain making a legitimate attempt to develop a Covid test would have taken a different route. Like all those companies that managed to actually do so did.
This was always a revenue raising scam. Plain and simple. Nothing more.
Confusing the issue won't help Berman. It seems he has confused his own defence counsel into finding an expert witness who was going to say that Berman's kit (if it existed, which it didn't) had elements of plausibility... in words of 1 syllable (which they would have up played) but ultimately would never have worked, but ... explained the last bit using words of 4 syllables.
The prosecution argues this was a distracting irrelevance. (Like a Berman PR) The judge seems to have arrived at the same opinion.
I expect a plea entry soon. That would be logic. (But this is Berman!...so)
There is no defence left after the Judge allowed this pretrail motion in limine.
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