The day started early with opening statements at 8:15 a.m. Judge McGinnis said the court schedule would be dictated by what the jurors want.
Before court started, Mary Lou Robinson told the judge she was glad that Tiffany Pohl was not in the courtroom because she felt Tiffany’s breathing apparatus was a distraction. Judge McGinnis became irritated and said Tiffany had every right to attend the proceedings and would be allowed in the courtroom.
The State is represented by Andrew Maier. Maier gave the shortest opening statement I’ve ever seen. It lasted five minutes! His focus: Tiffany Pohl may never walk again because Randall Ashauer was driving drunk and hit her on April 1, 2007.
Up next, Mary Lou Robinson with second shortest opening statement I’ve ever seen! Robinson’s lasted about 10 minutes. She told the jurors that she would prove that Tiffany Pohl and Kayla Lamers were walking in the road on Delanglade St. (highway 55) that night and that any one of them would have hit the girls. The defense she’s using is called an affirmative defense. She must prove her theory but her burden of proof is not as great as the State’s. Robinson said that she will produce eyewitness and expert testimony to prove her theory.
