A Convenient . . . um . . . Truth???
First, the prosecution took advantage of the overnight recess to reform his witness’ testimony from yesterday regarding the exhibit that was not allowed into evidence because Mitterholzer could not recall where it came from or how he got it (in legalese, we say it lacked foundation).
Well, wouldn’tya know that a good night’s sleep and review of certain undisclosed files (which should have been included in connection with the testimony, but weren’t) would “refresh his recollection” and now he remembers exactly where the exhibit came from, precisely how he got it, and where it went from there! How convenient. The exhibit was allowed in after all.
*I* Didn’t See That Report
Next, Mitterholzer was cross-examined by Alvin’s attorney, Nathan Hansen, who began by following up on Mitterholzer’s insinuations regarding illnesses associated with products distributed by Alvin Schlangan. Hansen pointedly asked Mitterholzer whether he investigated the other places visited by the individual who had gotten sick: McDonalds and Spaghetti Factory. Mitterholzer stated, “No. I didn’t see that report” (i.e., the report of illness from the MN Dept. of Health listing those places).
Even though this response wasn’t all that helpful, Hansen’s line of questioning undoubtedly left the jury wondering about the source of the illness, which would form the foundation for reasonable doubt – IF illness were a real issue in this case, that is.
NO ONE GOT SICK FROM ALVIN’S PRODUCTS. Sorry to yell, but I had to be sure it was heard.
Despite much discussion of various food-borne illnesses yesterday, it needs to be borne in mind that there has been no allegation in this case that the products distributed by Alvin Schlangen have led to any illness.