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Right off the bat, Puccio set the tone for how he was going to
cross-examine the 63-year-old maid: “It's a fact, isn't it, that in
the past, you've lied under oath to protect Mrs. von Bülow?” he
asked, referring to Maria’s varied responses to questions about
Sunny’s thoughts on divorce.
Maria admitted that she had given different answers, but said it
was out of loyalty to her mistress.
Why didn't she tell Kuh during their first interview that she had
seen insulin or a hypodermic needle in the black bag around
Thanksgiving of 1980?
"Insulin was not significant to me, not in Mrs. von Bülow’s
case, because she was not a diabetic," the maid replied.
After Maria, Alexander von Auersperg took the stand.
This time, armed with Kuh’s notes, Puccio was able to paint
Alexander in a different light. On Jan. 27, 1981, barely a month after
Sunny lapsed into her second, irreversible coma, Ala and Alexander met
with their maternal grandparents and Kuh and discussed "the
desire on the part of some of the people present to pay [Claus] some
money to have him renounce any interest in" Sunny’s estate,
according to Kuh’s record of the meeting.
That discussion took place after Alexander and Eddie found the
black bag. By getting Alexander to admit the family had talked about
paying off von Bülow, it made him look greedy to the jury.
And so it went for 24 days of testimony. Every time the prosecution
put forward a witness to testify that insulin put Sunny in the coma,
or that Claus injected her, the defense was right there to
cross-examine the experts aggressively and relentlessly. This go
around, the defense matched the prosecution punch for punch and
didn’t let anything go without a fight.
The many medical experts who all had testified that exogenous
insulin was likely the cause of Sunny’s coma were prevented by
defense objections from voicing their opinions, or were forced to
water down their comments.
Dr. George F. Cahill, for example, testified unequivocally in the
first trial that, based on “a reasonable degree of medical
certainty," Sunny’s two comas were caused by injections of
insulin. This time however, Puccio got Cahill to admit that there was
a 10 percent chance that the second, irreversible coma that Sunny
suffered might have been caused by something other than insulin.
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Judge Corrine Grande |
Judge Corrine Grande, on the last day of the prosecution’s case,
issued the coup de grace when she excluded without comment the
testimony of Sunny’s banker, Morris Gurley. Gone was the money
motive, because, in the words of John Sheehan, “the prejudicial
effect it might have on the jurors far outweighed any probative value
it might have.”
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