Grades are here for Winkler trial

The Mary Winkler verdict is in and anyone who has read one of my previous columns probably knows I don?t like it. She deserves some real prison time if you ask me, not a laughable sentence.

And oh, by the way, this is an opportune time to say I really love my wife.

So how did Winkler escape a murder conviction after giving police two confessions and being found with the murder weapon in her possession? Here?s a breakdown:

Jury selection: Before opening arguments began, this was a huge victory for the defense. Getting what ultimately resulted in a 10-woman, two-man jury for a female defendant was a distinct advantage for Winkler.

I?ve heard some ladies say this is an insulting statement, that it suggests women can?t listen to the facts and make a fair decision. My reply: There?s a reason women stay glued to the Lifetime Network ? for stories exactly like this one.

Every Lifetime movie has the same plot. There?s a happy family. Then there?s a glimpse of the man?s evil side. That evil side grows until the man terrorizes the wife. The wife kills him.

Hmmm. Does that story sound familiar?

Defense: Defense attorneys did a spectacular job of tossing out every off-the-wall theory imaginable, then hoping jurors latched on to at least one of them. Based on the verdict, that strategy worked.

If you?ve ever had a controlling boyfriend or husband, you can relate to Mary. If you?ve ever been a victim of domestic abuse, join the Mary Winkler club.

But wait, there?s more. In the Mary Winkler school of distress, she?s been sexually abused, threatened at gunpoint, and she painfully watched as her husband nearly smothered her 1-year-old daughter. For all the mothers of the world, and mothers on the jury, Mary could be viewed as simply protecting her young ? one of our most basic instincts.

Of course not one of those claims was substantiated by evidence or facts, but that didn?t matter. All that was necessary was for one or two jurors to buy into any of those suggestions and, presto, reduced sentence.

Prosecution: The prosecution was largely beaten by the defense, although Assistant District Attorney Walt Freeland mounted a late-trial rally. Freeland did a nice job of showing how Mary had convinced so many people she had a happy life and happy family. If she could convince so many friends of this falsehood, she could certainly trick a jury into thinking she was abused, Freeland argued.

While that was an insightful observation, I think Freeland went even further to casting doubt on Winkler?s wild stories in his closing arguments.

Mary claimed she saw Matthew putting his hands over their 1-year-old?s nose and mouth to quiet the child during a middle-of-the-night outburst. This was reportedly the straw that broke the camel?s back. Mary says she shot her husband while he slept a short time later.

But here?s where Freeland broke down the story. He said Matthew?s body was found with over 1,000 milliliters of urine in his bladder. About 500 milliliters is enough to make a normal person really need to pee, he said.

So why would Matthew lay back down in bed with a bathroom about five steps away? It makes me wonder if Matthew ever got out of bed in the first place, which would mean he didn?t put his hands over the child?s face.

Winkler?s testimony: It?s obvious Mary was well coached. She looked down, struggled to make eye contact, and gave the appearance of a woman who had been beaten to submission. Give her an Oscar.

Her act went a little thick, however, when on cross examination Freeland asked her about a shotgun shell. ?What?s a shell?? Winkler asked. That?s a bit much.

Final score: Wild allegations were enough to greatly reduce Winkler?s sentence. I believe she?ll be out by next Christmas. I wonder if I?ll get a card.