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And, of course, the judge agreed.

I went on the stand first thing after court convened. The prosecutor stipulated to my credentials and expertise, a professional move by any advocate against an adverse expert witness because it limits how much of his qualifications and background the jury will hear in the opening moments of testimony.

Defense attorney Grant asked the right questions, and I laid out those “rules of engagement,” which will follow shortly in this chapter. We explained the “furtive movement” element: that when someone such as the young Iranian immigrant made a move consistent with going for a gun, and not reasonably consistent with anything else under the circumstances, it would reasonable and prudent of someone such as the defendant to immediately draw his own gun and take him proactively at gunpoint.

One by one, we cut down the shibboleths that had built up around the defendant’s choice of gun and ammunition during the prosecution’s case. The 45-caliber pistol was quite common in America, very popular in law enforcement, in fact approved for the Denver Police Department and carried by a great many of its officers. The type of gun the defendant had employed was adopted by the United States Military in 1911, had been standard with our armed forces until the mid-1980s, and was still used by our military among pistol teams, the Army’s Delta Force, and the Marine Corps’ Recon unit, which in fact had recently purchased a quantity of Kimbers functionally identical to the Kimber 45 in evidence.

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