The Witch Gambit Didn’t Work (This Time)
The New Hampshire Union Leader reports on an animal cruelty case where the defense wanted to introduce evidence that the main witness (and owner of the cat allegedly killed by the defendant) lacked credibility because she was a Witch.
Vanilla-Clove Moonstone wept on the witness stand yesterday as she described seeing her former neighbor whip her cat, Buddha, to the brink of death with a white cord in summer 2007 … Before the trial began in Sullivan County Superior Court yesterday, Judge John Arnold ruled the defense could not introduce evidence that Moonstone practices witchcraft because her beliefs are irrelevant to her credibility as a witness. “Your honor, I think there’s a vast difference between Christianity and witchcraft,” Hulser argued before the ruling. “This goes to credibility.”
There may indeed be “vast” differences between Christianity and Witchcraft, but the judge wisely saw that allowing a witness to be undermined because of her faith isn’t justice. The “she’s a Witch” tactic is usually used in divorce cases, and its unusual to see such a slimy and dishonorable maneuver used in a animal abuse case. Of course, being prevented from calling the witness a witch didn’t stop the defense from calling her a liar anyway.
The defense contends the cat was hit by a car and placed on Robie’s porch, and Moonstone’s accusation is the product of bad blood between neighbors. “Ms. Moonstone, I don’t mean to be insensitive,” public defender Michael Hulser said on cross-examination, “but your cat got run over, didn’t it?” “No, it did not,” Moonstone said. “Shame on you! Mr. Robie didn’t beat your cat, did he?” “I watched him do it,” she said.
Shame on you? What is she, twelve? Is this really how lawyers talk? As for the “Witch Gambit”, while I’d like to think it isn’t as effective as it used to be, some of the comments on the article seem to prove me wrong.
Garlic -Clove Moonshot? Seven cats? Ahem, ah not quite sure what happened but I think we can move on without too much concen … With a name like Vanilla-CLove Moonstone she kind of loses credibility right off for me. Sorry….but it is what it is.
So long as you get enough people on the jury who think non-Christians are weirdos who are not to be trusted, you’ll continue to get unscrupulous lawyers trying to undermine their testimony (and tragedies that arise as people exploit those biases). Let’s be glad that it didn’t happen this time around.
ADDENDUM: Jury: Man guilty of whipping, killing cat.
After an hour and 20 minutes of deliberation, a Sullivan County Superior Court jury convicted a Claremont man yesterday of whipping his neighbor’s cat to death with a cord in July 2007. Robie, 41, cried at the defense table and then embraced his wife and children after the jury foreperson announced the verdict. He faces a maximum penalty of seven years in state prison and a fine of up to $4,000 for the felony animal cruelty conviction. A sentencing hearing will be held within 60 days.
Interestingly, a juror said they discounted Moonstone’s testimony due to inconsistencies. So even if she had been branded a Witch, it seems that it wouldn’t have affected the outcome.

