The case should have been thrown out.

When it became clear that in no point during their interviews/interrogations did the defense discover that Downey wasn't present when the order was given then the judge should have declared a mistrial due to incompetent counsel.

Okay, so I know that is not how things actually work, but I can't believe that no discussion of the events would have led them to find this out sooner than when Capt. Ross revealed it during cross. None of these lawyers should have been allowed to practice after such a huge oversight.


And what was up with Jo Galloway? The whole time I was watching the movie, I just kept thinking this woman needs to relax. I never noticed how terrible the character was before this last time I watched the movie. But she spends a good deal of time basically telling Kaffee that he isn't cut out for this trial. When he wants to assign new counsel she says that Dawson and Downey need him--because he knows how to win. But how would he know how to win if he'd never argued in a courtroom up to that point? During that discussion, she tells Kaffee he's nothing and tries to bring up his father (which I felt the movie only threw in at random times and served no purpose). That seems a strange way to convince someone to stay on a case especially since she had been trying to get him replaced. And considering her antics throughout the trial, I can actually imagine her feeling the need to convince Kaffee she was a good lawyer. If I were Kaffee I definitely would have gone off on her after Downey's testimony. I think they all should have known he wasn't there, but her especially since she used Downey to get a bigger role in the defense.