Central to the unfolding of Dan White's trial in Emily Mann's docudrama Execution of Justice is the so-called "Twinkie Defense". Before addressing the veracity of the claim that twinkies or other junk foods could even result in diminished capacity, it is worthwhile calling into question if the claim that twinkies, or even junk food, were a significant portion of the defense's argument-- or the Jury's consideration.
In actuality, chief defense attorney Douglas Schmidt recalls "HoHos and Ding Dongs," but no Twinkies, and the majority of the defense rested on diminished capacity as a result of bouts of depressive symptoms amounting the a mental disorder, not Dan White's diet. Likewise, jury members noted after the fact that they did not consider the junk food consumption while making their decision, but rather that the prosecution had failed to successfully make the case for murder in the first degree beyond a reasonable doubt.
For 7 February
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