- Aug 9, 2016
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Will CD give witness in his own defence? If he does he can expect cross examination of all the incidents related in testimony already and of which he should have knowledge. Those that have been introduced as evidence in chief by the prosecutor relating to statements of the deceased LD he may simply refute they had happened at all. Those introduced as evidence in chief by the prosecutor regarding things said and witnessed relating to CD can then be impeached by further evidence of that witness in rebuttal. What fits that category? Some of the instances of DV do. His conversation with Silkman does. So too evidence of JC he contests as in error.
So the choice of whether to be witness in his own case will be a significant choice for the defence. He can possibly provide evidence in chief about bruises evidence contesting it was ever caused by him. The prosecution couldn't add anything further. So it's possible that propensity link evidence can be permanently destroyed at that point. He would, however, have to contend with the instances of DV that were witnessed and give his account of them. I'm unsure if is beneficial for defence to do so.
I'm hopeful he gives witness but that springs from a desire to hear more evidence per se and specifically his account of much in evidence already.
I'm trying to learn on the fly here about evidence rules about examination, cross examination and impeachment rules so please be patient with me.
We will find out soon enough what the defence do. A lot will turn on whether the defence team feel that the case has or has not been proven by prosecution to this point. Taking account of inferences made by Harrison I'm suspecting he feels it hasn't. So the defence may just rest as is.
Podcast 8 of the teachers trial showed what the defence had hoped to achieve by calling HT as defence witness. They wanted to show that virtually all witness testimony has been contaminated by the podcast history by HT divulging between witnesses evidence that shouldn't be shared and by HT inherent bias in approach. I was somewhat bewildered as to why he was called. Now I understand the methodology and the benefit sought I think it is probably a powerful choice. There is zero doubt that his podcasts and his cross discussion of what should be separate witness testimony has contaminated evidence. It is a salient lesson for criminal podcasters. If they intend to be involved as part of justice then evidence standards must be maintained consistent with court rules and using sound legal knowledge and principles. It's no.longer appropriate for a podcaster to say they are simply telling a story when by doing so they potentially corrupt a whole case.
So the choice of whether to be witness in his own case will be a significant choice for the defence. He can possibly provide evidence in chief about bruises evidence contesting it was ever caused by him. The prosecution couldn't add anything further. So it's possible that propensity link evidence can be permanently destroyed at that point. He would, however, have to contend with the instances of DV that were witnessed and give his account of them. I'm unsure if is beneficial for defence to do so.
I'm hopeful he gives witness but that springs from a desire to hear more evidence per se and specifically his account of much in evidence already.
I'm trying to learn on the fly here about evidence rules about examination, cross examination and impeachment rules so please be patient with me.
We will find out soon enough what the defence do. A lot will turn on whether the defence team feel that the case has or has not been proven by prosecution to this point. Taking account of inferences made by Harrison I'm suspecting he feels it hasn't. So the defence may just rest as is.
Podcast 8 of the teachers trial showed what the defence had hoped to achieve by calling HT as defence witness. They wanted to show that virtually all witness testimony has been contaminated by the podcast history by HT divulging between witnesses evidence that shouldn't be shared and by HT inherent bias in approach. I was somewhat bewildered as to why he was called. Now I understand the methodology and the benefit sought I think it is probably a powerful choice. There is zero doubt that his podcasts and his cross discussion of what should be separate witness testimony has contaminated evidence. It is a salient lesson for criminal podcasters. If they intend to be involved as part of justice then evidence standards must be maintained consistent with court rules and using sound legal knowledge and principles. It's no.longer appropriate for a podcaster to say they are simply telling a story when by doing so they potentially corrupt a whole case.
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