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How do you get testimony of two victims who have a large and important discrepancy in their statements, thrown out?
Anonymous1 views4 answers
Let me preface this by saying that my husband has a public defender who is not very interested or available so we just need some advice, please. My husband was being followed on foot by a girl and her grandfather in a car. The grandfather, who legally owns a gun, pointed the gun out the window and, scared, my husband took it and when a witness pointed out that the car was coming back around, ran. My husband threw the gun, and tripped and broke his leg He then hid from these people until the cops eventually found him and he told them where the gun was. These two victims deny the grandfather pointing the gun at my husband. The girl says that my husband just took it off her grandfathers lap, while the grandfather says that my husband was choking him so he pulled his gun in self defense.
Stephen C. Cooper
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on Oct 4, 2014
At this moment, there is nothing to throw oout, as they have yet to testify. When they do, the defense attorney better due a terrific job showing the discrepencies or foiling the witnesses. Unless he does, a conviction would appear likely as your husbands story does not sound credible.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
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Theor testimony cannot be thrown out, but your attorney can point out the discrepancies to the jury to make them question their credibility. Good luck.
Eric Edward Rothstein
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on Oct 4, 2014
Written statements are not admissible at trial. The witnesses have to testify. Testimony does not get thrown out simply because the are discrepancies in statements. Your husband's lawyer will have the change to cross examine each witness to show the discrepancies and attack their credibility and reliability and then the jury will decide who is credible, who is not, and whether the DA proved the case beyond a reasonable doubt.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
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Jay Scott Finnecy
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on Oct 4, 2014
Since you are not a lawyer, YOU cannot have anything "thrown out." Discrepancies in testimony are common and don't result in anything being "thrown out." You'll have better success trying to work with the public defender than asking questions on the internet of lawyers who know nothing about the case. Your husband's story leaves much to be desired as well. Good luck...
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
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