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this post was submitted on 06 Feb 2024
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The defense opened the door by going down a line of questioning which would permit the prosecution to cross based on texts which were previously ruled off limits. She was given a chance to move on to a different line of questioning, but she (defense attorney) insisted on continuing with that line of questioning, with full knowledge that all of the texts would then be admitted, just so she could make her point about the witness potentially being intimidated by the police.
She was trying to say that the witness was threatened with loosing his job, in reality the witness was intimidated about his wife finding out he was having an affair with the defendant.
After the dramatic exchange between defense and prosecution where the prosecution insisted that the judge force the defense to clearly state that thy are ok with the full text exchange being admitted, she agreed, saying “I have no problem with all of the texts being admitted, I have no problem with opening the door”
Her next question to the witness was “did you feel that the police were intimidating you by telling you that you might loose your job”… he responded “no.” So there was no payoff for the defense on that line of questioning. Then the prosecution asked during cross “were you worried about your wife finding out that you were having an affair with the defendant” and he replied “yes”.
Classic case of don’t ask a question that you don’t already know the answer to.
I didn’t read the article, I watched every moment of the trial.