In a murder prosecution, Defendant gave a video taped confession. In the video the police question him in English but he replies in Spanish. I want this video to be introduced into evidence, but according to TRE 1009 i must give the defense a copy of the translation 45 days prior to trial. I have not done so, is there any way around this? Any help will be appreciated.
A motion for a continuance?
Any good argument to go under 1009 (f)? Is he really going to argue that he was unnecessarily surprised by his own words?
Do you have a translation? You just said you want the video introduced, not a translation of it. If your defendant only speaks Spanish, then presumably you will need a Spanish interpreter for the trial. Have the intrepreter interpret the Spanish on the tape just like he/she would do for testimony.
How about having a live translator to translate during trial?
Motion for continuance and plead honest mistake and accept responsibility for not providing the transcript in a timely fashion.
thanks for all your comments.
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