I have an assault BI FV case in which the victim says in her statement "I don't want to press charges, he's told me if I do he will make me disappear. And he knows people who can do it." If we can't find her, we are wanting to have a hearing arguing that the defendant gave up his right to confront her when he threatened her against pressing charges/testifying. Has anyone done anything like this? Any suggestions? Thanks!
Forfeiture by Wrongdoing. There is a thread on this site about it.
What proof do you have that the guy threatened her, other than the victim's own self-serving statement?
Would it help if we found her dead body?
In a forft. hearing hearsay is admissible--so whoever she said that statement to can testify to it; also the standard is much lower... not beyond a reasonable doubt.
I agree with Mark, forfeiture by wrong doing, but I would consider upping the ante and charge witness tampering and/or retaliation.
I guess some people don't understand that jurors assess the credibility of the witnesses and decide whether there is enough proof.
I am often amused by people who think that everything today is videotaped, or, if not, it can't be proven.
While I am grateful for Big Brother watching, I am not about to install video equipent in my home so that, when confronted by a burglar, I can "prove" that the POS in the chair across from me in court is the guy who ran out of my house.
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