Has anyone ever been hit really hard by a defendant during a demonstration before a jury? Is it my fault for asking the defendant to show how she pushed the victim away? The woman slapped me in the face with both hands and almost knocked me down.
I jokingly told the victim not to hurt me when I got her to show where the defendant's hands were on her neck, but forgot to tell the defendant not to hurt me. This was a class C trial so all we needed to show was physical contact.
OK, think back to the OJ trial if you were a prosecutor back then. Never ask the defendant to perform a task. Not like you are going to get cooperation. If the glove doesn't fit, you must acquit.
On the other hand, I assume you got a conviction. Sometimes you have to suffer the pains of justice.
Actually, it was not guilty because my complaint said by choking. The jury sent out a note and said they believed she was guilty of assault but not choking.
I had a jury return a similar verdict in a Class A assault that occurred on a golf course.
I was puzzled by the outcome until a more experienced prosecutor said afterwards that it was a jury's polite way of saying "Yes, the defendant is guilty, but the victim is unsympathetic, we don't care, and this has been a waste of everyone's time."
I think the eggheads call it "nullification."
Can't help it, but this story begs the question: What were you thinking?
No offense taken....(as to the what was I thinking comment.) It seemed like a good idea at the time. I just wondered if anyone else had ever been assaulted. It hadn't ever happened to me in 28 years, but, trust me, it won't happen again.
Been slimed a few times. Never assaulted.
Gary Wimbish testified in Johnson County in 2003. He produced a certificate from Walden and Platt which stated he had completed the 24 hour SFST Practitioner course. Add the PhD at the end of his name and the defense attorney referring to him as Doctor, and it gave him the appearance of being vastly more qualified than the arresting officer.
The prosecutor brought me in as a rebuttal expert and I explained that since Troy and Lance exclude non defense attorney folks from their classes, we don't know what they teach in their classes.
Wimbish had already testified that he had administered HGN to the defendant in a sober state and he had natural Nystagmus. That sounded good until I administered the HGN test to the defendant in front of the jury. The bailiff told me later that three of the jurors stood up and looked over my shoulder as I administered the HGN test.
Guess what? No natural Nystagmus!!!! After punishment the jurors told us they knew Wimbish was a fraud and they discarded all of his testimony.
During a protective order hearing where dad beat up grown metally retarded man.
Defense attorney asked Victim a 6 foot 4 metally retarded man to step down and show him what his dad did to him.
I Object and tell the Judge "This is a Bad Idea!" The Judge overrules my Bad idea Objection.
The victim falls down as he gets off the stand then violently grabs defense attorney and shoves his whole body on to counsel table and jumps on top of Defense attorney. Laying on top of him. The Defense attorney looks back at me like "HELP ME!" The victim makes a fist and pulls back to hit the defens attorney in the face.
Balliffs rush in and break it up, Judge is pounding her gavel on the bench as quick as she can and yelling "that is enough!" "That's enough!" I told the Judge "See I told you it was a bad idea" Judge says "You were right...you were right."
Defense rested imediatelly, we got our P.O. and has Defense attorney leaves to get his rumpled suit pressed I tell him "David, I have never seen hot man on man action in the courtroom before!" To this day I still bust his chops about that.
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