February 29, 2008, 23:04
Martha W. WarnerDefense attorney has my evidence
Defense attorney has evidence I need for my trial. Need to know how to get it without interferring with his representation of his client. Can I get s subpoena duces tecum ordered by the court on my motion so I am protected?
Yes, subpoena is the right way to go.
We had an instance of this occur during a jury trial. Defendant was charged with injury to a child. He had struck the child out of frustration.
During cross-examination of his wife, we learned that she had seen him physically alter a plaque on the wall that had a poem about children. For a line that said, "When they cry...", he had written in ink after that "kill them." When we asked her where it was, she pointed to the defense lawyer.
We took a break, got the plaque, came back, and offered it into evidence. Trial over.