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Conflict of interest??Victim now the defendant

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/513105523

May 21, 2005, 18:12
Martha W. Warner
Conflict of interest??Victim now the defendant
Anyone have any problems with me prosecuting a 19 year old that was the victim in a sexual assault case that I tried when she was 13? She has a pending injury to a child case.Can't imagine that ther would be any evidence of consequence...maybe the Defense atty might claim she beat her baby because she was sexually assaluted... dont' think it will fly.
May 21, 2005, 19:55
JB
As the lawyer for the State, you had no lawyer/client relationship with the victim in the prior case. So, any information you may have learned about the child who became a defendant is not protected.

It is possible, however, that you gathered personal information directly from the child in the course of interviewing her that you might now use againt her should she testify. To the extent that is true, what if you need to impeach her with that information? Could you place yourself in the position of becoming a witness in the trial?

Are there any circumstances under which you might compromise the jury's view of the case? For example, could the defense complicate the case by pointing out your prior recognition of the defendant as a victim?

There aren't necessarily ethicial issues. Some may just be strategic.

In an office that is large enough to make the move, I might reassign the case to a prosecutor who had not handled the prior case. Just out of an abundance of caution.
May 23, 2005, 09:18
Martha W. Warner
I'll pass it to my first and only assistant!