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Admitting co-conspirators' confessions in joint trial?

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July 25, 2006, 18:28
Jeremy Warren
Admitting co-conspirators' confessions in joint trial?
I have 4 defendants all charged with Conspiracy to Commit Capital Murder. All 4 gave video confessions (all perfectly admissible) to planning and even visiting the convenient store where one of them worked, take out the surveillance cameras, kill the clerk and stock-boy, then take the $200 in the cash register!!?? That's why they are criminals. But anyway, I want to consolidate or join all 4 for the same jury trial (judicial economy you know - plus it would be easier for the State). Do you think I can play each defendant's video confession? Or is there a Confrontation Clause / Crawford issue here?
July 25, 2006, 20:33
BLeonard
I don't know your facts & etc. but if you have very strong cases against each, you should give some thought to trying them seperately. Funny things can happen in an unweildy multi-defendant trial. Juries may perceive one or more of the d's as a patsy or gullible follower; they may minutely compare the relative levels of participation of the parties or engage in any number of other bizarre comparisons and drag down the punishment on one or more when all richly deserve big numbers. Just a thought. Also-the limiting instructions which will necessarily accompany each statement may confuse the jury or worse reverse the case if not absolutely correct.
July 25, 2006, 22:48
GG
The only thing I would add to Ben's post is that his unsolicited advice is very good. There are huge logistical, tactical and legal issues involved in such a large trial.

Go for the worst one of the bunch and see what you get. The others may decide to get reasonable in their plea agreements. Or not.
July 26, 2006, 08:19
Ken Sparks
I think it may be possible if the confessions are in harmony as to the role each one played in the crime. However, if A's confession claims it was B's idea and B does not admit to that in his confession, then you have a problem. In that case you need separate trials. Do any of them have an admissible criminal history which would require a severance?
July 26, 2006, 09:12
Jeremy Warren
Only one of them has any criminal history at all. He has 2 juvenile adjudications for POM and was on deferred probation for State Jail Felony POM at the time of the conspiracy.