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I have a case where I anticipate that the following extraneous conduct issues will arise.

1. One of the defendant's statements to law enforcement was that he could not have gone to his mother's house to get the 3 year old victim because he is a registered sex offender and not allowed to go to her home. (The defendant's mother was babysitting the victim and 2 other children)Do I have to delete this explanation from his statement before I offer it into evidence?

2. When law enforcement asked the victim's mother/defendant's girlfriend about the events that day, she vouched for the defendant's story. Later, she gave a version that incriminated the defendant and it is corroborated by other evidence. There is evidence that she was also abused by the defendant and she says that she originally backed the defendant's account because she was afraid of him. Can I offer this into evidence to explain her inconsistent statements?

If anyone can point me to some case law that is on point, I would appreciate it.
 
Posts: 15 | Location: lufkin, texas usa | Registered: April 02, 2004Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    extraneous conduct issues

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