Trial next week. I have my victim under subpoena, although she won't return any of my calls. Still lives with the guy. My fear is that she will show up at trial and either testify that she doesn't remember anything or the jury will blame her b/c of the intoxication. And I think - based on my convos w/defense counsel - that he is going to say that she was so drunk she fell and caused the injuries herself.
Has anyone dealt with a similar case? Any advice on examination of her or voir dire on the intoxication issue?
The main question that comes to mind with regard to your case is the evidence you have of the assault. If you've got statements made by the victim and/or defendant that night which contradict the testimony you fear you will get from the victim, that's impeachment evidence you can use if she does get on the stand and change her story.
I hope you have more evidence than just an alleged victim's changing testimony who was admittedly intoxicated when she made her original report if you want to prove your case beyond a reasonable doubt.
