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Old 03-31-2014, 10:35 AM   #126
Hercules Rockefeller
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Doesn't really matter though. If she chooses to not cooperate with the prosecution and the defense puts her on the stand and she says it was a misunderstanding, etc. etc. it will be a tough sell for any jury to convict (if it even gets that far).

I see plea bargain all over this.....
Yes, because claiming it was a misunderstanding is really corroborated with the video of her getting drug out of an elevator unconscious. It will also depend on what she told the police that night, if she gave a statement. If she tries to change her account, they'll impeach her with her prior statements.
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Old 03-31-2014, 10:43 AM   #127
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New law in these United States as of about 2007 ... in DV situations, prosecutors can now use the 'excited utterance' exception to the hearsay rule to permit cops to testify to what the vic said at the scene when vic is unavailable (hiding/recanting after reconciling) to testify ... all without violating defendants rights to confront and cross. For some of you, that's important information. You know who you are
Quoting myself to clarify: Not law in ALL these United States yet ... I was thinking it was a SCOTUS ruling, but actually it was a Washington State Supreme Court ruling. Since then, it says about 30 state legislatures have or are in the process of codifying the same exception.

If Maryland or whatever state they were in that night does not have this, it'll be like Herc says, she'll try to evade it, explain it away: "(Flashing enormous rock on left hand) I was so tired that night! I took two Ambien! He didn't hit me, he reached out to brace my fall, I was SO TIRED I was falling down!"
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Old 03-31-2014, 10:49 AM   #128
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Yes, because claiming it was a misunderstanding is really corroborated with the video of her getting drug out of an elevator unconscious. It will also depend on what she told the police that night, if she gave a statement. If she tries to change her account, they'll impeach her with her prior statements.
I'm just saying- it's a very tough sell to the jury if you have the "victim" on the stand pleading for no punishment or prosecution. It raises other ethical and privacy issues regardless of the evidence. It's one of the reasons these types of cases plea or get outright dropped.
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Old 03-31-2014, 11:01 AM   #129
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Wait ... they're alleging he knocked her unconscious, dragged her out of the room and left her on the hallway floor out cold? Well, it's obvious why the team is sticking by him ... she's still alive after all.

Just read where he married that b-b-eautiful fiance of his three days ago. He didn't have to do that ... sounds like the prosecutor's satisfied he has what he needs even without her testimony though.



New law in these United States as of about 2007 ... in DV situations, prosecutors can now use the 'excited utterance' exception to the hearsay rule to permit cops to testify to what the vic said at the scene when vic is unavailable (hiding/recanting after reconciling) to testify ... all without violating defendants rights to confront and cross. For some of you, that's important information. You know who you are
Only if it's non-testimonial. That covers very few DV cases.
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Old 03-31-2014, 11:05 AM   #130
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I'm just saying- it's a very tough sell to the jury if you have the "victim" on the stand pleading for no punishment or prosecution. It raises other ethical and privacy issues regardless of the evidence. It's one of the reasons these types of cases plea or get outright dropped.
It's not tough at all if there is video. The prosecution would likely call a domestic violence expert to explain how and why around 95% of victims recant. A victim trying to explain away an obvious assault plays right into the narrative of a long-term, abusive relationship.
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Old 03-31-2014, 12:09 PM   #131
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New law in these United States as of about 2007 ... in DV situations, prosecutors can now use the 'excited utterance' exception to the hearsay rule to permit cops to testify to what the vic said at the scene when vic is unavailable (hiding/recanting after reconciling) to testify ... all without violating defendants rights to confront and cross. For some of you, that's important information. You know who you are
That's what they did before Crawford. No victim, get a cop to lay the foundation for an excited utterance and then just have them repeat what the victim told them. Like 400HZ said, they can only do that for non-testimonial statements now.
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Old 03-31-2014, 12:11 PM   #132
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I'm just saying- it's a very tough sell to the jury if you have the "victim" on the stand pleading for no punishment or prosecution. It raises other ethical and privacy issues regardless of the evidence. It's one of the reasons these types of cases plea or get outright dropped.
It's not at tough sell if you've got a good DA, and a lot of times they can be easier than a cooperative victim.
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