Defending People

the art and science of criminal defense trial lawyering

A Much Better Day

[Edited 11/7/2007 to ensure compliance with TDRPC 3.07. Discretion is the better part of valor.]

Three of the State’s civilian witnesses testified today. They didn’t do us much harm — they actually disproved a chunk of the prosecutor’s opening statement, and proved a good chunk of our opening for us.

One witness testified on direct that she saw a guy with a handgun, and then testified on cross that she didn’t really see that guy with a gun. She also testified on cross first that the car stopped after making a u-turn, and then that it didnt stop, but just slowed way down.

Tomorrow, more cross — probably some cops, crime scene officers, and so forth.

The fat lady probably will not have sung until three of my client’s guests that night (the three who were awake and are available for trial) are done on the stand. Until their testimony, I expect fairly smooth sailing.


About The Author

Mark Bennett
Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

4 Responses to “A Much Better Day”

  1. Robert Guest says:

    Mark,

    I never feel comfortable blogging about a trial while it happens. Have you researched the issue? Is there any potential negative implications?

  2. Mark Bennett says:

    Robert,

    I hadn’t given the issue much thought. I’m inclined to think that posts like this one will not “have a substantial likelihood of materially prejudicing an adjudicative proceeding,” which is the initial test under TDRPC 3.07. I will look a little deeper into this before blogging more.

    Mark.

  3. shg says:

    Hey. Break a leg there, bud.

  4. Anonymous says:

    Mark,

    The prosecutor is reading your blog too I’m sure, I don’t think it’s wise to blog on the trial, during the trial.

    You can write the posts but publish it only when the case is over.

    I wish you luck on it.

Leave a Reply

By submitting a comment here you give me permission to use your words in any way I like, including editing them for clarity, brevity, or content, as well as rearranging the words or the letters within them to change their very meaning. Those who engage in anonymous ad hominem attacks are the car-keyers of the internet, and will not be tolerated. If you engage in such attacks, I may edit the post to show your name or to make it appear that you are attacking yourself. Or both. I don't have to let you comment here. Don't do so for blatant marketing purposes; do so only to add to the discussion. Once you click "submit comment" you have given up all interest in your words to me, and have no further interest in your words. You agree never to sue, grieve, or complain to anyone about the use that I make of the letters you have typed. If you even threaten to do so, you agree that you will be held up to eternal public ridicule.