Comments on: Case Oddity

By: Soronel Haetir

Soronel Haetir — Mon, 12 Oct 2009 03:38:46 +0000

Respectfully removing it after the witness is done seems like the best answer so far. Possibly the questions about how accurate it is in representing the scene as well, if you can manage that right you may in fact shred whatever credibility the outline possesses.

By: Chris Coyle

Chris Coyle — Sat, 10 Oct 2009 11:59:16 +0000

Was an actual chalk outline made at the scene around the victim’s body? Not commonly done here in Pa. If not, you can have a lot of fun on cross and in close.

“Do you have any photos officer of the original chalk outline around the decedent’s body?”

“Did you even make such an outline”

“Does this blue one on the courtroom floor accurately represent the body’s position when you found it?”

By: David Wyborny

David Wyborny — Fri, 09 Oct 2009 22:14:42 +0000

This discussion of true but not factual theater; remindsme of Joseph Campbell and “true” myth-this blawg may be the genesis of a Sunday School discussion-thanks for being thought provoking once again.

By: Andrew Tinka

Andrew Tinka — Fri, 09 Oct 2009 17:50:46 +0000

Yes, I think you are right about how theatre doesn’t need to be accurate to be true. Let me adjust my comment:

My guess is that the prosecutors in this case would not call their tape outline “theatre”; rather they would say that they were “reminding the jury what happened”, or some other appeal to truth or reality.

My argument was that, since chalk outlines don’t happen in reality, using them in an appeal to actual events is flawed.

By: Chris Small

Chris Small — Fri, 09 Oct 2009 17:05:46 +0000

Isn’t another avenue to, when the prosecutor is done with the witness, to ask the witness (presumably the cop) if they need the outline for testimony any more, and if they don’t, ask if he minds if you take the tape off the floor. It’s just a demonstrative exhibit so it doesn’t go back with the jury. That way you aren’t disrespectful and the problem is gone.

And the prosecutor should have no objection because any further use is cumulative (and then maybe prejudicial).

By: Steve Foster

Steve Foster — Fri, 09 Oct 2009 16:58:21 +0000

Todd,

Judges here have a lot of discretion. And, it has to be unfair prejudice. Regular-ol’ garden variety prejudice is what every trial advocate I know is striving for.

By: Joel Rosenberg

Joel Rosenberg — Fri, 09 Oct 2009 15:26:04 +0000

Well, that is, of course, the obvious counter-counter-gambit* — that the taped outline in the floor isn’t a cartoon, but is an icon that represents a real person, and that disrespect for the cartoon/icon/outline would be disrespectful toward the person.

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* With the taped outline being the initial gambit, and treating the taped outline as though it’s a cartoon being the counter-gambit.

By: Larry Standley

Larry Standley — Fri, 09 Oct 2009 01:45:19 +0000

For the prosecution: Very imaginative – outside the box! V ery effective I would imagine. Catch the other side off guard. In any case I agree very clever.

For the Defense: Ask that this be done on a large fiber board that can be moved around for demonstrative ease. Obviously relevant, but “could” be a distraction once one side rests, or another witness is on the stand. Since both sides get to use the “stage” of the courtroom – once the State rest, the defense should be entitled to begin their case with ‘Act I”’s furniture taken away.

With absolutely no disrespect to the victim/complainant in the case at hand, just wondering how newly hired prosecutors prosecutors in County Criminal Court could use this technique. Possibly show weaving lines from the hallway leading into the courtroom? Maybe an outline of where people stood during FST’s? – just a thought.

By: Todd Barbee

Todd Barbee — Fri, 09 Oct 2009 01:24:56 +0000

I’m just a 2L, but wouldn’t any probative value of the blue man on the floor be substantially outweighed by the danger of unfair prejudice? I’m sure the defense made that argument, but it would seem like the judge abused his discretion and could be considered reversible error on appeal. Then again, maybe not since it’s Texas. Do they even still allow appeals down there?

Granted, I obviously don’t have all the facts, but it seems like it has some Old Chief implications.

By: Mark Bennett

Mark Bennett — Fri, 09 Oct 2009 00:35:20 +0000

That explains why I’ve never seen a chalk outline in a murder case. I though maybe it was an east-coast thing that we never saw here.

But I’m not sure what you mean by accurate theatre. Theatre can be entertaining and educational, and even true, when it’s not factual.