« Moment of Truth, Part Two - The First Lie? | Main | HOT SEAT »

LAYING TRAPS FOR THE DEFENDANT

As Published On
The Out-Lawyer’s Blog: http://www.jaygaskill.com/blog1
And
The Policy Think Site: http://www.jaygaskill.com
All contents, unless otherwise indicated are
Copyright © 2005, 2006, 2007 and 2008 by Jay B. Gaskill
Permission to publish, distribute or print all or part of this article (except for personal use) is needed. [Permission for use in group discussions is almost always routinely given.]
Please contact Jay B. Gaskill, attorney at law, via e mail at law@jaygaskill.com

 

Wednesday --- Midday

LAYING TRAPS FOR THE DEFENDANT

 

The DA spent the time from 3:45 till closing yesterday afternoon going over various email exchanges between Hans and Nina, asking Hans to acknowledge each one in turn.  This is a trap.  The DA needs to lay the foundation for the admission of a very damaging exchange, one that the judge excluded in February.  Here is what I wrote back then:

[][][]

A hugely interesting exchange out of the jury’s hearing.  This email from Nina to Hans will not be read to the jury:
 
“I will not continue mediation if you keep threatening me. When you give me a hard stare and … that you are very good at combat, your request that I drop domestic-violence charges against you, it very much sounds like another threat. I warn you that if you are going to communicate with me in this manner, I will have to end mediation and report it to the police. …”

[][][]

If the DA ever gets this email into evidence, the tide will have turned.  Watch closely…

Today, Hora has changed topic, returning to Hans’ car washing and the circumstances of the disposal of the car seat.  He has turned up the heat by pointedly asking about the San Leandro location where Hans says he dumped the seat. 'So if I send my investigator there to find this place, how would I find it?'  The question was designed to back the witness into a corner, especially if there is no such location.

More this evening…

TrackBack

TrackBack URL for this entry:
http://jaygaskill.com/blog-mt2/mt-tb.fcgi/179


Hosting by Yahoo!

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)