Testimony from Blind Witnesses

stuntguy · #1 10-26-2006, 02:39 PM

Does anyone know in the history of assault cases if there has ever been an instance where it was a 1 on 1 case with the exception of a single completely blind witness who was influential enough to sway the jury?

Thanks...

Clair Bonner · #2 10-26-2006, 03:20 PM

Quoting stuntguy

Does anyone know in the history of assault cases if there has ever been an instance where it was a 1 on 1 case with the exception of a single completely blind witness who was influential enough to sway the jury?

Thanks...

By definition, a "single completely blind" person cannot be a witness to an assault & battery. Simply, he or she didn't "see" anything.

stuntguy · #3 10-26-2006, 03:35 PM

That's exactly what I'm looking for...a case where the "observations" of the completely blind person were enough to sway a jury. Regardless of whether or not the blind person "saw" the crime being committed, they could still be a witness. S/He still has powers of observation (i.e. ability to identify the attacker's voice, screeching of tires, type of vehicle based on engine sounds, able to hear the scuffling and describe order of events based on sounds/voices, able to describe a person based on physical attributes such as their walk, how heavy they are, etc.) Given, they would only be able to testify to the limitations of their ability to observe.

The D.A. in Beverly Hills refused to take on a case where all the witnesses only HEARD what was happening, not actually saw. Since all the witnesses could clearly describe the events step by step and they all know who the guilty party is, one even being an expert on violence itself, I am curious as to see if I can present a case to the DA where the testimony of a person that cannot actually "see" the alleged crime being committed is still permissable and influential enough to sway a jury.

Thanks for the feedback.

cdwjava · #4 10-26-2006, 03:44 PM

I ablind person CAN be a witness to a crime! It depends on the crime and what transpired. If you havea victim that has visible injuries, and the witness heard the suspect telling the victim something like, "How do you like THIS?! And, THIS?!" punctuated by the sound of fists falling, then the witness would be quite helpful.

A blind witness might not be able to describe who struck the first blow in any detail, but they can testify to what they heard and this could confirm or refute the statement of the other parties.

- Carl