Subpoena Issued to Victim of Home Invasion

MICHIGAN

Sorry if this is a little long winded.

My wife and I are the victims of a Home Invasion that occured about three weeks ago and I was just served a subpoena this morning to appear in court in a couple of weeks. Since my wife wasn't home, the officer only served me and asked that I have my wife stop by and pick her subpoena up when she got home. I'm more than a little concerned about the whole thing for a couple of reasons.

1. The defendant is a girl I had an affair with. My wife knows some of the details but I didn't tell her everything, in an effort to minimize the damage to my marriage. I'm worried that these details may come out.

2. I was arrested for DV against the defendant last summer, received a delay of sentence and have fulfilled all of the conditions of my probation... just waiting for the time to pass now. Anyway, I wasn't 100% honest with my wife as to the details of the DV. Again, in an attempt to minimize the initial damage. When talking to the police on the date of the Home Invasion, my wife told the officer the details of my DV case as she knew them (ie. the version I gave her). When I read the police report I noticed that the inaccuracies about the DV were in it. Since I'm sure the defendant read the police report and knows about the inaccuracies, can that have any bearing on things, since it's a seperate incident? I'm also concerned that this will come out if we have to appear in court? Is that likely?

What role can my wife and I expect to play in this case and what should we expect on the day that we're ordered to appear? We've told everyone that we've spoken to (police, victim's rights people, etc) that we just want this to be behind us and to move on, which is difficult enough without having to deal with the anxiety of not knowing what's going to happen next.

Any help is tremendously appreciated. When I say help, I'm looking for any constructive advice or insight that may help us to understand this whole process a little better. As such, I'd appreciate it if CyJeff NOT respond to this post, since I find his comments generally condescending and unhelpful. This is a difficult enough time without the sarcastic comments.

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Quoting CJS_Skeptic

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MICHIGAN

Sorry if this is a little long winded.

My wife and I are the victims of a Home Invasion that occured about three weeks ago and I was just served a subpoena this morning to appear in court in a couple of weeks. Since my wife wasn't home, the officer only served me and asked that I have my wife stop by and pick her subpoena up when she got home. I'm more than a little concerned about the whole thing for a couple of reasons.

1. The defendant is a girl I had an affair with. My wife knows some of the details but I didn't tell her everything, in an effort to minimize the damage to my marriage. I'm worried that these details may come out.

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I'd COUNT on them coming out. The relationship between you and the assailant will be a KEY part of the case, and the defendant's attorney will do everything possible to show you in the most unfavorable light possible - so if you sent card, emails, texts...I'd go back and re-read them, because her defense will almost certainly attempt to have them admitted into evidence.

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2. I was arrested for DV against the defendant last summer, received a delay of sentence and have fulfilled all of the conditions of my probation... just waiting for the time to pass now. Anyway, I wasn't 100% honest with my wife as to the details of the DV. Again, in an attempt to minimize the initial damage. When talking to the police on the date of the Home Invasion, my wife told the officer the details of my DV case as she knew them (ie. the version I gave her). When I read the police report I noticed that the inaccuracies about the DV were in it. Since I'm sure the defendant read the police report and knows about the inaccuracies, can that have any bearing on things, since it's a seperate incident? I'm also concerned that this will come out if we have to appear in court? Is that likely?

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The inaccuracies are likely irrelevent - what WILL be relevent is the result of the court proceeding that resulted from that incident. Yes, you can be absolutely certain that the prior DV will be revealed in all its glory via testimony. There's simply no part of cheating and then lying about it that is going to turn out well for your continued charade with your wife. If you haven't already, it's time to have an HONEST heart to heart with your wife - unless you want her to have to go through the shock of sitting in court and learning all the gory details that she was lied to about in front of a room full of strangers (most women really DON'T appreciate that).

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What role can my wife and I expect to play in this case and what should we expect on the day that we're ordered to appear?

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You can both be asked questions about what happened, who said what, who did what, and under what circumstances (ie historical context). If your wife's story should differ from your story, that will be of wonderous news to the defense.

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We've told everyone that we've spoken to (police, victim's rights people, etc) that we just want this to be behind us and to move on, which is difficult enough without having to deal with the anxiety of not knowing what's going to happen next.

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Understandibly you want this to all go away and be swept under the rug so you don't get busted. However, in the bigger picture, the criminal justice system is reacting to a CRIME. They have a duty to ALL persons in society to pursue those who commit crimes, even when the victim(s) don't want that to happen. If this chick is a violent psycho, she needs to be off the streets, not only for YOUR own safety and the safety of your family, but for the safety of anyone ELSE that she might choose to target.

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Any help is tremendously appreciated. When I say help, I'm looking for any constructive advice or insight that may help us to understand this whole process a little better. As such, I'd appreciate it if CyJeff NOT respond to this post, since I find his comments generally condescending and unhelpful. This is a difficult enough time without the sarcastic comments.

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On the other hand, there is what's called the "wisdom of the masses" - such that, if you find that many of the comments are sarcastic, compassionate, or somewhere in between, that will actually give you some good information; it'll give you insight as to what the jury hearing the case will be thinking, how much credibility will be an issue in the case, and how both her and your behaviors might garner either spite or empathy with those recommending a sentence to the court.

what bearing does the affair have on the home invasion?

Since we are not told exactly what this "home invasion" actually is (in CA that crime is actually trespassing in an occupied dwelling), it could very well be that the defense will have some avenue through the prior relationship. If for no other reason perhaps it will be used to cast doubt on the witness's testimony by making him out to be a liar and a cheat.

It is hard to say what the defense might be without details.

As for the subpoena, CJS Skeptic, if you fail to show in court and testify you can likely be charged with a crime. It is also relatively certain they will serve your wife if you do not tell her about it.

As for what will happen in court, it depends on what you and your wife saw and what information you have that can help make the state's case.

I would expect the witnesses in a criminal trial to be sequestered, so your wife wouldn't hear your testimony. I wouldn't be surprised if your wife gets some "did you know that..."-type questions, but if the prosecutor's on the ball they'll likely mostly fail due to their either being irrelevant or that they call for hearsay (or both); there may also be questions of spousal privilege. I can't promise that you'll get away with continuing to lie to your wife about what happened, but it's not necessarily the case that if she gets the subpoena she'll learn everything.

Assuming a trial even occurs. Most cases result in plea bargains.

Home invasion is defined in MCL 750.110a - it's pretty much what used to be classified as burglary, but seemingly with more serious potential sentences.

So, depending on the facts of the case, the relationship issue might come out ... maybe. It really depends on the unknown facts.

I have seen infidelities come back to haunt people more than a few times.

Thank you all so much for your thoughts, information and timely responses; it's exactly what I was hoping/looking for. You've all been very helpful. :)

I called the victim/witness coordinator and found out that this is for a preliminary hearing. I asked her what would most likely be expected of us and she said that we're witnesses to the prosecution and that they'll probably just want us to verify that we own the house and repeat the events of that particular night. I'm really hoping that's the case, but I'm a little skeptical. Any thoughts?

I posted the details of the Home Invasion in another thread, but I'm happy to post them here, too, if you think it might help shed some more light on the situation.

Our appearance isn't scheduled for a couple of weeks, so I'm hoping they work out a deal and that it won't even be necessary for us to appear.

Again, thank you all so much. I really appreciate your help.

I would expect witnesses to be sequestered for the preliminary examination, just as for trial. It's possible that the defendant will reach a plea deal with the prosecutor and waive the exam. It's up to the judge how much latitude he gives to the defense lawyer on cross-examination, but I wouldn't expect the judge to allow much delving into past relationships, etc. - it's a probable cause hearing, not a trial.

It sounds like a situation in Indiana where there must be somebody to testify that a crime took place and since you are witnesses to the crime, that means it would be you. I know when I was involved in such a situation, all I had to do was testify the crime took place. There was no need for any other information. Heck, I couldn't even ID the robbers but that was not what I was there for.

I cannot see any reason the affair would be even considered as evidence unless the defendant was somehow claiming you gave her permission to enter the home. Then your honesty with your wife could be called in to question and some of the details may come to light to prove your lack of honesty with your wife which could go to support the defendants claims. The affair, other than that, would have no bearing on the home invasion and as such, would have no place in the courtroom.


That doesn't mean you should not have a really in depth conversation with your wife. Look at this as a warning of just how easy the details you so carefully redacted from the story you told you wife could come to light. Wouldn't you prefer the time line for the discovery be on your terms?

Again, thank you all so very much for your help. It has really helped answer some questions and put my mind a little more at ease.

I'm considering calling the prosecutor's office and making them aware of my concerns and seeing if they'll tread lightly on the subject and/or details of the affair, and to be prepared for any questions the defense might ask me or my wife about it. Although, I'm sure this isn't the first (or last) time a case like this has crossed their desk. Is this a good idea or will it just annoy him? I don't want to offend him.

This entire situation has been a huge eye opener for me. I've felt horrible for quite some time now and, while trying to find a way out of the situation and causing the least amount of turmoil as possible, I found myself slipping deeper and deeper into the mess. Apparently that whole "slippery slope" thing is true. Anyway, I should have put an end to things a long time ago, before they got so out of hand.