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  1. #1
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting lalafreed
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    Actually you seem to still not get it, or maybe you don't want to understand. But it is a huge deal, if the defense had won the Sirois hearing my husband would not be in prison right now. Literally. This was also the point in time that he was offered 6 months SHOCK, right before the hearing. Even the DA thought the defense was going to win the hearing.
    The DA was not going to call me to testify and did not. The main witness and in their eyes the "victim". A right the defendant has is to confront the victim under cross- examination. The Sirois hearing allowed for the DA to not call me as a witness, by being declaring legally unavailable by the Judge. And in our case allowing hearsay at trial.
    Whether or not the prosecutor felt they were going to prevail in a particular hearing doesn't mean they wouldn't attempt it. Defense attorneys do the same thing. The fact of the matter is that the prosecutor DID prevail. That the prosecutor wasn't confident that they would prevail is why they offered a deal. It's all moot now, anyway.

    Of course the DA wasn't going to call you to testify! DV victims are notoriously unreliable! Also, while the defendant has the right to confront their accuser, true, but that doesn't mean that the DA has to call the accuser. The defense certainly can themselves and your husband didn't assert that right). That your husbands attorney didn't assert that right is not the fault of the prosecution.

    If you are appealing the conviction you can only appeal the calls of the presiding judge and whether or not the procedure of the trial was correct. You cannot call witnesses or introduce new evidence. It's not a new trial.

  2. #2
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Mark47n
    View Post
    Whether or not the prosecutor felt they were going to prevail in a particular hearing doesn't mean they wouldn't attempt it. Defense attorneys do the same thing. The fact of the matter is that the prosecutor DID prevail. That the prosecutor wasn't confident that they would prevail is why they offered a deal. It's all moot now, anyway.

    Of course the DA wasn't going to call you to testify! DV victims are notoriously unreliable! Also, while the defendant has the right to confront their accuser, true, but that doesn't mean that the DA has to call the accuser. The defense certainly can themselves and your husband didn't assert that right). That your husbands attorney didn't assert that right is not the fault of the prosecution.

    If you are appealing the conviction you can only appeal the calls of the presiding judge and whether or not the procedure of the trial was correct. You cannot call witnesses or introduce new evidence. It's not a new trial.
    That is not true because the DA is using statements made at the heat of the moment as reliable?

    You can't have it both ways. Women will often exaggerate to the police at the scene to bury the spouse, later realizing the harm a little lie or inaccuracy causes.

  3. #3
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    You can't have it both ways. Women will often exaggerate to the police at the scene to bury the spouse, later realizing the harm a little lie caused.
    Sig others will often also lie when court rolls around.

    If the OP's sig other lost the Sirois hearing that likely means that there was evidence that the defendant did something to get the OP to not testify.

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