My question involves criminal law for the state of: Arizona
Even though the court date has been continued, I will probably still be a witness at a jury trial where my next door neighbor has pled not guilty to 8 felony charges. 2 for DUI (F4) and 6 Endangerment (F6). He has 2 previous Felony Convictions. Flight from Law Enforcement & Agg Assault (he earned those quite sometime before he purchased the house door to us). He's been in trouble with the law ever since he was a young kid. He's now 42 yrs old & still can't stay out of trouble. I found out a lot of his past criminal history at the County Law Library. I left the County Court building on wobbly legs.
We have had problems with this neighbor pretty much since he moved in 2004. I have many police reports we've had to file for anything from disturbing the peace, to property damage, to death threats.
The Prosecutor plans to use his prior felony convictions to impeach the defendant's credibility pursuant to Rule 609 AZ Rules of Evidence. I don't think his other felony convictions qualify him for the “3rd Strike Rule” - unfortunately.
I have a feeling the Defense Attorney plans to make it look like we are the one's making trouble for the Defendant since he's since he's lived next to us (past police reports we've filed) – which isn't the case, but I'm sure he'll find a way to twist everything around to make his client look like he's the victim. One of the defendant's pre-sentence reports indicated that he has a history of Weapon Use & Violence.
I'm not sure, but I don't think the jury is able to know about any of the Defendant's past convictions from the Prosecutor. Is that correct?
At the interview between myself, the prosecutor & the defense attorney, I indicated that living next door to the defendant is a never ending nightmare & if we could, we'd move. I also made both attorney's aware of the police reports we've filed against this neighbor in the past.
If during questioning at the trial, if it's appropriate, could I slip in the fact that I'm aware of much of the Defendant's criminal past? Or would this cause a mistrial? Could I get into trouble for sharing this information in front of a jury?

