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  1. #1
    Join Date
    Apr 2012
    Posts
    6

    Default Officer's Testimony at a Hearing Was Not Complete

    My question involves criminal law for the state of: Washington. During the 3.6 hearing one of the states witnesses during his testimony doesn't provide the whole truth e.g. witness says "from there I stopped the track. I didn't let (K-9 name) continue because I didn't know what I was getting into" and then later during the same hearing he says "(K-9 name) parked and alerted on (defendants name) as he made himself known." He also left out the fact that his K-9 partner continued the track for another 1,584 feet. Which is roughly 0.3 miles. Had this information been known what if anything could be done during an appeal?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: During a Pretrial You Have a 3.5 and 3.6 Hearing. If

    So we're dealing with a 3.6 (Suppression) hearing, not a 3.5 (Confession) hearing?

    If your lawyer does not believe that a witness's answer is adequate, your lawyer can ask him additional questions to obtain additional facts. Nothing you have posted suggests that the witness was dishonest.

    If the defendant was there, the defendant knows what happened and thus should be able to help his lawyer prepare for a hearing. You have not indicated how the information that the officer didn't volunteer at the hearing would affect the outcome of the case.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: During a Pretrial You Have a 3.5 and 3.6 Hearing. If

    As Mr. KIA says it was up to your lawyer to cross-examine or present contrary witnesses or evidence. Arguing for suppression puts the burden on you to show why the evidence should not be admitted, it's not the same as the requirements to prove your guilt.

  4. #4
    Join Date
    Apr 2012
    Posts
    6

    Default Re: During a Pretrial You Have a 3.5 and 3.6 Hearing. If

    Ok but when the defendant says to his lawyer shouldn't we bring up the track continued and his lawyers response was we'll bring that up in trial. How would he have known that was going to be available to cross examine if the courts rulings for that hearing hadn't been known. Also what about if a witness had been called in for questioning and during his testimony was asked the same questions but his answers were different is that a credible witness? He was also identified by 2 of the witnesses at the beginning of the investigation as a possible suspect that committed the crime in question.

    Im working on my little brothers PRP appeal. Not being real educated on the criminal procedure and what not I'm struggling to find the grounds I need in order for his appeal to go thru. If we had the funds to hire a lawyer we would but unfortunately we don't.

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