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  1. #1
    Join Date
    Dec 2008
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    8

    Default How Can a Prosecution Witness Testify if They Weren't at the Scene

    My question involves criminal law for the state of: Massachusetts


    My friend has an assault & battery trial coming up. He is the defendant and his ex-wife is the victim. The prosecutor is having the ex-wife's boyfriend testify as a witness but he wasn't
    present during the alleged assault. The entire thing is on surveillance because the alleged incident happened outside of a store during a custody exchange.
    What could the boyfriend possibly say since he wasn't there at the time?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: How Can a Prosecution Witness Testify if They Weren't at the Scene

    We don't know.

    Your friend's attorney can make any appropriate objections should there be any.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: How Can a Prosecution Witness Testify if They Weren't at the Scene

    Depends on what testimony he is going to give. Some things he said would be valid, some would not.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: How Can a Prosecution Witness Testify if They Weren't at the Scene

    He may testify to anything that is relevant, of which he has personal knowledge, and that is not excluded under some rule of evidence, (e.g. hearsay rule, etc). Not knowing anything about the incident or what the prosecutor intends to present, it’s anyone’s guess as to what he’ll have to say. The defendant’s attorney presumably will object to any attempt to introduce improper testimony.

    But I’ll give one example. He may have seen her injuries from the attack immediately after and in that case he could testify as to the injuries he observed.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How Can a Prosecution Witness Testify if They Weren't at the Scene

    Or he witnessed the defendant threatening the victim (assault in its own right even if it preceded the battery).

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