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  1. #1
    Join Date
    Oct 2005
    Location
    Memphis, TN
    Posts
    29

    Default Information in Discovery

    What if the information in the Discovery Packet in a criminal case contains the witnesses account of a crime in writing and it is totally different from the witnesses statement at the preliminary hearing.
    I am speaking of a witness who we know is lying, but is not smart enough to know that he had to be consistent with his lies.Witness was told to 'take his gum out of his mouth' at the prelim hearing by the judge because he was so nervous while telling his lie in front of us all. Witness claimed he called 911 at the prelim. Discovery confirms that this is not the case. Witness claims that he was grazed by a bullet at the time of the incident. Discovery confirms that no one was injured. 9 shell casings were found at the scene or brought down to the police station from 2 different guns (I guess my friend is John Wayne) , no slugs found at all. We believe the shell casings were planted to make things look real. Witness claims that there were 2 other men with my friend at the time of this 'shooting', but he can't remember what they look like at all. He only remembers my friend in detail (even though he claimed all suspects wore masks from the nose down). Preliminary transcript was left out of Discovery given to my friend. However, I was there and we both remember every detail of the witnesses claims. PD sent letter to my friend to tell him that the Discovery appears to be incomplete. Does the Discovery Packet contain all of the evidence that the prosecutor has to go to trial with? Or can they add more? Can pd file a motion to squash this?


    Thanks for your help,

    M

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

    Default Inconsistencies in Witness Statement

    It is not clear whether the inconsistencies would be sufficient to convince a court to quash the charge. Generally speaking, the inconsistencies become ammunition for use at trial.

    If your friend does not have a criminal defense lawyer, he should retain one. His lawyer will help him devise a proper motion and trial strategy.

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