Tuesday, November 6, 2007

A Much Better Day

[Edited 11/7/2007 to ensure compliance with TDRPC 3.07. Discretion is the better part of valor.]

Three of the State's civilian witnesses testified today. They didn't do us much harm -- they actually disproved a chunk of the prosecutor's opening statement, and proved a good chunk of our opening for us.

One witness testified on direct that she saw a guy with a handgun, and then testified on cross that she didn't really see that guy with a gun. She also testified on cross first that the car stopped after making a u-turn, and then that it didnt stop, but just slowed way down.

Tomorrow, more cross -- probably some cops, crime scene officers, and so forth.


The fat lady probably will not have sung until three of my client's guests that night (the three who were awake and are available for trial) are done on the stand. Until their testimony, I expect fairly smooth sailing.

4 comments:

Anonymous said...

Mark,

I never feel comfortable blogging about a trial while it happens. Have you researched the issue? Is there any potential negative implications?

Mark Bennett said...

Robert,

I hadn't given the issue much thought. I'm inclined to think that posts like this one will not "have a substantial likelihood of materially prejudicing an adjudicative proceeding," which is the initial test under TDRPC 3.07. I will look a little deeper into this before blogging more.

Mark.

Anonymous said...

Hey. Break a leg there, bud.

Anonymous said...

Mark,

The prosecutor is reading your blog too I'm sure, I don't think it's wise to blog on the trial, during the trial.

You can write the posts but publish it only when the case is over.

I wish you luck on it.