How do you get testimony of two victims who have a large and important discrepancy in their statements, thrown out?
4 attorney answers
At this moment, there is nothing to throw oout, as they have yet to testify. When they do, the defense attorney better due a terrific job showing the discrepencies or foiling the witnesses. Unless he does, a conviction would appear likely as your husbands story does not sound credible.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Theor testimony cannot be thrown out, but your attorney can point out the discrepancies to the jury to make them question their credibility. Good luck.
I am a criminal defense and DWI attorney practicing in Westchester and the NYC Metro area. My answers are intended only as general advice based upon the limited information provided in the questions, and do not establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
Written statements are not admissible at trial. The witnesses have to testify. Testimony does not get thrown out simply because the are discrepancies in statements. Your husband's lawyer will have the change to cross examine each witness to show the discrepancies and attack their credibility and reliability and then the jury will decide who is credible, who is not, and whether the DA proved the case beyond a reasonable doubt.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Since you are not a lawyer, YOU cannot have anything "thrown out." Discrepancies in testimony are common and don't result in anything being "thrown out." You'll have better success trying to work with the public defender than asking questions on the internet of lawyers who know nothing about the case. Your husband's story leaves much to be desired as well. Good luck...
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!