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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I don't know if anyone has posted this article....His wife was with him, so I don't think he was looking for underage girls.

https://www.startribune.com/charges-could-come-monday-in-fatal-stabbing-of-teen-while-tubing-on-apple-river/600194716/[/quote]

It is possible (and of course I don’t know, but it will come out in trial) that if they started calling him a child molester, he leaned into that and asked stuff like that to antagonize them. Which no matter how you slice it will look bad for him at trial. Because the prosecution will ask yes or no, did you ask them where to meet young girls; they won’t allow him to answer anything but yes or no. [/quote]

That’s not how it works in a trial. [/quote]

I never said there wouldn’t be cross-examination. And yes, that is how it works when the attorney poses it as a yes or no question.[/quote]

If he even takes the stand then he specifically always maintains a 5th amendment right not to incriminate himself. He can assert that in response to any question or testifying at all. Usually a defendant who is testifying will be advised of their right specifically on record to prevent future problems with the case. If he does not testify the judge will instruct the jury they cannot consider that in deliberations and in closing prosecutors also can’t draw any inference about that specifically. If the defendant did testify, it’s possible that a judge might direct him to answer only the question asked, usually after reminding him again he can assert his 5th amendment rights (when a defendant is testifying). Otherwise it could be an issue on appeal. If you just choose to answer things badly after being advised of your rights, that’s another story and does happen.

Based on what’s preliminarily known in this case I would imagine he might choose to take the stand since it would most likely be instrumental testimony to the heart of the case: whether he reasonably believed he feared for his life at the time he used the knife. I personally don’t think we really know enough yet to know the exact calculus his attorney is dealing with. [/quote]

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