Reply to Fairfax County Double Murder

Forum Index » Off-Topic

Reply to "Fairfax County Double Murder"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous]
BB[/quote]

Maybe they can call her in rebuttal since BB himself will be testifying. [/quote]

He will???[/quote]

When finalizing some of the jury instructions, the commonwealth said they are using a “waterfall” instruction (common with these elements) which means basically there will be a step by step document for the jury to go through elements and come to the answer. The commonwealth said there would be two different versions based on whether the defendant testified (because the defendant has a 5th amendment constitutional right not to testify and in that case the waterfall instructions would include something like: the defendant does not have to testify and you can’t infer anything from the defendant’s choice not to testify). In this discussion, Carroll said he will be testifying.

So I mean it isn’t set in stone, he still has a right to not testify. But based on that comment, the defense case has it factored in, I guess. I think it’s pretty unusual but there’s been a few unusual things about the defense. I won’t lie, I’m waiting for it with bated breath of course, but from a defense standpoint it is extremely difficult for me to imagine how this could be at all helpful. By testifying he has to answer prosecution on cross. In Virginia, the prosecutor is not limited to scope of the defendant’s testimony and can ask other things relevant to the case (wherever relevant objections aren’t sustained by the judge of course). In short, given what we know about this case it seems insane, but I don’t care about Brendan Banfield so I do hope it happens. [/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics