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Originally Posted by FRPLG
Not sure what legal credentials you have but I have none and even I know that whatever evidence there is the defense has to know about it. It is called discovery and it is a basic tenant of our US justice system. The prosecution doesn't get to surprise the dfense with evidence come trial time.
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By no means am I an expert. But, I worked as a paralegal for several years on several dozen felony cases in New York for a former state court judges-turned defense attorney. I drafted (not just typed) motions, attended numerous court hearings/trials, I attended in-chambers meetings between judges and the parties' attorneys, etc. I worked as intern for a federal court district judge and drafted decisions in both criminal and civil cases. I worked in a law clinic representing federal inmates in criminal appeals and I have been in law school for two years.
Discovery doesn't reveal everything. For example, in a case like this, where witness statements are going to be key, you don't get to depose the witnesses prior to trial. You know who the witnesses are going to be, but you don't know what the eyewitnesses are going to say. In some states (i.e. New York), you also aren't entitled to police reports. I know what discovery is and whether you believe me or not, there are many surprises at trials.
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Originally Posted by FRPLG
Based on what experience? Eye witness testimony is relatively corruptable by a decent defense attorney. I don't know of too may proecutors who'd feel great about their chances with simple eye witness testimony. All it takes is one jury member to not believe the witnesses and in the case here I am guessing the questionable character issues make believeing them even that much harder. Especially since they as suspected of coming back to his hosue and firing at him.
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The question was whether eyewitness statements alone could support a conviction. If you notice what I said in the original post, eyewitness testimony can be sufficient to sustain a conviction
if it is believed by the jury. Of course, the defense attorney will try to impeach the credibility of the prosecution's witnesses.
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Originally Posted by FRPLG
Well duh. But that doesn't stop legal analysts from ever analyzing cases. No one can ever know if they have enough. So why should it stop us from discussing it. I'd love if we could find some people who really know what is going on here. Not just with this case but with Fla law and even with specific area and prosecutor.
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I wasn't trying to "shut down debate." I was just saying that I doubt people know enough about the case to even hazard an educated guess at this point.