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View Full Version : Misc Why don't defendants testify more often?


alnorth
07-23-2012, 11:33 PM
Sometimes, I'm wondering if people are listening to their defense attorney too often.

Jury convicts OSU basketball player of rape (http://www.cbsnews.com/8301-400_162-57478371/jury-convicts-osu-basketball-player-of-rape/)

Darrell Williams broke down in tears as the verdicts were read, saying "Oh my Jesus God" as he bent over and banged his hands on the defense table. He then turned to the jury and yelled, "I didn't do it." Others in the packed courtroom, including his teammates and coach, left without commenting, and an inconsolable female relative was helped out as Williams was taken away by sheriff's deputies.

Well that's just great, dude. Lotta good that outburst does now.

No physical evidence, no witnesses other than the alleged victims. The prosecution's case was based pretty much only on the credibility of the accusers, a classic he said she said. The case was also shaky enough that he was acquitted on a couple of the charges so its not like it was a slam-dunk "oh yeah, he's guilty" kind of case, but the girl testified, and on the advice of his attorney, he didn't and relied on his lawyer telling the jury there's no evidence and asking them not to believe her. Well, I don't know if the defense was scared about something the prosecutor would say on cross-exam, but sometimes you get a jury that stubbornly wants to see the man defend himself and if he doesn't, they think he may have something to hide.

This isn't really about Darrell Williams, I don't really care about him. He could be guilty for all I know, and there's lots of cases like this but he only makes the news because he's a good ball player. How many of those "48 hours" mystery shows have you seen where a juror interviewed after the trial, time after time, said that even though the case wasn't strong they were bothered that the defendant refused to defend himself? Why do all these defendants, at least a few of whom are probably innocent, always listen to their lawyers and don't say a word in their own defense?

Jenson71
07-23-2012, 11:56 PM
Any prior record?

"Mr. Williams, have you ever been convicted of a crime?" "Uh, no . . ." "OBJECTION YOUR HONOR. RELEVANCE?" "Your honor, I'm intending to show that the witness is a sadistic, depraved human being who not only has had multiple and overlapping sex partners, but also beat up one of them in 2003, went to jail for it, and then stole $200 from a grocery store two years later. I have written documents for the convictions and witnesses for his sexual behavior. Finally, by answering my question with a 'No,' I will show that the witness has impeached himself."

"Overruled. Answer the question, truthfully, Mr. Williams."

J Diddy
07-24-2012, 12:09 AM
Any prior record?

"Mr. Williams, have you ever been convicted of a crime?" "Uh, no . . ." "OBJECTION YOUR HONOR. RELEVANCE?" "Your honor, I'm intending to show that the witness is a sadistic, depraved human being who not only has had multiple and overlapping sex partners, but also beat up one of them in 2003, went to jail for it, and then stole $200 from a grocery store two years later. I have written documents for the convictions and witnesses for his sexual behavior. Finally, by answering my question with a 'No,' I will show that the witness has impeached himself."

"Overruled. Answer the question, truthfully, Mr. Williams."

While sure it could go like that, but in all likelihood the previous convictions would have already been brought out. That being said, I agree, there is little good that can come from someone testifying in their own defense. At best you have a person on trial which automatically damages the juries view of the credibility of his testimony and if he doesn't do a good job then you have the perjury issue.

Best to let the silver tongues speak for you.

Jenson71
07-24-2012, 12:18 AM
While sure it could go like that, but in all likelihood the previous convictions would have already been brought out.

How so?

Mojo Jojo
07-24-2012, 12:48 AM
The 5th and cross. You come out guilty either way.

BigMeatballDave
07-24-2012, 12:49 AM
If I'm a juror, I'd never vote to convict without physical evidence.

|Zach|
07-24-2012, 01:07 AM
Scary shit.

Quesadilla Joe
07-24-2012, 01:17 AM
My parents filed an incorrigibility charge on me when I was in high school and my court appointed attorney advised me not to take the stand when the judge asked if I had anything to say.... I took the stand and it didn't do me any good.

BigMeatballDave
07-24-2012, 01:24 AM
My parents filed an incorrigibility charge on me when I was in high school and my court appointed attorney advised me not to take the stand when the judge asked if I had anything to say.... I took the stand and it didn't do me any good.

And you are STILL incorrigible.

Ebolapox
07-24-2012, 02:01 AM
My parents filed an incorrigibility charge on me when I was in high school and my court appointed attorney advised me not to take the stand when the judge asked if I had anything to say.... I took the stand and it didn't do me any good.

wow, so even your parents are sick of your shit? shocking.

Ebolapox
07-24-2012, 02:01 AM
wow, so even your parents are sick of your shit? shocking.

heh, guess twitter isn't a viable source of defense in court. o:-)

|Zach|
07-24-2012, 02:02 AM
My parents filed an incorrigibility charge on me when I was in high school and my court appointed attorney advised me not to take the stand when the judge asked if I had anything to say.... I took the stand and it didn't do me any good.

I am sure taking the stand against the advice of your lawyer really helped you out in an incorrigibility hearing. Heh.

Dave Lane
07-24-2012, 05:36 AM
Cuz they are guilty would be my bet.

loochy
07-24-2012, 07:10 AM
My parents filed an incorrigibility charge on me when I was in high school and my court appointed attorney advised me not to take the stand when the judge asked if I had anything to say.... I took the stand and it didn't do me any good.

that's because your attorney knew that you were guilty as charged

loochy
07-24-2012, 07:12 AM
My parents filed an incorrigibility charge on me when I was in high school and my court appointed attorney advised me not to take the stand when the judge asked if I had anything to say.... I took the stand and it didn't do me any good.

You should have used google maps to show the judge where the court was and prove to him that ignoring your parent's orders was indeed impossible.

Phobia
07-24-2012, 10:19 AM
My parents filed an incorrigibility charge on me when I was in high school and my court appointed attorney advised me not to take the stand when the judge asked if I had anything to say.... I took the stand and it didn't do me any good.

I'm just thrilled you demonstrated a learning capacity last week. Baby steps. Have you learned anything yet this week?