Hi Friends, Please tell me your thoughts on this post. Maybe I overthink things. Maybe I am an overzealous mom that looks at minor details. I have spaced between dialogue to make it easier to understand. I learned this from you all. Also, I haven’t post this to my blog yet. I kind of want to get your take on it. I will not be insulted by any honest negative feedback. Thank you.
While awaiting the results of the rehearing, I have decided to post some of the lies that the victim told on her sworn deposition. For the life of me, I cannot understand why our defense attorney did not challenge her inconsistencies at trial.
(Please note that anything in parenthesis and in red is me giving you information)
(I feel the victim was trying to assist the detective because she knew that only being shown one picture with 2 guns would be suspicious. You will see what I mean when you read the below excerpts.)
(Below are excerpts taken from the depositions of the victim and our 1st criminal defense attorney)
(The deposition between the victim and our attorney was taken on 12/15/2011)
(The attempted robbery with a firearm took place on 4/16/2011).
(The trial was 11/20/2013)
(At trial, the defense attorney did not even question the victim about the discrepancy.)
(Please note that Victim refers to the lady that was a victim of the attempted robbery.)
(Attorney refers to the Criminal Defense Attorney.)
(Here Goes. I hope that you can understand this. It is taken directly from the deposition.)
Attorney: All right. At some point you mentioned that you were shown a set of photos with guns?
Attorney: Okay. Do you remember how many guns you were shown?
Victim: Two to six.
Attorney: And from that photo, you were able to choose the guns that looked closest to, I’m sorry, the gun that looked closest to the one you remember from that night?
Victim: A Yes.
Attorney: Was that something that the Detective did?
Victim: A Yes.
Attorney: Okay. You said that there was, um, when the Detective showed you these photos, you said one was, you remember seeing one set of photos at your home?
Attorney: And another set of photos at the courthouse?
Attorney: Can–you–tell–me–more –about that?
Victim: At the courthouse?
Victim: The detective had called me prior, maybe a few days I met her there with my boyfriend. We met her. She came out of; I don’t know what the room is and met us. We went over to a table sort of by the entrance. She just laid down a few photos. She said which one ‘ resembles closest to what I saw that night and I narrowed it down to I believe two or three. I couldn’t exactly pinpoint one because there were a few that were very similar.
Attorney: And this was the photos of the guns?
Attorney: Okay. So you weren’t able to identify one particular gun?
Victim No: I excluded a few.
Victim: But there was at least two that were very similar and I said it could have been either.
(The following is my thinking on this dialogue. I feel that she was talking about the photo lineup and the attorney, asked her was she talking about the guns. I don’t know. Maybe reading the deposition between the detective and attorney will help us to understand or confuse us even more.)
(Below are excerpts taken from the depositions of the detective and our 1st criminal defense attorney- This is dated 4/2/2012 -The incident took place on 4/16/2011.The trial was 11/20/2013)
(Please note that Detective refers to the detective above, that was handling the case).
(Attorney refers to the Criminal Defense Attorney)
Attorney: Okay. When you showed her those firearms, um, can you tell me a little bit more about that?
Attorney: the method for how you did that.
Detective: Yeah. It was really not a method. It was just kind of like, does this look like the firearm because there was only one firearm in hers. Does this look like the firearm that was used in the robbery? I think she said it looked similar.
Attorney: Okay. When you showed her the picture of the firearms, you showed her two firearms, right?
Detective: Yeah. One picture, with the two firearms
Attorney: So the two firearms together in one picture?
Attorney: Were there any other pictures of firearms that you showed her?
(So what do you think,Friends)