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How To Lose a Rape Trial

By Smith Law Offices,

In August 2008 we finally came to the state charges for rape, assault and witness tampering.  The same issues of credibility were in play and the case was much easier for us as the more concrete evidence that killed us in the federal gun case were not relevant to the rape case.  It was to be a classic he said/she said contest. At first the case unrolled beautifully.  The victim's lack of credibility was on full display.  The state handed me a bonus early on when they forgot to ID the defendant as the perpetrator which is an essential element that the state has to prove.  Then disaster struck. My client began making noise about representing himself.  I knew that if I raised the ID issue at the close of the state's case that the judge was likely to allow the State to reopen to prove the case...continue to full post

Full post as published by SexCrimeDefender on August 08, 2008 (boomark / email).