HHJP: Other than the possibility of her testimony being impeached. What would the defense suffer if this testimony comes in
JB: It would be severely punished. We took Mrs. A's representation that she was a salary employee when she ran these searches, and it was in the exact time frame of when this was done. What's to stop Mrs. A pleading the 5th amendment, and that opens up a whole new problem.
HHJP: All of her testimony would be stricken and the jury instructed to disregard.
JB: There's another problem. I think ... we're at the close of our case and they could have attacked this evidence in another manner ...
When someone tells you they are going to get up and lie, that's when a counsel gets into trouble, but unfortunately counsel can only rely on what a witness tells them. I would agree 100% but I would bring to light what this court often said, if we knew this was going to be an issue,
This was not intentional or willful. Ms. A defended her position quite vigorously and we followed up on it. I don't believe there's any prejudice here. I would never argue that Mr, Baez was trying to dupe the jury. It was inadvertent and they got the information as soon as I got it. The prejudice is only in that it opened a window that is currently before the court.
JB: Sometimes records and documents can cause confusion. We'd need our experts to review these records. This is NOT a simple issue.
Before Ms. A took the stand, did you know she was going to say what she said about her being at home and not at home as her employment records indicate.
These things were already in record. They are not something we disputed. But to bring in new stuff?
HHJP: Were you aware when Ms. A took the stand she was going to testify that despite the records show she was at work, those records were in conflict.
HHJP: But you knew she was going to testify to that? Now the work records introduced, were they computer generated?
LDB: We had time cards.
JB: Were they generated by use of he computer or were they manually done?
Did anyone have an expert look at those records or someone monkeyed with the records to coincide those records.
JB: Those records are of limited value. We believed there was an answer why Mrs. A said what she did about the accuracy of those work records?
Anything else?
Court's finding of fact. This was not a discovery violation. [!!!] The state of Florida sought those records and supplied those records to the defense.
Trials are supposed to be about a search for the truth. Jurors are supposed to received truthful evidence and speak a verdict that renders the truth. the court will instruct the jury about believability or non-believability of evidence. The remaining question is how much time does the DT need to adequately review these records and cross examine the witnesses supplying this testimony.
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How much time do you need to do what you need to do?
DS: Maybe an hour or so. I'm not sure