Wednesday, January 6, 2016

Judge Janet Leal shot down attempts by Saenz's staff to prove the case through hearsay.  When it came time for the key material witness to testify, without whom there is not case, the witness was a no show. The DA's office claimed he was on his way.  The court moved on to house cleaning matters in the case and this morning will continue with testimony if the state' witness appears.
The jury is waiting to hear the terms of immunity.  They were told he was given immunity, but it only applies to prosecution  in state court, not federal court.  When the witness gets on the stand if the state fails to clarify this in front of the jury, defense counsel will in all likelihood take the witness on voir dire to insure he understand his testimony could land him in federal prison. 
For now the parties wait to see if the witness will appear.  If he fails to appear and the state has no other witnesses the court will order the state to rest and then upon proper motion issue a directed verdict of not guilty.
I suspect Saenz had his investigators all over the witness by yesterday afternoon to insure no further mess up of being late.

1 comment:

Anonymous said...

I will still vote for John Chamber, hell if I vote for that Planet of the Ape Cortez