07-01-2013, 04:13 PM
(07-01-2013, 03:58 PM)ZEROSPHERES Wrote: Adub. Isn't it at the discretion of the defense to call Z as a witness and if they feel that the prosecution hasn't made a convincing argument for conviction he won't appear on the stand?
I have been reading forever how the State wouldn't enter these statements into evidence because that would force GZ to take the stand. I never bought into it. I have always thought that having George's statements entered into evidence may force GZ to take the stand. But, of course he doesn't have to testify. But, he just may need to after this. And we haven't even gotten to the forensics.
My biggest concern was that after the State finished, then the defense would file a motion to dismiss, the judge would deny it, and the defense would say they were not going to present any witnesses, and have it sent to the jury.
As it stands now, the State is forcing the defense to present a case. Despite O'Mara and his "...couldn't it have beens..." on cross.