Steps prosecutor can take without cooperation from Jameson

From: Mark Hunter

Member Since: 1/1/01

Posts: 2620

Some of my favorite threads on this site are the threads made by the sh*thouse lawyers. Lovin’ it.

As a guys who was stuck with the horrible job of prosecuting domestic violence crimes, I can tell you that, if Jenna decides to not cooperate, the prosecutors will probably:

1. Review the other evidence (ie, photos of injuries, 911 tapes to look for statements that would be admissible under the excited utterance or present sense impression exceptions to the hearsay rule, other witnesses, prior complaints for similar conduct) to see if they can present a case without Jenna’s cooperation;

2. If they can make a case, they will proceed forward without Jenna. If Tito calls her as a witness in his case in chief, the prosecutors will impeach her with her prior statements and then describe her to the jury as a love struck victim.

3. If they cannot make a case without Jenna’s cooperation, they will have Jenna sign a “No Prosecution” or “Waiver” letter, so if Tito kills her next week the D.A.’s office doesn’t take a bunch of bad press for dismissing the case; and

4. Dismiss the matter with prejudice on the next court date.

That’s pretty much it. I’m sure there’s a young prosecutor in the office that would love to get the pat on the head for bringing a high profile case. The question is whether the more senior guys, who have the actual discretion, decide it’s worth the effort.