gitana1
Verified Attorney
- Joined
- May 31, 2005
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The defense doesn't have to prove anything including who wrote the letters. The entire burden is on the prosecution. I'm looking forward to closing arguments.
JMO
That statement betrays a total lack of understanding of the process, with respect.
The state has the burden of proving he murdered Kelsey, beyond a reasonable doubt. They produced testimony and evidence that was admitted without objection or cross examination. It was authenticated. That is their burden. Once they met that burden it is the defense’s job to refute that authentication if they can.
There will be no jury instructions saying that question of the letter’s authorship is up for grabs. Credibility of the informant is a different matter but as authenticity wasn’t challenged that will be largely irrelevant.
Wright given to these letters as to how much they show consciousness of guilt will likely be part of the instructions but it is absurd to think that an innocent man would try to get all the witnesses against him to be killed.
To look forward at this stage to the defense’s closing arguments as if those will be meaningful for the defendant can only be possible IMO if one hasn’t truly followed this case.
The defense literally put on no case. Nothing at all. And using logic, they would’ve had to to cast reasonable doubt based on the theory they proposed in their opening.