I think that is what I heard the Judge talking about.
So we are back live at 1:00 pm est?
What was Hinckley (sp?) planning on doing? Calling Barth as a witness? Why?
I think Davis would have had to call Barth to the stand (in surrebuttal) to defend against the prosecution's allegation/charts in rebuttal about what Barth said concerning who visited Seth and when during the investigator's testimony.
Prosecution's point was Barth said "I" about the visits and Hinckley wanted to prove by jail records that Barth hadn't been there, only Davis and maybe the investigator had seen Seth. At least that's what I took from it all, and judge was right (imo) in saying it would have become a trial within a trial with Barth having to defend himself over prosecution's rebuttal. That's all the prosecution was going to rebut so, no rebuttal at all.
I think Davis would have had to call Barth to the stand (in surrebuttal) to defend against the prosecution's allegation/charts in rebuttal about what Barth said concerning who visited Seth and when during the investigator's testimony.
Prosecution's point was Barth said "I" about the visits and Hinckley wanted to prove by jail records that Barth hadn't been there, only Davis and maybe the investigator had seen Seth. At least that's what I took from it all, and judge was right (imo) in saying it would have become a trial within a trial with Barth having to defend himself over prosecution's rebuttal. That's all the prosecution was going to rebut so, no rebuttal at all.
Its already been a trial within a trial IMO.....don't think we need more confusion.
I can understand why the State would want to show the jury that all the times that Barth said 'I' as if he first hand had heard the testimony wasn't true and instead was hear say. I assume the other two people mentioned as visitors are from the defense's office. IMO Barth played loose with the truth on that. The two staff members should have been called.
Of course then the State would have had a go at them too.
Thanks for explaining it geevee!!!
Are they late for the charging conference or are we not getting it on stream?
Our stream is back live.
by KC Downey/WMUR Staff 11:13 AM
Read more: http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35a7z9fy8