Thinking about this from Maria Guerrero:
I reported two important nuggets in my 5pm report:
1. No one is charged with murder at this time. But it's worth noting the current charge against Wesley carries same the punishment as murder.
2. One of the Mathews' attorneys told me today they are trying to convince their client to give up custody of biological daughter to focus on impending criminal trial.
I am sure that charges will come as the prosecutor reviews evidence to determine exactly how strong a case they have.
But the second nugget interests me.
Family Court is not criminal court, different set of rules and procedures. Apparently the legal reps for CPS are free to call forth the testimony of both parents. Even though there was a lot of pleading the fifth, some information was admitted to and the public had the chance to see responses, and their testimony forms a record.
When it comes to criminal court, the accused cannot be put on the stand by the prosecution. It is up to the defendant (and their attorney) to decide whether or not to put them on the stand. And there are risks. A jury may wonder what they have to hide if they choose not to take the stand (even though a judge will explain that is their right and it is not to be taken as an indication of guilt). But if they take the stand, they are then open to cross examination by the prosecution regarding anything they may say. Whichever attorney Maria spoke to (and I am betting it was Sini's attorney) is clearly not eager to subject their client to any more questioning (unavoidable so long as they are still fighting in Family Court). And whatever chances they may see for whichever parent to ever see the light of day again, they see them as being diminished through the custody fight.
Based on earlier statements, it would seem that Wesley's team hopes to present him as a loving and caring father (IOW, just the piano player in this house of ill repute), so depending on how things shake out, they might be willing to put him on the stand. Popular opinion, however, has not been supportive of Sini, and nothing that has come out of Family Court to date has helped her cause, from her basic appearance (always difficult to control for better reactions) to the tone of her responses to the responses themselves, not to mention the doctor's testimony. I am betting that her team would prefer to keep her off the stand and away from view as much as possible.
