faefrost
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So the defense is fighting to prevent Tim from "speculating" that KC was about to mark a map? Ummm? OK sure. Why not?
Nothing in their motion however in any way prevents or mitigates his eyewitness testimony to the encounter between himself, GA and KC where she was asked to mark a map, and refrained from doing so. I am pretty sure that barring obvious and blatant inconsistencies in testimony 9such as the witness was not in fact physically present) most courts tend to lean towards letting the jury determine whether a witness is lying or telling the truth on their own, and generally refrain from making this determination for them from the bench.
So I really am confused at to what JB is attempting to go after with this motion? I mean anything that he seems concerned with could have easily been taken care of during the witnesses testimony at trial by objecting to any "speculation". Nothing in his motion is going to block the actual witnesses testimony? The witness had contact with and observed an encounter with the defendent, in which the specific subject matter was her missing 2 year old daughter. That ain't gonna go away as "speculation".
Nothing in their motion however in any way prevents or mitigates his eyewitness testimony to the encounter between himself, GA and KC where she was asked to mark a map, and refrained from doing so. I am pretty sure that barring obvious and blatant inconsistencies in testimony 9such as the witness was not in fact physically present) most courts tend to lean towards letting the jury determine whether a witness is lying or telling the truth on their own, and generally refrain from making this determination for them from the bench.
So I really am confused at to what JB is attempting to go after with this motion? I mean anything that he seems concerned with could have easily been taken care of during the witnesses testimony at trial by objecting to any "speculation". Nothing in his motion is going to block the actual witnesses testimony? The witness had contact with and observed an encounter with the defendent, in which the specific subject matter was her missing 2 year old daughter. That ain't gonna go away as "speculation".