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RBBM
I don't think anyone here is arguing the fact that defense will likely attempt to question DM or her recollection.
Actually, there were posters saying that the 7 hours before the 911 call wasn't on trial and shouldn't be cross-examined. That 7 hours plays into what I was saying.
No offense but if my defense attempted to suggest that DM was hallucinating, I'd be concerned. ICBW but it seems a very weak argument. I realize essentially you're saying the defense will do it's job in pecking away at whatever they can. It's just that you have mentioned hallucinations several times.
I actually didn't say she was hallucinating. I said they would question if she was experiencing a hypnopompic or hypnogogic hallucination. You shared your story that you saw someone in your hallway, but you didn't believe it was real. THAT's what a hypopompic hallucination is. Every single one of us has experienced it. It's actually very common. It's not psychosis or anything else that's abnormal or would suggest mental illness. All it means, in layman's terms (and this is a very simplistic explanation), is dreaming while you're awake because your brain hasn't fullen woken up. Why would that be a weak argument for a defense in this case where the only living witness didn't call 911 for 7 hours?
Of course they will likely go down the "are you sure you saw what you say you saw" road.
Then why are you saying that's a weak argument? That's all a hypopompic hallucination is. Maybe I shouldn't have used the medical term for it and just said "are you sure you weren't half asleep?"
MOO.