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- Oct 22, 2018
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Overt act: JT reaching through the opening of the suitcase.I’ve wondered about that from when it was brought up in previous motions and I think it has to do with the defense of self-defense - what did JT do that evening that caused SB to fear for her life - goes back to imminent threat - but I thought the whole reason to bring in BSS was to demonstrate that a battered spouse often thinks of it as an ongoing imminent threat so I’m still struggling with the overt act part of it. But it seems for some reason the state thinks and also seems to be supported by the judge that if an overt act is not demonstrated then the defense cannot bring in the BSS experts. I’m behind too so I don’t know whether this has been addressed in her testimony yet or not.
Maybe someone who has been watching in real time could tell us if SB has said what that overt act was and whether or not the judge ruled on it
Court accepted it.
JMO