Testifying in a murder trial......

So coming up this Monday the 28th I get the pleasure of going to court. Little over a year ago the guy that lived on the hill across the way here was murdered by his roommate. Around 2am the roommate knocked on my door. I looked out through a bedroom window and saw who it was and decided nope, not answering it. I found out the next day they found him wandering down the backroads with blood on him and his clothes and he told them that he choked out my neighbor in a fight and thought he was hurt bad. That was pretty much the extent of it.

Now he is going to trial and I got a subpoena to testify today. They say my testimony helps establish a timeline of events. Ok sure it does I suppose but why not just take a deposition and not make me sit in friggin court for however many days its going to take before I can quit going. She informed me it will be multiple days I am required to show up. I liked the guy that died well enough, he was slow and liked to help out around the farm just for something to do. I didn't really know the other guy other than in passing.

I just don't want to go is what it boils down too. I can't find a way to get out of it and I'm irritated. Anyone else have to do this for a criminal case to give me an idea of what to expect?

Oh yeah I do have one funny part to add. I informed the d.a. I was an epileptic and did not drive so I will be picked up by the sheriff and delivered back home daily lol. Least I wont bother anyone or waste money on gas and I get to ride in the back I bet. Should be funny.

Tell the DA that you're uncertain about the experience of testifying. Not that you want him to tell you what to say, just what it is like. Check out the courtroom, listen to another major trial if one is going on. He might even put you on the stand and ask you some questions, in an empty courtroom just so you get a feel for it. You're a fairly important witness, and he should go out of his way for you. Any competent prosecutor would.

So when the guy knocked on your door did he have blood on him then?

Maybe if you'd talked to him there would be no court case.

reply to post by drivers1492

I got a total of 6 subpoenas to testify as a witness in a criminal case. I had to go twice, but they excused me from the last ones, not out of the goodness of their hearts; but because the accused plead guilty.

Now, then. What was the reason I was called in to testify? Someone shot out my car window. I was asleep. I saw or heard nothing until a police officer knocked on the door and woke us to tell us. Out of dozens of cars that had windows shot out, I was the ONLY person subpoenaed. I had to rearrange schedules, cancel plans and a doctor appointment. I was never asked to say one word. But I got to sit next to the prosecutor so the accused could put a face and name to the person to whom he was being forced to pay restitution.

Nice.

I'm thinking if I had to go, you're not going to get out of it. You actually saw something useful.

reply to post by nerbot


I couldn't see him clearly enough to say if he had blood or not but from what he told police he knocked after the murder so he did have blood on him. If I had known him better I would have answered the door. Not to mention the fact he had just gotten out of jail for assault before moving up this way. No thanks I felt no need to speak to him.

reply to post by charles1952

reply to post by JustSlowlyBackAway


Yeah I realize it puts a timeline on events. I just don't want to go. I will have to get on the stand and say what I saw even though I don't find it all that important. Hopefully they will get to me quick and I can get home to my cows I'm sure they will miss me lol.

If you just got murdered...

Would you want me to testify in your favor in hopes of putting your murderer away?

I would for you, even if you wouldn't for me.

But a few days in court? This seems senseless....
Shouldn't 10minutes be plenty? Considering this is all you know?

Oh well, good luck.

Originally posted by drivers1492
reply to post by nerbot

 

I couldn't see him clearly enough to say if he had blood or not but from what he told police he knocked after the murder so he did have blood on him. If I had known him better I would have answered the door. Not to mention the fact he had just gotten out of jail for assault before moving up this way. No thanks I felt no need to speak to him.

Was any blood left on your door?
Did the police check?

Well, considering how clear cut this case is...it's probably overkill even having you testify.
Formalities formalities ...

reply to post by muzzleflash


I wasn't contacted until around 8 months after it happened. Thats the first time the police ever spoke to me or came on my property. There wasn't any blood or anything that I saw or took notice of. But, I also have 4 atv's parked there covered in mud most of the time so its not the cleanest carport.

I wouldn't have any problem giving a disposition or getting on the stand if they said hey man on wed. we need you to testify it will take a couple hours. But, thats not what I was told. Basically I have to show up mon. morning and if it takes until thurs. to get to my part I will be there all day everyday. Makes zero sense.

Originally posted by drivers1492
Basically I have to show up mon. morning and if it takes until thurs. to get to my part I will be there all day everyday. Makes zero sense.

Ah ok.

It is because they have no clue if this thing will be clear cut or if major issues will come up and it can take days.

I think after you are called to the stand to testify that you can probably leave.
Ask the DA first though to make sure.

Here is the wiki on Depositions, and it explains how it works pretty well. Also it explains why you are probably stuck having to give your account in person on the stand, but I am not sure on the specifics of your state you will have to dig into that.

I had to testify in a wrongful death trial. It is nerve-wracking and a hassle.

No way out of it, though. You may find that they only need you for a day or two. Sometimes we have to take part in the judicial process, through no fault of our own.

Does it suck? Yes. Should you try to get out of it? No, absolutely not. Plus, by trying to squirm out, renewed interest may be placed on you, in that the law may think you know or saw more than you do or did.

Just do the right thing, it'll pass soon enough.

reply to post by muzzleflash


I did do some reading and I'm pretty well stuck. I'm not sure what the defense is going for in the case. He admitted what happened although I think his spin was self defense. Thanks for the info, it's just looking to be a long week coming up.

reply to post by FissionSurplus


I suppose that's true. Going to install a game or two on the phone and hopefully I can play endless mind numbing games of pong or something. I hate to sound so uncaring about it all but I just want them to let me say my piece and go I have no other dog in that race.

reply to post by drivers1492


Ok since you don't know what the Defense is up to, I want to caution you against potential surprises here.

Prepare yourself mentally, and remember don't say more than you need to. Be very short and concise and don't say anything extra that can allow them to trap you into something. These lawyers can get tricky so just stay calm and be prepared.

Anticipate potential twists.
Although odds are nothing like this will happen, better safe than sorry.

Do not be afraid to answer "I dont know", or "I dont recall", if that is the truth.
Always stick with the truth as you know it and you will be fine.

reply to post by muzzleflash


Thanks. I won't have an issue with I don't know cause I really don't remember much about what all happened. Just general time's and him being here round 2am. I have no worries about the actual testimony though but we will see how it goes.

Originally posted by drivers1492
reply to post by muzzleflash

 

Thanks. I won't have an issue with I don't know cause I really don't remember much about what all happened. Just general time's and him being here round 2am. I have no worries about the actual testimony though but we will see how it goes.

Sweet.

Will you keep us updated on how things develop if you don't mind?
I expect it will work out normally but you never know.

First tip, don't post about it or solicit advice about your testimony on a public forum.

After the trial, say its guilty, and it later comes out that a witness had done such a thing, it could be grounds for a new trial or out right dismissal of the charges...

so if you want to get out of it, tell the DA you did that.

reply to post by muzzleflash


Sure thing I will post here as it progresses. Thanks for the interest.

reply to post by benrl


I really can't see how me speaking to a couple people at the store or on here about whats going on would be an issue. I haven't asked for advice only others experiences in the same situations. Nothing I have spoke of here is anything that isn't common knowledge to anyone that is aware of the case around here.

Well the trial never got started. They did jury selection, had some meetings on some evidence being allowed, and when the evidence was deemed admissible he took a plea deal. He is going to serve 13 years without early release terms and 7 on parole when he gets out.