A kayaking video one of my buddies put together:
Sean and Dry Meadow Creek from Daniel Lund on Vimeo.
For some still images and other video clips, cut and paste this into your browswer:
http://s705.photobucket.com/albums/ww51/sangree99a/Dry%20Meadows%20Creek%203%2021%2009/
Thursday, March 26, 2009
Wednesday, March 04, 2009
Witnesses
My job would be a whole lot simpler if it weren't for this whole pesky witness thing. I realize saying that is probably akin to any tradesman denigrating the tools of his trade, but it's true. Witnesses often make or break the case, and the problem is that they're so dang unpredictable! After all, we're talking about people here. A bad witness, in particular, can be a bane or boon. It all depends on whose witness they are. I've seen both sides in my trial the last couple of days:
Exhibit A: Bad witness sabotaging Sean's case
Court Clerk (to W): "Do you solemnly swear to tell the truth, the whole truth, etc..."
Sean's star witness: "I got nothing to say."
Sean to himself: (Wonderful. here we go...)
The witness then proceeded to flatly deny anything and everything connecting him/her to the case, including talking to the cops, identifying the suspects, or even meeting with me one week prior. We call this "going sideways" on the stand. I was hopeful that this witness would find the courage to testify truthfully despite receiving threats from the juvenile defendant's "homies" not to do so, but alas, it was not to be. It's unfortunate that the gang mentality of intimidation actually works on many members of the community.
Exhibit B: Bad witness bolstering Sean's case
Defense's star alibi witness: "Yeah, they've arrested the wrong kid! My pal here was with me the whole night..."
Sean on cross-examination: "You're close friends with this guy aren't you?"
Defense W: "yeah"
Sean: "Would you lie to keep a friend out of trouble?"
Defense W (hesitating): No
Sean: "You wouldn't bend the truth even a little if it meant your close friend would avoid getting in trouble?"
Defense W (more hesitation): "I can't answer that."
Sean: "It would depend on the circumstances wouldn't it?"
This was the second person in as many days I personally observed perjure themselves on the witness stand. I find it odd that people who are willing to lie about the facts of a case don't also lie about the fact that they're not telling the truth. Apparently even liars have a sort of moral compunction or code of ethics about which types of lies are okay.
Additionally, one has to wonder about the credibility of a defense which conflicts with the suspect's own prior alibi statement, and which is presented for the first time right before the trial is about to conclude, on a case which is has been pending for close to two months.
Scripture has a lot to say about false and lying witnesses. No longer are those verses purely conceptual. I've seen how the cause of justice is threatened when people ignore their duty and their oaths.
Exhibit A: Bad witness sabotaging Sean's case
Court Clerk (to W): "Do you solemnly swear to tell the truth, the whole truth, etc..."
Sean's star witness: "I got nothing to say."
Sean to himself: (Wonderful. here we go...)
The witness then proceeded to flatly deny anything and everything connecting him/her to the case, including talking to the cops, identifying the suspects, or even meeting with me one week prior. We call this "going sideways" on the stand. I was hopeful that this witness would find the courage to testify truthfully despite receiving threats from the juvenile defendant's "homies" not to do so, but alas, it was not to be. It's unfortunate that the gang mentality of intimidation actually works on many members of the community.
Exhibit B: Bad witness bolstering Sean's case
Defense's star alibi witness: "Yeah, they've arrested the wrong kid! My pal here was with me the whole night..."
Sean on cross-examination: "You're close friends with this guy aren't you?"
Defense W: "yeah"
Sean: "Would you lie to keep a friend out of trouble?"
Defense W (hesitating): No
Sean: "You wouldn't bend the truth even a little if it meant your close friend would avoid getting in trouble?"
Defense W (more hesitation): "I can't answer that."
Sean: "It would depend on the circumstances wouldn't it?"
This was the second person in as many days I personally observed perjure themselves on the witness stand. I find it odd that people who are willing to lie about the facts of a case don't also lie about the fact that they're not telling the truth. Apparently even liars have a sort of moral compunction or code of ethics about which types of lies are okay.
Additionally, one has to wonder about the credibility of a defense which conflicts with the suspect's own prior alibi statement, and which is presented for the first time right before the trial is about to conclude, on a case which is has been pending for close to two months.
Scripture has a lot to say about false and lying witnesses. No longer are those verses purely conceptual. I've seen how the cause of justice is threatened when people ignore their duty and their oaths.
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