First I want to thank all the mothers as I read the posts daily and find great comfort from all of you. I would like to know if anyone has encountered this. While discussing the trial for my daughter Lisa I was telling the crime victim advocate that sometimes the DA will pursue the death penalty when their is a possibility of a mental plea involved. This is a tactic to "weight" the jury in favor of the victim. Jurors that are able to come to that type of a decision are less likely to "buy into" an insanity plea and see the murderer for the vile scum that they are (I love animals & I would never compare this piece of s*** with them). While that is true I was told of a tactic that defense attorneys use to keep the mother from attending the trial as the mother has the most impact to the jury as far as family involved. The defense can list the mother as a witness and put her at the bottom of the witness list if only to ask if the victim was your daughter and your relationship to/with her. This way the mother is kept out of the entire trial and the jury will only see her briefly on the witness stand. Criminals are the only citizens in the wonderful US OF A that are entitled to the 8th amendment when it comes to health care--which is cruel & unusual punishment which I assume some bleeding hearts (who have never lost a child to a violent death) twisted the amendment to include denial of health care in prison to be cruel and unusual. It has gotten so out of hand that when someone needs an organ transplant they will commit a crime so they will be put to the top of the list and moved ahead of all other donors. This was information a local state representative told me he sees happen all the time. So because we are not criminals not only is our health care discriminated against but our right to be our child's voice and representation and right to see justice served? Cruel & Unusual--most definitely. I am beginning to see how few rights we now have and this is just the beginning for our family. I was just wondering if anyone else had heard of this or experienced this. My brother tells me he always sees parents in the court room but I am not interested in "Boston Legal" and would like to know what to expect. Thanks and Love to All.
Is that the way it really is as far as the mother being a witness? I was told by our prosecutor that I might be called as a witness due to the fact that I was with my son the night before his murder. So does that mean I will be kept out of the entire trial? Oh God, I hope not. I need to be there and the voice for my son. Yes, the justice system sucks. I just don't get it. I have heard some horror stories from other parents. VICTIMS HAVE NO RIGHTS! So unfair. Take care Laura. My heart and prayers are with you always.
I was told that when the prosecution calls a witness--a parent--they will call them first so that you will be there for the entire trial with the exception of the opening arguments. It is my understanding that once you have testified then you will be "allowed" to remain for the rest of the trial. It is only when the defense puts you on the witness list, as their turn is after the prosecution, that you are kept away from your rights as a parent and a citizen and to represent your child. My advocate told me to ask the DA many questions and keep in contact with them as far as where they were at, what the status was, witnesses, etc. so the number of "surprises" are minimal. She said there would still be many surprises and it will be very difficult but you more you know ahead of time the more prepared you can be. My crime advocate lost her daughter to murder and is now a counselor so she has been through the process. My daughter was attending college out of town when she was murdered, randomly, and my testimony would have no bearing on this case whatsover for the defense except to keep me away from the jury. The defense attorney is a woman and shares my daughters name which just sickens me. And then to think that as a woman and perhaps a "mother", of which kind remains to be seen, that "it" could sink to depths unimagineable to our family.
I have been waiting 7 and 1/2 years for trial because the defendant conveniently becomes"incompetent" every time we get the ball rolling and then we spend 2 years or so on his so called mental illness. But, to address what you wrote about, I too was told by the prosecution that they would call me as their witness first so that I could be present in the courtroom. I'm wondering whether a person can be a witness for both sides? As you said, you have nothing to offer the defense that they couldn't establish in cross examination. I'd ask your prosecutor, I've never heard of this although I have heard of them keeping a mother out of the courtroom. Keep us posted.
I had to stay out of the courtroom for awhile because the DA decided to call me. Then the defence attorney questioned me, after that the judge asked the DA and the defence attorney if they planned on calling me back. Both said no and then I stayed in the courtroom. The next day the DA decided she wanted me back on the stand because a neighbor of mine was going to testify against Jim, I had witnessed what happened. But the woman was so unbelievable the DA called me back in and I didn't have to testify again. My sister told me she was glad I had to leave for awhile because the two witnesses that testified against Jim were such liars it just made her sick. The thing is if the defence attorney tells the judge he wants to be able to re call you, you can not be in the courtroom, and then they can decide at any point in time they really don't need to call you back. But here is the thing the defence attorney does not want the jury to think she is treating the family badly wouldn't look so good for them. I can tell you, you are all right when you say our children have no rights when it comes to the trial. The DA in Jimmy's case was not even allowed to show a picture of him to the jury. Every thing is about the rights of the murderer, he gets to wear his street clothes and by no means do we want the jury to see him cuffed up so those are left off. Yes our justice system sucks the big one.
So before I make a chapter out of this I will just say I hope with all my heart everything works out for all of you who are still waiting for some peace of mind, because no matter what we will never see justice. The only true justice is if our children could come back to us.
Much love and many prayers
Oh I hope that is not true. I hope for your sake that it isn't a tactic they use. We are still waiting for our case to be presented to the DA. They are still investigating her death. Almost two months later and they are still investigating. I hope that you get to be there for the jury to see you. I hope you get to be her voice. It is ridiculous that they get so many rights. Seven years? What is wrong with this system? Did our children get someone to intervene on their behalves and say that they shouldn't be murdered because it violated their rights? It makes me so angry to think that my daughter didn't get a chance for an objection or an appeal or anything else but he should? My heart just breaks for the mother's who are going through this right now. I will lift you up in my prayers. My heart breaks for you. Our children's voices deserve to be heard. They cannot speak for themselves and we should not be kept out.
I'm sorry I cry when I read these posts. My son's murderer is still unknown and I want so bad to see justice done, but when I hear the horrors you go thru with trial I cringe to think I'd have to go thru this, but I don't want them to get off and have a life free and all, when my son was killed by them for no reason, why he was there at the wrong time?? Why is life so unfair????? i'm so sorry you all have to go thru he** for the sake of your children and knowing this makes me sick to my stomach that this happens.
I too am on the witness list for my son's trial.
In the state of Montana, they have told us that they put everyone that could possibly be called on the witness list, that doesn't mean they will call you.
But in our case they have told us that if we were to be called, they would meet with the lawyers and judge seperatley so we could be at the trial.
What defense in their right mind would want a grieving family to testify anyway?!? I think the only thing any of us would do would be to hurt the defense case. I would pitch the biggest hissy fit if they tried to keep me out of the courtroom!
My sons soon to be tried for his murder, won't even look at me when she enters the court room for her stupid lawyers motions, because I won't back down to her, I think at first she thought that she could make me look away but I don't and I also make sure she feels me staring at her all through the hearing.
Her family will give me evil looks but I give them right back and don't give them an inch.
I am not saying that I don't break down after but never, never in front of any of them! Fight for what you have left and don't let anyone step on your toes, because that is all we have left is beautiful memories and the fight for justice for what these things took away from us. Always, Always remember we are here for you and will support you through battle after battle!
Thoughts & Prayers,
Connie Marchant(Justin's mom)
We plan on talking to the DA in the next couple days and that is why we were asking in hopes to have a better direction with our questions or questions we might not have thought of. Lorre said that she has heard of them keeping a mother out of the court room...besides this lowlife witness tactic...what other reason could they possibly have for not allowing the mother in..also with the exception of when they are showing the crime scene, etc. I was trying to build up enough strength for when the trial comes...if my prayers that someone doesn't kill him first don't come true...and now I am hearing that I could be denied the my right to be there. Thanks for all your help or if anyone else has any info. Love to all...Stay Strong.
Laura, Vic & Our Girls
Can the DA call you as a witness first? Maybe have you on their list and have you first so that the defense would have to ask their questions then and let you be there for the rest of court? I have no idea how this all works. Just that it seems to work in favor of the evil who do the crimes.
I don't know of any other reason that a mother could be kept out of the courtroom. The DA in Jim's case wanted me in the courtroom and the defense would have looked really bad in the eyes of the jury if he had said he wanted to be able to recall me and then didn't. I think that any defense attorney would know how bad it would look for them if they pull anything like that on a MOM. I was called by the DA first so I could stay in the courtroom after being questioned, but then she thought she would need me to testify again and I had to go back out and wait until the woman who I was to testify against was questioned. Before the trial even starts the attorneys have their witness list made up and have decided when everyone will be called. If you have to testify against someone you will have to wait until that person has testified. I testified mostly I believe just so the jury could get a good look at me, hear my voice and see the pain I am going through just a little tactic from the DA.
Hope this helps
God Bless you all
Jimmy’s Mom Shirley
My Gosh, Sometimes I print the posts and mail them to Chris. This one is going directly to her. I had no idea about all this and I'm sure Chris doesn't either. It's 7 months tomorrow they murdered John and every single time Chris goes to Court she see the two that killed him sitting there. The DA, actually Chris told me nobody wants to tell her anything they don't make time for her John is white on our side of the family and Chris is American Mexican. She thinks because she is in Arizona they are prejudice against her even though she was born in Phoenix and so were her parents. Anyway, I want to know everything I can from you Moms, I have to try and Help Chris. If they don't let her in the court room I think she will go crazy. I plan on going when it starts. I have to stand up for my brother. He wrote to my yesterday. On the back of the envelope it said: ATTN: Mr Postman if this letter doesn't meet it's Destination please forward it to Heaven, because it was meant for an Angel. Thank you JR Wade. I'm sorry I'm way off base here. But please keep posting this type information.
We that don't know have to find out something.
You Moms are the greatest. I'm trying to sober up.
You are the only ones who know I'm drinking.
ok ok ok I'll shut up. I always feel guilty when I post because it seems I have so much to say.
God night John Boy