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To: snarkytart

I still think this is what's gonna happen.
DA, "I object Your Honor! The rape charges have been dropped. Any testimony or evidence regarding those charges are no longer pertinent to this trial."


150 posted on 01/15/2007 2:58:09 PM PST by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: Dr. Bogus Pachysandra
DA, "I object Your Honor! The rape charges have been dropped. Any testimony or evidence regarding those charges are no longer pertinent to this trial."

If Nifong were still prosecutor and the case went to trial, I would expect something like that. Though I'm not sure whether the defense attorneys would get a chance to respond before the judge bellowed out "OVERRULED!"

The goal of rape-shield laws is to prevent a defense attorney from arguing that a woman who is 'easy' lacks the moral fiber to be a truthful witness, and to prevent a defense attorney from salting the wounds of a woman who (if the charges have any merit) has already been through Hell.

Had CGM told the truth from the start about having turned tricks shortly before going to the party, the prosecution might have been able to argue for the exclusion of those statements and the DNA supporting them. But CGM lied. While being a loose woman might not relate directly to CGM's credibility, lying about it certainly does.

Further, if Nifong introduced any testimony about CGM's "injuries", that would make relevant any alternate explanations for how she got them. I'm not sure what the rules would be if Nifong declined to introduce any discussion of "injuries" but the defense wanted to introduce it to show how trivial they were.

In any case, the rape-shield laws aren't going to protect CGM from embarassment, but that doesn't mean Nifong wouldn't have tried, were he still the prosecutor. I would hope, though, the case would be dropped before trial rendering the issue moot.

160 posted on 01/15/2007 6:02:10 PM PST by supercat (Sony delenda est.)
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To: Dr. Bogus Pachysandra
still think this is what's gonna happen.
DA, "I object Your Honor! The rape charges have been dropped. Any testimony or evidence regarding those charges are no longer pertinent to this trial."
____

What? Noway will this be left out if there is a trial. Of course the judge will allow the accusers written statement that she was raped in as evidence. It goes to impeachment and credibility of the accuser.
I do not know why people think because the LAX players are no longer charged with rape all the statements about rape are now not allowed.
180 posted on 01/16/2007 2:28:21 AM PST by snarkytart
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