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To: CaptainMorgantown
She doesn’t get to be an active part of the defense team in the original trial and then claim that her religious ‘faith’ won’t allow her to get on the witness stand and give honest answers to a few questions about whether the defendant had a vigorous defense.

I think she does. The defense was a public event in the courtroom, with a complete transcript retained. Her testimony has no unique value for this phase of the case. It takes an exceptional situation to override a constitutional right, and that burden is not met in this case. I don't see a conflict between actively working in court to prevent an execution and refusing to testify in the same court on the quality of the defense, not when that testimony would aid in deciding for the death penalty.

12 posted on 03/01/2018 5:49:25 PM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: Pollster1

If she elected to be on the witness list for the first trial, then she gave up the right to not be a participant. Witnesses don’t get to pick and choose to answer only the questions that will help their favored side.


14 posted on 03/01/2018 6:09:24 PM PST by CaptainMorgantown
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To: Pollster1

IANAL but I have to disagree — I’d expect her transcribed testimony to be the basis for questions on her participation in the original defense. Her answers to those questions are new and unique information that only she can provide. Her answers would bear directly on the claim of an inadequate defense.


19 posted on 03/01/2018 8:21:02 PM PST by Bob (Damn, the democrats haven't been this upset since Republicans freed their slaves.)
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