Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“I think there’s a couple of other things that I am going to want to know what a jury thinks about. In a criminal case, a defendant does not have to testify. And commonly a defendant does not testify. And I want to know, from a jury panel, how they feel about that…are they going to be able to view the evidence fairly when we all want to hear the defendant’s story. Right? That’s human nature. If I don’t hear your story, how am I going to? But can you hold the State to the standard of ‘proving the case beyond a reasonable doubt’ if you don’t hear from the defendant. It’s something really important to cover in jury selection.”
Ray Hrdlicka – Host – Attorneys.Media
“Okay. You actually raised a point. The norm is not to have the defendant testify. Have you ever done that?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“Have I ever had a defendant testify?”
Ray Hrdlicka – Host – Attorneys.Media
“Yes.”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“I have. For sure.”
Ray Hrdlicka – Host – Attorneys.Media
“What was the difference in that case?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It’s happened a number of times, actually. But percentage wise, maybe only ten percent of the time. Every case is case specific. In one of the cases that I handled, it was a pretty brutal assault case. My client insisted on testifying. But he testified well. So, in those decisions…the concern about having your client testify could be how do they hold up under cross examination by the prosecutor. These prosecutors are smart, they’re experienced in court. Right? They’re experienced in trying to ask questions to upset you, to confuse you, make you trip. It’s not even about ‘is the defendant lying?’ It’s can you make them portray like they’re trying to hide something or lying. And that’s hard to deal with. If your client isn’t confident that they can handle that, then it’s tough to have them testify. But sometimes, the only version of the events can come from the defendant. So, you have to balance it that way.”
Ray Hrdlicka – Host – Attorneys.Media
“Again, case specific…what you’re talking about.”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It is case specific. And it is also one of issues that is solely within my client’s discretion. Like we talked earlier about how my client is the one who decides whether or not to take a deal…my client is the one who decides whether or not to testify. I can give him my advice, but under the constitution it’s my client’s decision.”
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