Can I do a mistrial, or can I prove that an answer I was baited to make does not constitute wether there was truly self defense
I went to jury trial on the 21st. For bicycling under the influence. My witness played down the sucker punch he threw me as somehow playful and us being best friends. (No he is a coward) He told me before he testified he did not remember punching me that night, having blacked out. So he may have been repeating what he heard. I have bent glasses on tape and they break at the jail, good proof I was punched. Can I remove his testimony somehow? The PD I had never even mentioned the key evidence, the glasses which would have served me better than the drunk of a witness. The judge threw out self defense, because the prosecutor asked many questions, leading up to “if I felt I was in imminent danger”, I was tired and said no, but at this point, I knew that by hindsight the first punch was the last punch and that I escaped on my bike, into an officer’s custody under a minute later. The witness stated he was making belligerent remarks until I left, so I’m irked that a response the DA expected Me to make, and anyone would make in the context of hindsight ruined my defense: necessity/justification/self defense.
I may be able to get the witness to admit on cell phone camera he didn’t remember
I may be able to get the witness to admit on cell phone camera he didn’t remember
Traffic Lawyer Richard Simon’s Answer
You are commenting on all of this evidence that is unrelated to bicycling under the influence. I will ask you to modify your question if you were charged with more. If you were not then all of this other testimony does not matter a hill of beans to your case. The question for the case is, were you drunk on the bike or not. Having stated that you blacked out, I am guessing you were drunk and the rest of this does not matter to the case. Also, if the trial is over, you have very few remedies now to overturn a conviction.