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Not Your Average Domestic Violence Case

An unnamed woman had previously claimed in New York that her boyfriend called her more than 300 times from jail. She testified to this before a grand jury. The purpose of the phone calls were to intimidate her into refusing to testify against him at the time of trial.

The case is entitled People v. Smith. It is pending in Brooklyn before Justice D’Emic.

Grand Jury Testimony To Be Used At Trial

The woman involved was so intimated by these phone calls and the treats made in these phone calls that she is no longer willing to cooperate with the district attorney and testify at trial.

Although the principal means by which the credibility of witnesses is tested is cross-examination, there will be no cross examination in the trial of Daryl Smith. The woman who has accused him will not be testifying. Her grand jury testimony will instead be read into the records.

Judge D’Emic has stated the “the law recognizes that when an accused procures the silence of a witness against him he should not be permitted to gain from his wrong.” The judge also stated “the court has been shown by clear and convincing evidence that the wrong doing of the defendant has caused the victim to stop cooperating with the prosecution.”

Mr. Smith will be tried without any witnesses testifying against him. Only the grand jury minutes of his accusers testimony will be submitted to the jury.

Our office is experienced in handling all types of criminal cases, including domestic violence, misdemeanors, felonies, juvenile defense, bail, white collar crime and DWI’s. Call us if you need assistance at 1-800-344-6431 or contact us be email.

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