Preparing for rape trial

[ametha1]

We are preparing for a rape trial in the state of California. Please see my other post under false rape charges. I am wondering if we are able to take any proactive steps to prove that he is not the type of person to do this.....such as a psych exam, lie detector. We only have a public defender and so far she isn't doing much. He just got a form from an investigator. Any advice is appreciated.

 

[FlyingRon]

The "type of person" doesn't much matter. People of all types commit crimes.
Polygraphs won't be admissable, and a psych evaluation wouldn't get him off.

 

[CdwJava]

A polygraph and a psych exam MIGHT be helpful ... but, they might not. And, they might not even be allowed in if the prosecutor objects.

However, perhaps he can offer to do a polygraph with the state's chosen examiner ... they might like that - but not one of his choosing.

What is it you think the defense attorney should be doing? Looking busy does not mean being productive. I can LOOK busy without getting anything done at all.

If he does not like the way the attorney is handling the case, he can always raise the funds and hire his own attorney. Sadly, there are few options when you are of little means. And, the reality is that there is not often a lot that CAN be done before a trial of this nature - it really depends on the case and the type of defense to be made. Character is not so much an issue for the previously stated reasons - I can cite first hand accounts of otherwise stellar and upstanding citizens who were righteously convicted of rape and child molestation and everyone "KNEW" they were not capable of the acts they were accused of. So, character is hard to raise unless the prosecution makes it an issue somehow in their case.

All he can do is keep on his attorney for information on what she might be doing for his defense, and ask what he can do to help.

- Carl

 

[BoredAtty]

We are preparing for a rape trial in the state of California. Please see my other post under false rape charges. I am wondering if we are able to take any proactive steps to prove that he is not the type of person to do this.....such as a psych exam, lie detector. We only have a public defender and so far she isn't doing much. He just got a form from an investigator. Any advice is appreciated.

I'd let the lawyer handle strategy. Regardless of what it seems like to you, she is an expert (she went to law school, passed a bar exam, and likely has a rape trial or two under her belt).

As for presenting character evidence:

In a criminal trial, the defendant may introduce character evidence. However, once that can of worms is opened, the prosecution is free to rebut such evidence with its own evidence of the defendant's bad character.

Unless the defendant doesn't mind seeing all the people who ever hated him get up on the stand and tell the jury what a miserable SOB he is, it's generally not a good idea for a defendant to introduce character evidence.