Medical Records as Evidence

What is the name of your state (only U.S. law)? Texas

If there is a more appropriate forum, please tell me.

I am trying to decide whether or not to accept the deferred prosectution agreement that was offered for assauly with injury charge. I am innocent. They have no proof of anything beyond a police report, which states there were no marks or bruises, and my 911 call which I made myself and was perfectly calm making no incremenating statements. I am leaning towards a jury trial as I know I am innocent and that there is no evidence.

As part of my trial strategy I told my lawyer, that my ex-girlfriend has been diagnosed bi-polar and bulemic, she was prone to fits, and was on medication for it at the time of the incident. She had been missing her medication. I feel this is very important in my case to help prove she was the aggressor.

My lawyer claims I cannot collect or use any medical evidence in a trial. Is this true!?!? Why? How am I suppose to defend myself and prove my ex-girlfriend is nutts and attacked me?

The evidence would be objected to as being improper character evidence in the first place and it would not be obtained from the Dr. under Doctor/patient privilege in the second.

The way you defend yourself is to testify as to what happened and/or cross examining what the other witnesses say. It does not help your case to know the other person goes into fits generally, you need to prove she had a fit that night and you had to defend yourself. How would you prove that?

So, all I can do is say "she attacked me" and she will say "he attacked me"?

Who do you think the jury will believe? A guy or a sobbing weeping girl? I already know who the police sided with.

Am I allowed to testify that she told me she had been diagnosed bipolar?
Or can I testify that she was in a bi-polar fit?
Or can I even say something like, "She frequently exhibited what I thought was abonormal behavior and over-reaction to situations?"

Would I be allowed to testify that - the reason she attacked me was because she was frustrated that I would not marry her until she addressed her disorder and in return, she decided she wanted me out of the house. When I refused to leave, believing I had a right to be there, after paying rent for a year and moving 4 times at her request, she attacked me. I mean, if that is really what happened, how can I get that across to the jury without being objected to all over the place.

Am I allowed to testify that she told me she had been diagnosed bipolar?

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Probably not. What would you want to prove with the testimony?

Or can I testify that she was in a bi-polar fit?

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Will you be able to be certified by the court as an expert to be able to give the opinion that she was in a bi-polar fit?

Or can I even say something like, "She frequently exhibited what I thought was abonormal behavior and over-reaction to situations?"

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This is an example of improper character evidence.

Would I be allowed to testify that - the reason she attacked me was because she was frustrated that I would not marry her until she addressed her disorder and in return, she decided she wanted me out of the house.

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You know what was in her mind? So, no you could not truthfully testify to that. You might be able to say we had an argument about you being unwilling to marry her until she got treatment and then she said she wanted you out of the house. Will that help you?

When I refused to leave, believing I had a right to be there, after paying rent for a year and moving 4 times at her request, she attacked me.

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You can certainly testify to this.

mean, if that is really what happened, how can I get that across to the jury without being objected to all over the place.

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Evidence is hard, and, subtle. That's what you have an attorney for. It is not your job to weave the tale, it's his.

tranquility said:

Evidence is hard, and, subtle.

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That's an understatement.

Sounds like someone has a case of the midterm blues.

brekehan said:

Am I allowed to testify that she told me she had been diagnosed bipolar?
Or can I testify that she was in a bi-polar fit?
Or can I even say something like, "She frequently exhibited what I thought was abonormal behavior and over-reaction to situations?"

Would I be allowed to testify that - the reason she attacked me was because she was frustrated that I would not marry her until she addressed her disorder and in return, she decided she wanted me out of the house. When I refused to leave, believing I had a right to be there, after paying rent for a year and moving 4 times at her request, she attacked me. I mean, if that is really what happened, how can I get that across to the jury without being objected to all over the place.

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If YOU KNOW and YOU BELIEVE you are innocent, then make this fact known and live it all thru the court. That will most definitely help you in this case...

It just seems like I should be allowed to tell the jury what happened. If I was to tell a friend or family member than that is easy enough, but it seems like I am completely limited in what I can tell a jury. There is so much more to a 7 year relationship that ends with a call to the police than "she hit me and I did everything in my power to be in the right, I called the police immediatly to diffuse the situation."

I'd love to go over what I can say or can't say with my lawyer. I want to know his plan of attack and what questions he is going to ask. I should be able to type something up in Word, send it to him, and have him take the appropriate details, throw out the dangerous ones, and edit things up, such that we have some plan of attack.

However, my lawyer told me today, when I asked, that he cannot do this, that it would be illegal and they would call it "rehersing the testomony." I don't understand this. If I was representing myself, I'd sure as hell write every question and expected response down and go over it. How can he know what to ask if I can't go over any background with him? I can't trust a stranger to know all the appriate details and ask the right questions no matter what his educational background is. My lawyer has my money already, what's in it for him to win?

I think I am actually going to make a new post about this, because I am getting into the "how to prepare for a trial" questions. But feel free to respond here as well. I am checking frequently.