Welcome back! Let me first explain the term "Brady". In my blogs - it is about evidence which tends to impeach the complainant or to make it seem like she is not telling the truth. (It means much more than that - but just that for here.) That is for my non-lawyer friends who like to read my rants.
Remember I asked for Brady. I begged for it. I was admonished about my self righteous attitude because of my demands. I asked for PNDL1 (see prior blogs) & others to listen to the testimony because sometimes, you can just smell a rat. This courtroom smelled badly!
So, I'm getting ready to call the c/w back to the stand to set her up for the takedown. If my lawyer friends can believe this, a Children's Assessment Center (CAC) cop actually took & KEPT handwritten notes of his & the current prosecutrix on the case meeting with the c/w (complaining witness) mother! And I did ask I always do - asked for them to be preserved & turned over. (Course, I had asked & asked & asked . . . for Brady - got squat.)
I get hung up a lot when I write, don't I?! My memory causes me to get angry. This was NOT a good, fair battle.
Anyway, prosecutrix (PNDL not worthy of a number) keeps looking down her uppity nose at me & telling the Court in her snitty, shitty way how she has no Brady when I tell the Court I want to bring up that damn past stuff I keep trying to bring up all trial. (I can hear the breath of disgust now.)
Court: You keep talking about the mother... ME: I have to ask [c/w], first, & then I'll ask the mother. (We have to have the liar, uh, c/w deny before we can impeach with another witness.) Court: You have a good faith basis for believing that [mother] on numerous times, asked her daughter [c/w] if she had been sexually abused and she denied it? (Notice - my integrity is being questioned after Court got perturbed when I wanted to put prosecutrix on the stand, under oath. Oh, well. I am what they consider a scum-sucking bottom dwelling criminal defense lawyer - especially when they get CAUGHT RED-HANDED!!!!!)
ME: Yes, Your Honor (so sweeeettt) based on the notes from this officer when he interviewed her, which has not been disclosed to me. That's Brady. (Imagine me hmphing and prissing around the courtroom - I do tend to get a little uppity myself when I am lied to, disbelieved, & treated like trash - but I have proof - I am RIGHT!) Prosecutrix: (in a sweet, give me chill bumps, little girl voice): It's Brady that mom asked her if she had ever been abused? (Me: DUUUUUHHHHHH. As if she is saying she is so cute that we should expect her blonde butt to be dumb - that's what I thought when I said): And she was, Judge, and she did not outcry.
Court: That's cross examination material. That's Brady. I'm going to ask it be revealed to the defendant. little ms liar prosecutrix: She's had it for two days (leaving out that I've been asking for it for a year!) Court: Is there anything else like that that's a serious point? That's a pretty serious point. That's classic Brady material. And you apparently were present when she discussed that. (I had already told the court SHE WAS, and she admitted it.) [At this point, the Court gets on her a little - and I say]: There a lot of this, Judge. This is why again, I keep askiing for the prosecutors' notes. Because I firmly believe there are a lot of these kinds of things, based on the stuff I'm getting on these notes, which I didn't get until after he testifed (and I reserved my cross - which means I got the notes I asked for all year at the LAST possible second.)
I'll make this a short one & stop with that. You would think at this point - after catching the little liar in a big one, that my word would be gold & I'd be on easy street for the rest of the trial. But you be thinking WRONG. Are you kidding?! This judge is all about the conviction.
Ms. PNDL - do you remember this trial? Would you like to start 'splaining now? You can't, can you - because it was nothing but a railroad attempt. Luckily, even as I was beginning to get sick, I was not going to let this man down. I was not going to let them win. I fought hard. Stay tuned.