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Old 08-15-2014, 05:29 PM   #376
digamma
Torchbearer
 
Join Date: Sep 2001
Location: On Lake Harriet
Quote:
There's no way potential evidence of the origin of the confrontation doesn't get in, unless it's really clear that the confrontation started for some completely different reason from both perspectives.

There's really clear evidence that the confrontation started for a different reason. The police today said the officer had no knowledge of the robbery and stopped them for some other reason. And of course, the defense may try to get it in. Maybe they should try to get it in. Granted I've only done two criminal trials in my life time and those were both about 13 years ago, but I don't see this one as a very close call.

The pretty simple comparison here, while not perfect, is to the rape defendant who wants to put on evidence that the victim slept with a guy down the street the day before. Most courts aren't going to come close to allowing that to be admitted.
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