Tough to Claim Self Defense if You Don't Testify

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KLB
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Tough to Claim Self Defense if You Don't Testify

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Post by KLB »

Defendant on trial for shooting of another wants to rely on self defense but also wants to rely on his 5th Amendment right not to testify against myself. In this case, at least, that was too tough a row to hoe.
Vasquez was tried on a charge of murder. At trial his attorney argued that Vasquez shot Walker in self-defense. Vasquez himself did not testify at trial. Although I have no knowledge of Vasquez criminal history, it is common for defendants with such a history to avoid taking the witness stand because doing so allows that history into evidence and before the jury.
At the close of trial Vasquez’ lawyer requested a jury instruction on self-defense, but the trial judge declined this request. The reason for declining the request was that there had been no evidence at trial that Vasquez’ possessed a fear of deadly force harm from Walker. Such a fear would be required in order to justify Vasquez use of deadly force as lawful self-defense, and so evidence of such a fear would be required before the jury could reasonably be instructed on self-defense as a path to acquittal.

https://legalinsurrection.com/2018/12/l ... ore-268483
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bbhack
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Re: Tough to Claim Self Defense if You Don't Testify

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Post by bbhack »

Somewhere in America there is the worst criminal defense lawyer. And someone has hired him.
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Jusme
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Re: Tough to Claim Self Defense if You Don't Testify

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Post by Jusme »

bbhack wrote: Thu Dec 20, 2018 1:50 am Somewhere in America there is the worst criminal defense lawyer. And someone has hired him.
I don't know that you can blame the defense attorney. Based on the synopsis of the case. It sounds like the defendant, repeatedly escalated the altercation, and had opportunity to leave, unimpeded. He started the fight, and then introduced deadly force, when he was struck back. I don't know what evidence could have been presented, even if he testified, that would have swayed the verdict. JMHO
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