October 2013 - Pg 4-Expert
Instead of having the evidence show that you shot the bad guy for some reason that the prosecution decides, you could have the DVDs played in your trial. As you know, the information on the DVDs would then educate the jury why what you did was legal and reasonable. As you learned from the DVDs, so could jury members. That information could go a long way in a self-defense trial.
As an example, I recently heard Mr. Ayoob explain on a podcast why he and his girlfriend have an AR-15 rifle with a collapsible stock as their home defense rifle. After explaining a number of points as to why, I could see a jury member listening and deciding why it is reasonable to do so. That is so, even if the jury member thought the infamous “black rifle” was an “instrument of war” before hearing the explanation.
Back at the trial, the questioning and cross-examination ended and Mr. Hayes was done testifying. All in all, I thought that Mr. Hayes did an outstanding job in making the jury understand what had occurred that night and why the self-defense defense should apply to Baker.
A Hung Jury
After three weeks of trial and over thirty hours of jury deliberations, the jury acquitted Baker on the four counts of attempted murder charges. Unfortunately, they were hung on the question of the first-degree murder charge. This meant that the jury could not decide whether Baker was innocent or guilty on those charges.
This also meant that Baker had to face the possibility of a brand new trial on the first-degree murder charges should the prosecutor decide to charge him again.
It turned out that the prosecution did decide to charge him again on the first-degree murder charges. The court had ordered the new trial to begin August 6, 2013. However, the case resolved itself after Baker and the prosecution agreed on a plea bargain to a lesser charge. This saved Baker from further incarceration and legal expenses. I believe that the prosecution did not want to face a second acquittal given the legal team and their expert, Marty Hayes.
After this experience, I am more confident in my decision to sell my students on the benefits of the ACLDN. While hopefully never having to use it, ACLDN members should know they have excellent resources available to them should they find themselves involved in a self-defense related event.
We extend a warm “Thank You” to Attorney Priebe for taking the time to observe the trial in Pueblo, CO and to get to know our Network President personally. When Priebe offered to write about his observations, we gratefully accepted, interested in details an observer from outside the case might bring out, as well as understanding the value of educating readers about what an expert witness can do to help the defense team.
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