W5 3b

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Please review the two signed statements from witnesses. One is from Dawn Dietz, the prosecutor’s witness, and the other is from Joe “The Fireman”, the defense’s witness.  Using these two witness statements and the facts provided to you in the week 1 discussion #2,  answer the following questions:

1) If you were the prosecutor, how would you discredit the potential testimony of Joe The Fireman?

2) If you were the defense attorney, how would you discredit the potential testimony of Dawn Dietz?

3) Discuss some of the conflicts in the statements made by both Dietz and Joe and the facts provided in week 1.

4)  What statements/testimony from the witnesses, the police officer and Mayo will be admissible and inadmissible? Discuss why.

PEOPLE OF THE STATE OF TEXAS, Plaintiff

VS.

Scott Mayo, Defendant

TYPE OF CASE-Criminal

SUMMARY OF FACTS

Scott Mayo worked as a bartender at The Local Watering Hole. One night at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen $1500.00. The argument heated up and, after Scowen picked up a beer bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol kept behind the bar and fired at Scowen, killing him. Mayo says Scowen told him, “I am going to kill you,” and what he believed was imminent danger from Scowen. Mayo was placed under arrest. He was not read his rights. He was transported to the local county jail. The prosecution witnesses are the police officer, who came to the scene and took statements from Mayo, and a frequent bar customer, Dawn Dietz, who witnessed some of what happened. The defense witnesses are the defendant, Mayo, and Joe, “the fireman”, who was outside and saw some of the action through the window while sitting on the patio.

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