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Posted: 11/27/2003 5:33:09 PM EDT
this young boy who is accusing Michael Jackson of molesting him, ends up dying of cancer prior to the trial date?

Does the prosecution video tape this boy's statement?

How will the defense react when they won't be able to cross examine THE witness during the actual trial?

The talking heads are reporting that this boy is "very ill". He could very well die prior to the trial date. You KNOW M.J.'s lawyers are going to delay the trial as long as possible for just this reason.

What can be done?

Link Posted: 11/27/2003 5:40:01 PM EDT
Now, I have a question. What kind of dumb-assed parents allowed their child to spend time with him in the first place???
Link Posted: 11/27/2003 5:43:49 PM EDT
Originally Posted By Valkyre: Now, I have a question. What kind of dumb-assed parents allowed their child to spend time with him in the first place???
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money hungry ones
Link Posted: 11/27/2003 5:50:36 PM EDT
Originally Posted By Red_Beard:
Originally Posted By Valkyre: Now, I have a question. What kind of dumb-assed parents allowed their child to spend time with him in the first place???
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money hungry ones
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You're right. I don't know, some might just be extremely naive. The parents are horrible - I feel bad for the kids.
Link Posted: 11/27/2003 7:38:22 PM EDT
Anybody wanna try and answer the original question?
Link Posted: 11/27/2003 7:54:15 PM EDT
Okay, I'll try to answer the original question. The accused has the upper hand. I believe that the procedural tools that the defense has cannot be stripped away simply due to the fact that the accuser (or actually, the accuser's main witness) might pass while the process takes place. But the video-taped testimony (and you know it already exists) will be available, and may very well be presented to the jury. It really boils down to the judge who, in the end, hears the case, as well as the judges who hear the ensuing appeals. In summation, if the child who has made the charge does indeed die (god above forbid) before the trial, it is up to the living to decide what happens next. Let's hope that justice is done, whatever it happens to be.
Link Posted: 11/27/2003 8:07:18 PM EDT
[Last Edit: 11/27/2003 8:17:34 PM EDT by FLAL1A]
Unless Ca. has nearly unique and very primitive rules on these matters, there are likely two options should such a scenario develop. In most states, the likely unavailability of a critical witness allows the proponent of that witness's testimony to either 1) accelerate the trial date or 2) take "deposition to perpetuate testimony," in which the witness is examined & cross-examined in the presence of the judge and the testimony recorded by video &/or transcription for later communication to the jury. [edited to add] Either option resolves the confrontation issue, as the witness is examined in the presence of the defendant.
Link Posted: 11/27/2003 8:12:42 PM EDT
Originally Posted By FAL_762: Okay, I'll try to answer the original question. The accused has the upper hand. I believe that the procedural tools that the defense has cannot be stripped away simply due to the fact that the accuser (or actually, the accuser's main witness) might pass while the process takes place. But the video-taped testimony (and you know it already exists) will be available, and may very well be presented to the jury. It really boils down to the judge who, in the end, hears the case, as well as the judges who hear the ensuing appeals. In summation, if the child who has made the charge does indeed die (god above forbid) before the trial, it is up to the living to decide what happens next. Let's hope that justice is done, whatever it happens to be.
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Not to mention setting up one hell of an appeal... 'Right to confront his accuser' and all...
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