- Dołączono
- 7 Lip 2020
If it's used for a permissible purpose, this type of evidence is admissible in Texas. It seems that evidence of criminal acts can be used under Texas Rule of Evidence 404(b) for certain permissible purposes:Is this a valid legal strategy meant to convince the judge alone, or a possible tack for trial? Whinging about the 'black comic man who traced a table' does not seem a winning argument for the average jurist....
(b) Crimes, Wrongs, or Other Acts.
(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses; Notice in Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On timely request by a defendant in a criminal case, the prosecutor must provide reasonable notice before trial that the prosecution intends to introduce such evidence—other than that arising in the same transaction—in its case-in-chief.
Rule 404(a)(3)(A) may also be relevant:
In a criminal case, subject to the limitations in Rule 412 [Evidence of Previous Sexual Conduct in Criminal Cases], a defendant may offer evidence of a victim’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it
So the strategy may be to try and offer evidence of prior criminal activity to show something like a common plan or an intent to invite people to physically confront Eric. It may also be to offer evidence of a character trait of confronting people in real life that Eric has problems with, to show that Riley was just following through or something. Seems somewhat of a stretch, but a competent lawyer could make a passable argument depending on what evidence is available. If the argument is just "Eric was a gangbanger 20 years ago so he's a bad guy who was asking for it" then it's probably not gonna work. And a jury could nevertheless be shown the batshit crazy videos of Riley saying he's going to create such a scene around Eric that Eric will be forced to shoot him dead, so ultimately it might come down to guy who played up being a bad urban youth 20 years ago but is now a married Christian industrialist and successful employer vs. crazy smelly homeless looking creep who dragged a seemingly sex trafficked autistic girl to a place of business multiple times over months even after being told to stay away.
I am not a criminal defense attorney, though, so you'd have to ask someone like @Potentially Criminal whether it's a viable strategy (though, again, it probably depends on what evidence is actually out there). And even if it is, it's not like Eric July loses anything. It's just Riley and Juju losing money in order to brag to a dwindling audience watching the Biggest Pedophile in the Universe.