Heated Exchange During Arguments Outside Jury Presence - NJ v. Michael Barisone Trial Day 2 | Summary and Q&A

TL;DR

The text message was not meant to prove if the defendant asked the victim to leave, but to show his state of mind and lack of self-defense. The defense objects to the text message's misleading impression.

Key Insights

• 😷 The text message in the trial was not meant to prove if the victim was asked to leave, but to establish the defendant's state of mind.
• 🌠 The defense argues that the text message creates a prejudicial impression that the defendant did nothing before the shooting, contradicting the prosecutor's claims.
• ❓ The defense objects to the text message being used as evidence since it misleads the jury about the defendant's actions.
• 🧍 The defense can choose to put their client on the stand but argues that the text message already creates a misleading impression.
• 🤙 Calling other witnesses to testify about the victim being told to leave would require them to testify directly, not through one witness.
• 👻 The judge denies allowing information from other people indirectly through one witness, considering it inappropriate and hearsay.
• 😷 The defense requests to ask the witness about when and how she asked the victim to leave, but not about information from other people.

Transcript

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Questions & Answers

Q: What was the purpose of the text message in the trial?

The purpose of the text message was to demonstrate the defendant's state of mind and lack of self-defense, not to establish whether the victim was asked to leave the property.

Q: Why does the defense object to the text message?

The defense objects because it creates a misleading impression that the defendant did not take any action before the shooting, which contradicts the prosecutor's argument about his lack of fear.

Q: Can the defense put their client on the stand?

The defense can choose to put their client on the stand, but it is not mandatory. The decision is up to them, and they argue that the text message already creates a misleading impression about their client's actions.

Q: Can other witnesses testify about whether the victim was told to leave?

Yes, the defense can call other witnesses to testify about whether the victim was asked to leave. However, bringing in the information from other people indirectly through one witness is considered inappropriate and inadmissible hearsay.

Summary & Key Takeaways

• The purpose of the text message was not to determine if the victim was asked to leave, but to establish the defendant's state of mind and lack of self-defense.

• The defense argues that the text message creates a prejudicial impression that the defendant did not take any action before the shooting, contrary to the prosecutor's claims.

• The defense objects to the text message being used as evidence, stating that it should not be interpreted as proof of whether the victim was informed to leave.