Jesse Weber Dan Schorr & John Phillips Discuss the Steven Bourgoin Trial 05/13/19

TL;DR

The defense in a live trial is arguing for a mistrial due to a potential discovery violation regarding a witness's testimony, which could impact the expert analysis of the defendant's insanity plea.

Transcript

good morning everybody and welcome to lawn crime I'm Jesse Weber and joining me is long crime legal analyst dan schorr we're gonna break down the biggest live trials and legal stories in the news today we have a lot to cover so let's get started dan this is a big day for the defense because we saw Friday curious your thoughts if they're arguing ins... Read More

Key Insights

• ❓ Discovery violations can potentially impact the defense strategy and its expert analysis.
• 😒 The defense may use witness testimony to present unfavorable information on their terms.
• ❓ Different states have varying standards of proof for establishing insanity.
• ❓ Mistrials are not the only remedy for discovery violations; other options like adjournments or jury instructions can be considered.
• 😀 Insanity defenses face an uphill battle in the legal system, with rare successes.
• 💁 Expert opinions heavily rely on information provided during discovery.
• 👮 The court's decision on the mistrial request will center on local state law and how the court handles discovery issues.

Questions & Answers

Q: What is the defense claiming in the trial?

The defense argues that the prosecution failed to disclose important information regarding a witness's testimony about the defendant's knowledge of a wrong-way sign, which could impact their expert analysis of the defendant's insanity plea.

Q: What remedies could the court provide for the discovery violation?

Besides a mistrial, the court could offer an adjournment to give the defense more time for their expert to evaluate the additional information or instruct the jury on the impact of the violation.

Q: What significance does witness testimony hold in determining insanity?

Witness testimony, especially by an ex-girlfriend who had interaction with the defendant, is crucial for experts to evaluate and assess the defendant's state of mind, including his statements and actions immediately after the incident.

Q: How often is the insanity defense successful?

The insanity defense is rarely successful, and it is even more challenging to meet the burden of proof in cases where the death penalty is involved.

Summary & Key Takeaways

• The defense's argument centers around the failure of the prosecution to provide information about a witness's testimony regarding the defendant's knowledge of a wrong-way sign.

• The defense believes this information was crucial for their expert witness to evaluate the defendant's state of mind.

• The defense's request for a mistrial will depend on how the court handles discovery violations and the potential remedies available.