Ben Powers

I think the state tries to put a gun in my client's hands and say they used it intentionally, but that doesn't always match the forensic evidence that we have in the case, but that's certainly what the state likes to do is...

It's cleaner to say this person shot intentionally.

But on a case like this, those sorts of details.

Well, I think it's really hard for the state because they're going to rely on probably not the most outstanding witness or witnesses.

They're probably not the first choice for the state on who they'd put on the stand because I'm sure they have a lot of character flaws, possible drug abuse histories, things like that.

I believe...

Wander, all of them were pretty familiar.

Did you say possible flaws?

Character flaws, yeah.

That's one example of a possible flaw.

But yeah, that's a rap sheet just...

Bad character.

I mean, even the ones that are testifying are involved.

You know, they're not a good Samaritan.

They're just trying to help themselves.

And so that brings into some concern.

Are they really testifying to do the right thing or are they testifying to save themselves?

That's where it goes back to the forensics.

Well, you know what?

Well, I think they're going to take a plea in that situation because the state's got to witness that they're concerned about testifying and being able to put it all together in a compelling way.