Danny Savalos
๐ค SpeakerAppearances Over Time
Podcast Appearances
It's possible. But here's the thing. Juries, I think, are very sensitive to how self-interested a pro se defendant is. And, you know, you mentioned the monologue and different courts do different things. Sometimes the court will appoint a standby counsel and they can do that over the defendant's objection.
Sometimes they'll require that lawyer to ask questions on direct examination instead of that monologue style. And the monologue style, in my view, is a bad idea because an untrained defendant is going to veer into areas that that are either inadmissible, irrelevant, or open the door. Maybe if they make a comment about, I'm not the kind of person that does this.
Sometimes they'll require that lawyer to ask questions on direct examination instead of that monologue style. And the monologue style, in my view, is a bad idea because an untrained defendant is going to veer into areas that that are either inadmissible, irrelevant, or open the door. Maybe if they make a comment about, I'm not the kind of person that does this.
Sometimes they'll require that lawyer to ask questions on direct examination instead of that monologue style. And the monologue style, in my view, is a bad idea because an untrained defendant is going to veer into areas that that are either inadmissible, irrelevant, or open the door. Maybe if they make a comment about, I'm not the kind of person that does this.
Uh-oh, you've just opened the door to character evidence. You've absolutely torpedoed your own case.
Uh-oh, you've just opened the door to character evidence. You've absolutely torpedoed your own case.
Uh-oh, you've just opened the door to character evidence. You've absolutely torpedoed your own case.
Exactly right. If you're a criminal defendant, you are privileged to sit there and say nothing. But instead, if you take take on your own defense, now you have the uncomfortable position of questioning witnesses, including family members like this. And you have to ask questions like, did I do this? Do you remember when I did this?
Exactly right. If you're a criminal defendant, you are privileged to sit there and say nothing. But instead, if you take take on your own defense, now you have the uncomfortable position of questioning witnesses, including family members like this. And you have to ask questions like, did I do this? Do you remember when I did this?
Exactly right. If you're a criminal defendant, you are privileged to sit there and say nothing. But instead, if you take take on your own defense, now you have the uncomfortable position of questioning witnesses, including family members like this. And you have to ask questions like, did I do this? Do you remember when I did this?
And jurors see that as really the defendant arguing with the witness because that's what it is. I mean, you can't detach what's happening and just think of this as another lawyer questioning a witness.
And jurors see that as really the defendant arguing with the witness because that's what it is. I mean, you can't detach what's happening and just think of this as another lawyer questioning a witness.
And jurors see that as really the defendant arguing with the witness because that's what it is. I mean, you can't detach what's happening and just think of this as another lawyer questioning a witness.
Not a good idea. I think I said that a few times.
Not a good idea. I think I said that a few times.
Not a good idea. I think I said that a few times.
What's the answer to that? They can't just do it again like that. Well, they could. If they went back now and did it right, they could get that evidence the proper way. In theory, there's nothing really to prevent obtaining the same evidence another way in a new trial. You mean if they got it by writing a different warrant?
What's the answer to that? They can't just do it again like that. Well, they could. If they went back now and did it right, they could get that evidence the proper way. In theory, there's nothing really to prevent obtaining the same evidence another way in a new trial. You mean if they got it by writing a different warrant?
Right. I mean, so much of this evidence came from the cell phone that it likely just couldn't be found anywhere else unless it's communications with other people who might have those records as well.
Right. I mean, so much of this evidence came from the cell phone that it likely just couldn't be found anywhere else unless it's communications with other people who might have those records as well.