Recurring Issues - Installment 3:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?"  It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel.  Last installment, we discussed the concept of “junk science."  Before that, I covered "hearsay" and missed objections to it.  In this installment, I offer commentary on yet another evidentiary issue arising in trials all over the country, leading to unfair convictions.

"Bolstering by prior consistent statements" - I am addressing this issue in more than one case right now.  The typical scenario involves a witness coming in to testify that the victim told the witness of an alleged act (for example, molestation by a family friend or relative) months prior to trial, with the resulting insinuation being, "This isn't a recent fabrication by Victim, because after all, Victim told this story to someone else previously."  Of course, the flaws in this logic are several, the most obvious being that a lie told repeatedly is still nevertheless a lie.  But it takes a skilled defense attorney to point this out to jurors.  In conjunction with my installment last month about "junk science," be wary of "family therapists" and "forensic interviewers" being used by prosecutors to bolster an alleged victim's story through craftily recounting the victim's "prior consistent statements."  A wolf in sheep's clothing is still a wolf.  And this one usually bites down with a jail sentence!

If you have a family member or friend fighting the battle against a wrongful conviction, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.