UPDATE:Friday morning Navy Corpsman Melson Bacos took the stand to recount his version of events relating to charges of premeditated murder, kidnapping and conspiracy, among other serious offenses. Having entered into a Pre-Trial Agreement, or PTA, with the Prosecution, Bacos was able to present his story without questioning or cross-examination.
Though challenges for the defense increase in any case with the addition of eye-witness testimony, defense lawyers have reliable methods for discrediting, nullifying or outright dis-proving such testimony. In this present case, more than 5 months have elapsed since the incident, 5 months under which the Corpsman and his squad mates have been under extraordinary pressure, the need of which was no-doubt heightened by the mis-handling of the investigation and lack of due process for the defendants thus far.
In examining this testimony, details that may seem inconsequential to a casual observer in the courtroom may provide the defense counsel with a key discrepancy between an eyewitness’s account and the actual evidence, order of events, or persons involved. Likewise, the memory is proven to be not all that reliable – just because we remember something happening a certain way doesn’t mean it actually happened that way – or happened at all.
An observant, experienced defense counsel will spend a great deal of time exploring every aspect and angle of a statement given under condition of a PTA, and often upon the real-life cross-examination of the witness, in front of both a jury and the defendants in a case, will be able to reveal the underlying inconsistencies and inaccuracies which often render the witness testimony useless.
Though Bacos' testimony Friday was startling, we must remember it was entirely unchallenged. Only the cold bright reality of a court room will reveal it's accuracy.
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