I’m working on a criminal justice discussion question and need the explanation and answer to help me learn.
1) If you were the prosecutor, how would you discredit the potential testimony of Joe The Fireman?
2) If you were the defense attorney, how would you discredit the potential testimony of Dawn Dietz?
3) Discuss some of the conflicts in the statements made by both Dietz and Joe and the facts provided in week 1.
4) What statements/testimony from the witnesses, the police officer and Mayo will be admissible and inadmissible? Discuss why.PEOPLE OF THE STATE OF TEXAS, Plaintiff
VS.
Scott Mayo, Defendant
TYPE OF CASE-Criminal
SUMMARY OF FACTS
Scott Mayo worked as a bartender at The Local Watering Hole. One night
at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen
$1500.00. The argument heated up and, after Scowen picked up a beer
bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol
kept behind the bar and fired at Scowen, killing him. Mayo says Scowen
told him, “I am going to kill you,” and what he believed was imminent
danger from Scowen. Mayo was placed under arrest. He was not read his
rights. He was transported to the local county jail. The prosecution
witnesses are the police officer, who came to the scene and took
statements from Mayo, and a frequent bar customer, Dawn Dietz, who
witnessed some of what happened. The defense witnesses are the
defendant, Mayo, and Joe, “the fireman”, who was outside and saw some
of the action through the window while sitting on the patio.
STATEMENT OF DAWN DIETZ (PROSECTUION WITNESS)
I Dawn Dietz, state:
My name is Dawn Dietz, I live at 5153 Hot Dog Lane, Glenville.
I am a book writer. I get writer’s block a lot and like to stop at the Local Watering Hole for a
change of environment. I stopped at the Hole on my way home and had a few glasses of wine
and watched the end of the basketball game. The bar was empty because the Mavericks were
being blown out. The bar tender was drinking behind the bar. He was a bit of a jerk. He kept
flipping the channel on the TV even though he knew I was watching the game. I complained
about the TV. He called me a “red neck” and told me to be quiet. I was deeply insulted by that
remark.
When the man walked in that was killed he sat down the other end of the bar. He appeared
mad. I went to go to the bathroom before cashing out my tab and going home. As I walked out
of the bathroom the bar tender had a gun pointed at the man, he was holding a beer bottle in
his hand. The bar tender pointed the gun. The man stated, “I am going to wreck this place if you
do not pay me”. The bar tender shot the man. I called 911. The police arrived.
This statement is true to the best of my memory.
Dated: 1/7/2018
Signed:
STATEMENT OF JOE, “THE FIREMAN” (DEFENSE WITNESS)
I, Joe Fireman, state:
I live and work in Glenville. I was coming to the Hole to pick up Scott. He gets off at 2.am. We
were going to go back to my place to shoot some pool, have a couple of beers and watch sports
center on ESPN. When I parked my truck and went to get out I heard a man yelling coming from
inside. I looked in the window and saw a man with a broken beer bottle in his hand and yelling
at Scott. I had never seen this person before, but he was visibly angry.
When I went into the bar the man stated, “pay me or I will kill you”. I then saw Scott point a
gun at the man and pulled the trigger. There was blood everywhere. A woman was bent down
screaming, “he is dead”, “I am calling 911”. Scott was really shaken and scared. He was crying.
I have known Scott since grade school. He is not a murderer. He is just a drunk.
I have made this statement of true mind.
Date: 1/7/2018
Signed:
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