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Raising Credibility Issues is Not Trashing the Victim

By Jeralyn, Section Crime in the News
Posted on Sat Nov 22, 2003 at 05:10:44 AM EST
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Public Defender Dude has a thoughtful post on lawyers representing high-profile defendants. He astutely describes the lawyer's job and explains why it is not a matter of victim-bashing:

Talk radio is saying that Geragos may try to "trash" the victim in the Michael Jackson case, and trash his family. Well, I have some news for you. When trying to cast reasonable doubt on a case, you are required to look at the motives and biases of the witnesses against you. Everytime you go to the police you put your credibility at issue. I don't know the facts of the Michael Jackson case well, but I have heard rumors that when Michael Jackson cut off funding for the family, they went to a lawyer to see how they could get back on the gravy train. This may be true, it may not be true. However, exploring this possibility is not a matter of "trashing the victim." It is a legitemate investigation into the background of someone who's statements could put you in prison for the rest of your life.

The same thing has happened in the Kobe Bryant case. Bringing out the fact (if true) that the victim has tried to commit suicide on 2 occasions recently before the alleged rape is highly probative about her state of mind and mental state in general. This is not "trashing" her, but looking into her motivations to potentially lie. Again, Kobe is looking at life in prison on this case, and no one would like to see their family or loved ones put in prison for life when there exists potentially exculpatory evidence about the mental state or prior history of the complaining witness that was not explored for fear of "trashing the victim." The same goes with her possibly having 2 sex partners in the day before or after sex with Kobe. This is necessary to understand her state of mind, and determining where any injuries she suffered may have come from.

He concludes with another accurate observation:

In high profile cases...You will be personally attacked, your client will be presumed guilty in public, exposing you to ridicule in front of your future jurors. This makes cases like this even harder.

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