Defense Motion: Motion to Admin Evidence of ____ Sexual Conduct

Defense motion: Notice of Motion and Motion to Admin Evidence of ___________ Sexual Conduct Excerpts: (pg 2 | pg 3 of pdf) Please take notice that on March 11 2005, at 8:30 am, or as soon thereafter as the matter may be heard, before the Honorable Rodney S. Melville, defendant Michael Joseph Jackson (“Mr Jackson”) will move and hereby does move the Court, pursuant to Evidence Code Section 782, for an order admitting evidence of sexual misconduct of the complaining witnesses ___________________ for purposes of impeachment (“Motion”). The Motion is made on the grounds that the evidence of sexual conduct is relevant to the credibility of these complaining witnesses under Evidence Code Section 780, in that it has tendency in reason to prove or disprove the truthfulness of their testimony at trial, including but not limited to the following: (a) Their character of honesty or veracity or their opposites; and (b) The existence or nonexistence of any fact testified to by them The Motion is made also on the grounds that, pursuant to Evidence Code Section 352, the probative value of the proffered evidence is not outweighed by the risk of undue prejudice, confusing the issues, misleading the jury or necessitate undue consumption of times. [i]***Then the entire argument is blacked out. So this [u]could[/u] very well be some explosive information that the defense may have gotten their hands on concerning the sexual conduct of possibly the accuser and/or his brother for impeachment purposes. [/i]
:nav Defense Motion: Motion to Admin Evidence of ____ Sexual Conduct