What are the authorities hiding in Missouri? Why NOT cross examine Wilson on the stand?

[woolldog]

75. Of course, Wilson *is* the Defendant here.

The case was captioned Missouri v. Wilson. See the Court Docs released by the State.


Secondly, you write: "In trial procedures, a witness is called to stand by either party. They are then "directly examined" by that party, then the other party will "cross examine" that same witness. At this point the original party may "redirect examination" of that witness, giving the second party the opportunity to "recross examine" the witness."

No. A party calls a witness to the stand and if the witness is adverse they can then cross examine them, right then and there. As soon as someone is qualified as an adverse witness you are entitled to cross them. You don't have to wait for the second party ask questions before you conduct a cross examination of a hostile witness. That is an absurd proposition. Refer to the caselaw I cited.

Third, you write: "In grand jury procedures, the state presents evidence, and calls witnesses. Nothing more. The jury examines the evidence presented and can question the witnesses. There is no cross-examination taking place at all in a grand jury."

I agree that in grand jury proceedings, the state presents evidence and calls witnesses. You infer from that that cross examination cannot take place because the state is calling the witnesses. As I've already pointed out to you a number of times, the fact that the DA has called the witness does not determine whether the DA may cross him or not. You can cross your own witness if he is adverse. And you do not have to wait for the other party to ask questions before you begin the cross of a witness you called. And as there is no judge involved in a grand jury, the determination as to whether the witness is adverse is entirely up to the DA. And in any other grand jury proceeding where the defendant testifies, he would be treated as adverse and crossed, just as in a trial.

Fourth, you write: "The function of the grand jury is not to determine innocence or guilt, but to simply examine evidence to see if there is probable cause to bring action (indict)."

We agree on that.