Testifying beyond the grave has never been done until now. In a case that has set legal precedent in Ohio and in the United States, a woman, Judy Malinowski, who was burned by her scorned ex-boyfriend took center stage. Her attorney videotaped graphic testimony from her hospital bed before she died. Since she was unable to testify in Court due to her medical issues, her attorney used the videoptaped depositions in Court – over the objections of her ex-boyfriend, Michael Slager’s attorney. Normally, the defendant has a Constitutional right to cross-examine those testifying against them in Court. However, an attorney for Slager was allowed to be present at the desposition, taken 5 months before Malinowski died. There, Slager’s counsel was able to cross-examine her in her hospital room. It is said that 2/3 of her testimony was questions she answered for Slager’s attorney. Since the opportunity to cross-examine was presented to the defense, the judge will allow portions of her testimony into evidence at Slager’s upcoming trial.
Mark Collins, one of Slager’s defense attorney’s is upset that the Judge did not rule in their favor to keep the testimony out citing that since the testimony was taken under the rules of civil law, Slager’s attorneys were not allowed to prepare adequately for their cross-examination. I think that while this makes a defense attorney’s job certainly more difficult, if they are confident in their case (they claim it was an accident) and their client’s innocence they have nothing to worry about. If convicted, Slager could face the death penalty.
Let me know your thoughts on this new legal precedent that could pave the way for similar decisions in cases around the United States.
