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Originally Posted by Daseal
An eye witness, who happened to have stolen his ATV's? I'm sure the defense will have trouble poking holes in his credability.
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Well, first you are making an assumption that they did, in fact, steal the ATVs. Putting that aside for a moment and assuming that you are correct, it would certainly make for a weaker case for the prosecution. However, let's not forget that the theft of the ATVs in NO WAY exonerates ST of his crime. It does not excuse it, and it will not be a defense to the charges. In fact, a rather significant battle (to which the jury would not be privy) would, I'm sure, take place between the prosecution and the defense as to whether or not the theft is even admissible to impeach the witness. The main reason being that accusing ST of this crime in no way helps the alleged thief escape liability for his own crime. Trust me when I say a full analysis of whether the alleged theft is admissible would take pages to brief, and I'd have to do some research into Florida evidence law to do it (and I don't have time and i'm guessing most people won't care), so let's just say the theft isn't a sure bet for ST to get off (again,
assuming the alleged victim did, in fact, steal the ATV).