Legal Question in Criminal Law in Michigan

domestic battery
There are 2 witnesses to a domestic violence situation(victim and sister) and both do not testify. Police arrive 15 minutes after the call.
Sister makes one outburst accusing defendant that ''its been 8 years since this has been happening'' when the police arrive, and then goes upstairs. Officer interviews sister upstairs a good 15 minutes after talking to defendant and victim. By that time she is angry but calm.

Victim was not crying when police came. She was lead by the officer to sit on a chair and was quiet until he asked her to tell him what happened. She started crying as she tells her story mixed with anger and accusing husband as well. Husband also is accusing wife in front of the officer.

Both victim and sister have signed police statements. When there are 2 witnesses in an incident, does reliability on excited utterances decrease as both witnesses interact with each other before the police come, meaning, police are not the first source of interaction after an incident. Also would statements be included as excited utterances just by what I have described as the demeanor of the parties. Also can the police lie to get statement incuded? Do witten statements come in anyway even when witnesses do no testify?

Asked on 3/22/06, 3:56 pm

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Re: domestic battery

Generally, written statements of witnesses don't come in if the witnesses don't testify. Police often lie. Make sure you have an excellent attorney.

Answered on 3/22/06, 5:48 pm

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