Prosecutorial Inconsistency: Doublethink in the Courtroom
George Orwell, "1984."
My client is awaiting trial on a charge of assault with a deadly weapon. He apparently gave the police a tearful confession describing how he stabbed the victim one time with a pocket knife during a street brawl and then disposed of the knife. One small problem . . . I just learned that another young man recently pled guilty to a charge of assault with a deadly weapon arising out of the same incident. The factual basis for that plea was the victim's statement to the police describing how that defendant inflicted the victim's only wound with a pen.
May the prosecutor vouch for the veracity of my guy's "confession" when it is factually inconsistent with the basis of the other guy's charge and plea? I believe In re Sakarias (2005) 35 Cal.4th 140 says no.