Other Criminal Procedure Missing Arresting Officer

[dparker77]

Jurisdiction

Colorado

In a Domestic Violence case that has been going on for 8 months now, I was recently given the option to fire the Public Defender, and I took it. Unfortunately, I have limited time to prepare and so far I only have the discovery that I purchased from the Public Defender's office a few months back before terminating him.

There were a total of 3 officers that arrived on the date of the incident. One interviewed me outside the home while the other 2 officers went inside to question my wife. After reviewing the videos from the body cams that all the officers were wearing, only 1 of the two officers that went inside to interview my wife actually interviewed her. However, neither one of these officers are being called as witnesses. The main officer that interviewed her is out of the country until next year. He was also the arresting officer. I'm not sure of the whereabouts of the 2nd officer. Yet, he is not on the list as a witness for next week's trial date.

My question is "How do I go about showing the court that I can not have a fair trial without being able to question or cross examine the arresting officer that is out of the country?" There are a lot of questions I would have for him such as:
"Why did he tell me he had enough evidence to take both me and my wife to jail, and our kids to CPS."
Additionally, I am defending myself in this case "Pro Se" and need to know the best way to handle this missing witness.

 

[army judge]

All you need to do is subpoena the officer in question.
Once its revealed he's unavailable until months from now, the trial will be postponed.
You don't need to provide reasons as to why you're subpoenaing a witness.

The fact that you're calling him or her to testify is presumed to be legitimate, unless its demonstrated during direct examination the witness will be of inconsequential probative value.

As a defendant, you're allowed quite a bot of leeway in these matters.

However, you can ask for a public defender to replace th eone the court allowed you to dismiss.

The person will simply be available to assist you with questions such as the one you asked here.

 

[dparker77]

Wow, thank you for the super prompt reply! Unfortunately, the judge did not give me the option of getting another PD. Maybe due to my rights to a speedy trial which is up in a couple of weeks and the DA knows that the officer in question is not returning until next Summer, if at all. It looks like my only option is Pro Se and to get advise and consultation. How would I handle this in court is the biggest question I have now. Trial is scheduled for next week.

 

[army judge]

Wow, thank you for the super prompt reply! Unfortunately, the judge did not give me the option of getting another PD. Maybe due to my rights to a speedy trial which is up in a couple of weeks and the DA knows that the officer in question is not returning until next Summer, if at all. It looks like my only option is Pro Se and to get advise and consultation. How would I handle this in court is the biggest question I have now. Trial is scheduled for next week.

As I suggested, you ask the court if a public defender can be made available to you to assist you with criminal trial procedure, courtroom etiquette, and other nuances of trying a case.

Furthermore, playing dumb benefits you.

Stop showing your cards.
Haven't you ever played poker, dude?
The prosecutor isn't scared of losing.
He or she keeps his job, win or lose.
He or she also remains in the free world, if you get prison time.

Have you ever watched Columbo?
Play a bumbling idiot, and sneak up on 'em.

Don't tip your hand, or hint at your play.

Stop showing off, pretend you don't know.
Playing dumb is a great tactic.
Subpoena the cop, without hinting you know he's away.
Fact is, the prosecutor could be employing the rope a dope.
Maybe the cop is right there where you are, mate.
Be prepared for him to show up ready to spill his guts about all the dirty deeds he says you committed.

Mate, cops are allowed to lie to catch big criminal fish, and so are prosecutors.

Don't get to cocky, because you could be getting played.

It is YOUR life you're screwing with mate, protect it dearly.

I don't know why you would have requested to fire your lawyer.
It makes no sense if you are even less skilled than he or she was.