To: Amore
At least we know the main reason Westerfield didn't testify. Attorneys are not permitted to put a witness on the stand when they know that witness will lie. Had DW insisted on testifying, Feldman would have been able to properly withdraw has the defense attorney and that would have sealed, right then and there, DW's conviction.
To: connectthedots
No, you're mistaken. Feldy would not have had to withdraw and would not have been allowed to withdraw at that stage of the proceedings. There are procedures set up for these occasions. As I recall from long ago law school classes, basically, DW goes on the stand and tells his story by himself. Feldy is not allowed ethically to participate in helping DW tell a story Feldy knows is untrue. So if this story about the plea pans out (as I expect it will), I'm sure that contributed to DW's decision not to testify. Feldy would have told him that ethically he could not participate in the lies.
105 posted on
09/17/2002 8:49:50 AM PDT by
Amore
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