The defendant is tried, convicted and sentenced. The victims then bring a civil action to recover the money defendant took from them. They want to introduce the criminal judgment as proof defendant swindled them. Defendant is a witness in his own defense. The prosecutor objects to this question.
Defense counsel asks no further questions and tenders the witness for cross examination.
The prosecutor's first question is whether the defendant-witness was acquainted with the murder victim Defense counsel objects to the question. The Prosecutor also wants to ask the witness if he did not tell the officers when he was arrested, in answer to a question where he was on June 25th, that he had been sick in bed and had not left the house the entire week. Later, after being given Miranda warnings, he refused to say anything more. The officers are available to testify to the statement, if needed. On rebuttals the prosecutor wants to show that defendant's statement that he was on a Umm-day trip to Avalanche Lake is impossible.