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cab2345

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Reply with quote  #1 
Only about midway through the book, so I didn't want to search for this answer and risk being spoiled.  

It's made very clear that the jury in the new trial is not to be made aware that Jessup was tried and convicted for this crime back in 1986.  But on numerous occasions, this appears to be forgotten.  I must be missing something, and hopefully someone here can help me out.

During the prosecution's phase, there were two instances where the witness from the first trial had passed away.  So they used transcripts with Maller acting as the DA and Bosch as the witness.  Connelly even wrote that the "these are the transcripts from the first trial reading the prosecutor's questions is Halley and reading the witness's answers is Bosch".  

Later, when Sarah Gleason was testifying, he wrote "We had used sworn testimony of witnesses from the first trial. The record of that entire trial was available to Royce as well, and I knew without a doubt that he had his assistant counsel, who was sitting on the other side of Jessup, comparing everything Sarah Gleason was saying now with the testimony she gave at the first trial. If she changed one nuance of her story, Royce would be all over her on it during his cross-examination, using the discrepancy to try to cast her as a liar."

What am I missing?  The transcript examples clearly would let the jury know there was a previous trial, and the portion in red above clearly shows that Royce would divulge her answers from the 86 trial to now as inconsistent.  
vance_extra

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Reply with quote  #2 
It looks like you may have shed light on some inadvertent inconsistencies.
I do not have a perfect memory of the book, but I always assumed that the author meant to indicate that the transcripts being read were not from a previous trial but from a hearing or some other legal venue where a witness statement under oath could be captured in a transcript. The jury was aware that the case was an old case and had been investigated at the time of the murder, but they were intentionally not made aware of the previous trial and its outcome. The transcripts that were being read by Bosch were from individuals who had made statements near the time of the original murder who had since died.
Royce had access to Sarah's original testimony and Haller knew it, and although he was going to hammer her for any inconsistencies, he would have had to refer to her previous statements as being from the time of the original investigation not from a previous trial.
Janed

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Reply with quote  #3 
vnce_extra--correct. Interviews and statements from people who were now dead could be used and read at the trial. That would not reveal to the jury that there had been a prior conviction. And a defense attorney attacking a witness for changing prior answers would also not necessarily reveal there had been a prior conviction. It would be simply pointing out that in prior depositions or interviews, different answers were given than now. As long as the jury isn't told that a prior conviction was had, it would be okay.
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cab2345

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Reply with quote  #4 
Vance Extra, GREAT reply, and I totally agree with you.  Thank you, I can now sleep again. 
vance_extra

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Reply with quote  #5 
Glad I could help.
I think that trying to get every nuance 100% correct in a novel has got to be a monumental task, so I usually forgive an inconsistency here and there as long as I feel like I understand the message the author is trying to convey.
Personally, I really enjoy the Mickey Haller character and the books he is found in.
I'm excited that the character is coming to the small screen and hope that CBS and David E. Kelly can do him justice (no pun intended).
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