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Dr. Michael Noyes director of adult probation testified there are 34 people on probation now in Dallas Co. for intoxication manslaughter.
— Rebecca Lopez (@rlopezwfaa) January 23, 2014
I was first curious as to how this was even admissible. I mean, what is the relevance of what happened to other people in other cases?
But the defense angle, I believe, is that the probation department has a specialized program of treatment for Intoxication Manslaughter cases. How effective that program is would certainly depend on the number of people undergoing that treatment. If the number is one, a second person would certainly get specialized treatment. If there were 2,000, not so much. Bottom line: The number is relevant.
Practically speaking, a juror can now argue in the jury room that 34 other people have received probation so why shouldn't Josh Brent.
And from earlier . . .
The Josh Brent jury is made up of mostly minority jurors. The first witness in sentencing is a trooper from Illinois.
— Rebecca Lopez (@rlopezwfaa) January 23, 2014
