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My brother wants me to testify in a court case btwn my mother and him



My brother wants me to testify in a court case btwn my mother and him

Old 05-19-2006, 03:25 AM
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My brother wants me to testify in a court case btwn my mother and him

Theres been a case going on btwn them since sometime in Jan (I believe thats when it started). He bit my mother!
At the beginning my brother and I were emailing. I agreed on my mothers controlling issue. Unknown to me he printed out all the emails. I had also for a while but decided after a month to get rid of them.
He was ordered out of my mothers house (he's 42yrs old).
There was a restraining order with him against all family members (mother, older mentally handicapped brother and myself). He violated it a month ago (He called my house while at my mothers) - I called the cops and he was arrested, sent back to jail for 5days. The order has since been lifted.
He called me from my mothers house last night and said end of July (when his trial is set for) I'll be called to testify.
Whats the best way for me to do this? I feel like Im in the middle - not just from hearing each others point of view but agreeing with both. Ack!

No the biting was absolutely NOT necessary! My mother has been dealing with abuse from him for quite some time now. It was the biting that finally had her get him out of the house! I emailed my brother agreeing that mother is very controlling, etc. - that part I agree with. The abuse against my mother Im appaled (sp?) over. The restraining order has been lifted - she chose to let him visit her. The abuse case (abuse on a person over 65) has a trial date end of July. He already had his pretrial.
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Old 05-19-2006, 03:47 AM
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Originally Posted by imherenow
There was a restraining order with him against all family members (mother, older mentally handicapped brother and myself). He violated it a month ago (He called my house while at my mothers) - I called the cops and he was arrested, sent back to jail for 5days. The order has since been lifted.

He called me from my mothers house last night and said end of July (when his trial is set for) I'll be called to testify.!
If he called you from his mother's house, where he wasn't allowed to be, why are you needed to testify? Did they arrest him there? If so, the address where he was picked up should be included in the police report. That's enough proof right there.

This whole thing is strange...he must have pled not guilty, otherwise it would not be going to trial.

Regardless, it's not up to your brother to decide if you need to testify. If the prosecutor wants your testimony, believe me, you will be notified by the court.

I wouldn't really worry about what will happen, or what an awkward position you feel you might be put in. Sounds to me like the whole thing could be dropped anyway, especially since the order has since been lifted.
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Old 05-19-2006, 03:49 AM
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You agree with both? I don't understand - how can you agree with your brother's actions? There is no explaining away one person biting another whatever the provocation.

If you are called, just tell the truth.
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Old 05-19-2006, 03:54 AM
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Actually, I disagree with my last post. There may be life or death scenarios where biting someone may be necessary. Was this the situation?
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Old 05-19-2006, 04:20 AM
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Why does HE keep going back there if he is 42yr and she is "so controlling"....... for a 42y to BITE his mother??!! That is the question that I think needs an answer. Hopefully he will get the help he needs. JMHO

I can see that an older woman with a mentally-handicapped child under her care would feel the need to "control" this situation; especially when her 42yr son will resort to biting. Seems to be out of control and very unsafe for everyone. Again, just my observation.

I would hesitiate to get involved past the point of telling the general dynamics (out of the courtroom) to those working the case...really, I would find out what is happening before I would agree to talk to anyone about anything.

Good luck;sorry this is going on in your family. Please keep us posted. Hopefully this will ultimately be a healthy resolution for all.
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Old 05-19-2006, 04:58 AM
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Since you are already in the middle of it testify to the Truth. That way your Mom gets the protection she needs. Hopefully your brother will be directed toward not only punitive measures, but help and counseling, because there is obviously something else going one here. That is likely some sort of mental ilness?
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Old 05-19-2006, 06:37 AM
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All you need to do is answer the questions you are asked truthfully. Don't try to explain anything away, or make excuses. Just be truthful.
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Old 05-19-2006, 07:25 AM
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I use to work for the District Attorney's office where I live and there were two things that we told everyone.

1) Tell the truth no matter what. Lies are easy to forget but the truth never changes.

2) Do not give any information that you are not asked to give. Give yes and no answers if possible and do not elaborate unless asked to do so. Your words cannot be twisted if you only say "yes" or "no".

Hope this helps.

GP
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