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A defense attorney talks about defendants testifying in their own trial

Posted at 7:25 AM, Sep 29, 2017
and last updated 2017-09-29 10:25:36-04
The defense's strategy to put Sabrina Limon on the stand on Thursday came as a surprise because it's not common for defendants to testify.
Kern County Chief Assistant Public Defender Dominic Eyherabide said that making this risky move can have a huge influence on the jury for or against the defendant.
"I would say that most attorneys have to be fairly confident that their client is going to do well, has been very consistent from beginning to end," Eyherabide said.
When a client and their defense attorney make the decision to testify, Eyherabide said, they have gone through a major assessment of where they're at in the case.
"They've re-lived the event with you, and that's what you're asking them to do again. To re-live it and tell the truth," he said,
Sometimes attorneys want to go for the win and have confidence in their client, but other times they do it as a last resort.
"The ship is sinking. You've got nothing to lose by testifying," Eyherabide said.
The last time a defendant testified in a case this highly publicized was back in 2003 when Vincent E. Brothers was charged with five counts of first degree murder after his wife, her mother and his three kids were found stabbed and shot inside of their home.
After a long trial the jury found him guilty of five counts of first-degree murder and was sent to death row.
"Once you get in public in front of everybody, particularly when you're facing a life sentence it's hard to be natural up there," Eyherabide said.
Although he felt that both Limon and Jonathan Hearn have very strong attorneys, he said Hearn taking a plea deal to testify against Limon may work against him.
"A snitch is generally not a reliable witness. People that are offered you know, 24 years instead of the standard 50 years to life," Eyherabide said.