Testimony will be excluded and admonition given to the Mark Dare jury tomorrow because defense did not follow motion in limine ruling

Jurors in Mark Dare case will be given an admonition tomorrow by Judge Kaleb Cockrum and a portion of Jane Doe's testimony will be excluded.

This is why I like to cover motions in limine and every part of the trial. Deputy District Attorney Whitney Timm is a force to reckon with and Public Defender Marek Reavis should know that by now.

She has prevailed in this case against him with different Judges. She won the Amber Davidsen jury trial against Mr. Reavis. She won the David Kobak trial against Deputy Public Defender Casey Russo.  These are just a few examples.

Ms. Timm does her research and she knows the law.  She can handle a curve ball, just like the one Mr. Reavis attempted today. And, she is the one with a home run.

After the jury left, Ms. Timm brought up an incident Mr. Reavis asked Jane Doe #2 about during cross examination. When Jane Doe #2 was 7 or 8 years old, a friend asked Jane Doe #2 "to kiss her pubic area." Jane Doe # 2 said, "I didn't do it." Jane Doe #2 told her father, Dennis Winder and mother, Windy Dare. They talked with her. "They said you don't do that with your friends and you don't touch people there."

Ms. Timm said during cross examination, Mr. Reavis brought up testimony involving a prior sexual act. "I was never given discovery on the issue. Further, the Court ordered Mr. Reavis he was not allowed to bring up prior acts. "

"The Court ordered Mr. Reavis to provide me with the interview of Windy Dare," said Ms. Timm. "I got a couple of sentences. This information obviously came from Mrs. Dare." Ms. Timm requested that Judge Cockrum "strike that part of the testimony."

During the motions in limine hearings that I watched, Judge Kaleb Cockrum ruled that prior sexual history of Jane Doe #1 and Jane Doe #2 would be excluded. Judge Cockrum also ordered the People be provided discovery to the People regarding Windy Dare.

Mr. Reavis said that "it was not a sexual act. It is was an age appropriate, playful act. I just learned about this in the lunch break from Mr. Dare."

Judge Cockrum said, "I am excluding it. This should have been brought to my attention prior to the jury hearing it. This is a topic we discussed. How is a kiss on a private part not sexual? Ms. Timm, please prepare the jury admonition for tomorrow."

Previous post:
https://johnchiv.blogspot.com/2020/09/mark-dare-worked-for-local-tv-station.html?m=1