I believe the court should grant the motion for

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I believe the court should grant the motion for severance to Bert. He should be granted this severance to be tried on an individual level. The testimony Bland gave was information on Jones only, this information should not be befalling Bert. However, before granting the motion, Mook should be contacted as to corroborate Bert’s alibi. A subpoena could be issued for Mook to make a statement of his own while out of country. He could make this statement at an embassy in that country or he could be subpoenaed to return to the United States for statement. After hearing Mook’s statement, if it is consistent with Bert’s statement, the motion should be granted. Bert would then be tried for charges of accomplice to one count rape and assault with intent to rape (Justia,2010). According to US Legal, assault can constitute as assault with intent to commit rape (2016).
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Bland’s statement can result is a couple different options. One option is the court could file a motion of continuance so both sides can determine what evidence they do have and can recollect their thoughts on how to proceed. However, another option is that where the defense upon hearing the statement could file a motion to dismiss charges. In some jurisdictions, prosecution can dismiss charges by nolle prosequi (Roberson, 2016). Other jurisdictions do not
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  • Spring '18
  • Andrew Fox
  • criminal law, assault, Bert

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