Helio has Too Much Character

In a docket released today, the prosecution has alleged that Helio is claiming too many character witnesses.  In the prosecution’s argument, they state:

The reason for the limit is that too many character witnesses is cumulative. That is, for each character witness that says the same thing—that the Castroneveses and Miller are of good character—the probative value goes down while the prejudicial effect goes up.  At some point, around the three to five range, the diminishing returns of the character witnesses’ testimony causes the probative value-prejudicial effect scale to tip in favor of the government.

Now I’m no lawyer, but I think this basically says that too many character witnesses will make the jury sympathetic towards the defendants (AKA Helio, Kati, and Alan Miller).  The basis, though, is more of a psychological argument and not a legal argument, in my eyes.

Explicitly mentioned character witnesses for Helio are philanthropist Adrienne Arsht, priest Father Jose Mario Filho, and Tony Kanaan and Juan Pablo Montoya.  Alan Miller has superbike champ Scott Russell, that guy who won that race that doesn’t count last year and two years prior, and NFL Hall of Famer and former VP candidate Jack Kemp on his side.

4 Responses to “Helio has Too Much Character”

  1. kid Says:

    Since the prosecution’s entire case seems to be based on Helio’s intent, I would think a broad array of character witnesses should be permitted. And what happened to Roger Penske? Wasn’t he on Miller’s list? Plus, in fairness, each defendant should be allowed the same number of witnesses if each is being called upon to defend personal charges meriting serious personal consequences. If the prosecution gets its way, then the trial would be a sham. Just my opinion.

  2. Allen (SandWedge) Says:

    Does this mean they are limiting it to those you already listed, or they want to cut some of those out?

  3. will Says:

    They just want to limit the lists. No one in particular was cited as excessive.

  4. Tom Says:

    Wait up, something doesn’t make sense: too many witnesses will make the jurors “tip in favor of the government”. Why would the prosecution want to prevent that?