What Michael Baldwin should have done

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BrendaMorganQ
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Joined: Fri Nov 12, 2010 12:20 pm

Re: What Michael Baldwin should have done

Postby BrendaMorganQ » Mon Aug 13, 2018 7:13 pm

Newby4Lane wrote:
Riskybeee wrote:LOL what? You wanted her son to go on stand admit she was driving and not paying attention?? She could have pulled over to argue. It isn't Hilary's fault Lily behaved like a crazy person.


How was Lily behaving like a crazy person? Wasn't Hilary giving as good as she got? Wasn't she arguing as well? It stands to reason that if they were both participants in this argument, and Lily behaved like a crazy person, then Hilary would have too.

So many have started threads about the accident and so many people want to blame Lily ONLY. Why didn't Hilary just shut up? Why is Lily being blamed for the argument? It takes two....

Hilary should have been the one concerned for her and her baby's safety! Their safety was not solely Lily's responsibility.


Hilary admitted that she was partially to blame as she herself stated that it takes two.

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BrendaMorganQ
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Re: What Michael Baldwin should have done

Postby BrendaMorganQ » Mon Aug 13, 2018 7:17 pm

BrendaMorganQ wrote:
Gord Lindsay wrote:Here is what Michael Baldwin should have done, if he was truly providing proper representation for Lily.

1. He should never have let her plead guilty. A trial would have allowed him to bring out mitigating factors in her culpability regarding the accident.

2. At a trial, he should have called Lily's son Charlie as a witness, even though Charlie would testify that he saw his mother go through a red light. The examination should have gone like this:

Michael: Charlie, were you present at the accident?
Charlie: Yes.
Michael: Where were you?
Charlie: I was sitting in the back seat of the car.
Michael: Please tell the jury what you saw.
Charlie: My Mom went through a red light, and a truck ran into us.
Michael: Charlie, did your Mom see the red light?
Charlie: No.
Michael: How do you know that?
Charlie: Because she was distracted, and wasn't looking at the road.
MIchael: How was she distracted?
Charlie: Hilary was in the front passenger seat, and was arguing with her. They were yelling very angrily at each other.
Michael: So, your Mother was turned towards Hilary when the accident occurred?
Charlie: Yes.

3. In his summation. Michael should argue that if Hilary had grabbed the steering wheel from Lily, or covered Lily's eyes, the law would not hold Lily responsible, even though she was driving. In the eyes of the law, Lily would be innocent. Michael should then go on to say that, in this case, Lily was compromised by a passenger who kept up a fierce argument with her with no regard for the safety of others. The fact that Lily was harassed while driving should factor in to reduce her sentence. Any reasonable judge or jury would take this into consideration,, i.e. that Lily was not solely responsible for the accident. Then again, the best way to get a favourable judicial decision in Genoa City, is, of course, to bribe the judge and members of the jury.


4. The best reason conflict of interest: Christine Blair has been friends with the family for years; she defended the defendant and her ex-husband years earlier; she most recently lost her own child 1st conceived child while pregnant to a distracted driver. In fact the driver of the car that killed her child was none other than the defendant's father and she was unable to send him to prison for the accident.

5. He could argue that both drivers were at fault. Although Lily ran the red light, the impact that was suffered implies that truck driver was also speeding. The car was struck from the side by the truck, not the other way around. Michael would need to pull out all of the stops and request time to review the evidence against his client and seek expert witnesses as to the speed of both vehicles.

6. He should have had her bound and gaged until after he entered a plea of not guilty. Michael didn't even get a chance to plea bargin.


7. What about Hilary's statement? Did the police ever obtain a statement from Hilary Hamilton before she died? Put Devon on the stand and ask him if his wife blamed his sister for the loss of their child? Did she at any point accuse Lily Ashby of deliberately trying to kill her? As HIlary was dying her last words during that time can be admitted without being classified as hearsay as a dying declaration.



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