Defendant in Chipman Street Murders Mulls Decision to Testify
The 2007 murders of two college students in Knoxville, known to some as the Chipman Street Murders, have captured the attention of many Tennesseans. In addition, they have produced some of the most high-profile criminal trials in the East Tennessee area in quite some time. One of the most recent developments in this series of trials is that the judge has ruled that Lemaricus Davidson, one of the defendants accused of the murders, has until Monday to decide whether or not he wants to testify in his own defense. While Davidson seems to want to do so, it may be problematic for him because his taking the stand will allow the prosecution to question him about a Tennessee aggravated robbery charge that was levied against him in 2001. Ultimately, the decision is up to Davidson, as the United States Supreme Court has repeatedly held that a defendant’s right to testify is guaranteed by the United States Constitution.
The Sixth Amendment guarantees a defendant’s right to testify by giving the defendant the right to compulsory process to obtain witnesses in the defendant’s favor. Clearly this would give the defendant the right to call witnesses to the stand, and the defendant can be such a witness. Additionally, the Fourteenth Amendment’s guarantee of due process of law has been found to give the defendant the right to testify on his own behalf, as this right is an essential part of the adversarial system. The Fourteenth Amendment’s due process clause has been further construed to apply these rights to the states, so that the right to testify is guaranteed in both state and federal court.
Although the defendant has the right to testify on his or her own behalf, that right should not be exercised just because it exists. If the defendant has an attorney, it is important to consult with them before making the decision to testify, because that attorney is an advocate for the defendant and can be helpful in advising the defendant of what to do. Attorneys are ethically bound to act in the best interest of their client in all matters related to the case and will use their experience and judgment to help the client make the right decision. The defendant should also consider what effect their potential testimony could have on the jury and, as in the above-referenced case, any additional evidence or information that may be used against the defendant as a result of the decision to testify. Ultimately, the decision is up to the defendant and he or she will have to decide what will most likely provide the optimal result going forward.
Source: http://www.wbir.com/news/local/story.aspx?storyid=102652&catid=2
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