In part 1 of this article, we discussed the alibi defense in Philadelphia murder and homicide cases.  Notice must be given to the prosecution if an alibi defense is going to be presented at trial.  In addition, specific details such as the location of the defendant on the night of the incident and names of witnesses with the defendant must also be provided.

At trial, witnesses testifying for the defendant will be cross examined by the prosecution.  The prosecution may attack the credibility of a witness.  For instance, a defendant is on trial for shooting a victim at a party.  The defendant pleads not guilty and maintains that he was with his girlfriend on the night of the shooting at her home hanging out.  At trial, the prosecution cross examines the girlfriend and establishes that she is the defendant’s girlfriend.  The witness also testifies that she would do anything for her boyfriend, including lying for her boyfriend.  Based on this, the prosecution argues that the girlfriend is not a reliable witness because she would lie for her boyfriend and she may not even have been with the defendant on the night of the shooting.

Video Evidence

Presenting an alibi witness is not the only way to prove that a defendant was not at the scene of the murder.  A video is another way to prove that a defendant was not at the crime scene, and therefore, could not have committed the murder. Using the above example, even though the girlfriend’s credibility is attacked, the defense lawyer can present video evidence to help establish alibi.   The girlfriend’s home has an outdoor camera, and the defense lawyer presents a video showing the defendant going to his girlfriend’s home on the night of the shooting.  The video is time stamped and shows the defendant ringing the doorbell and entering the home about a couple of hours before the shooting.  The video also shows the defendant leaving the house about the same time of the shooting.  Even though the girlfriend’s credibility may be questioned, the video shows that the defendant was not at the shooting because he was leaving his girlfriend’s house at the time.

About David S. Nenner, a Top Rated Philadelphia Criminal Defense Lawyer

David Nenner has been a criminal lawyer for over 30 years.  He has tried countless murder and homicide cases in Philadelphia.  He has been featured in the local media multiple times defending individuals in high profile criminal homicide cases.  Mr. Nenner offers FREE initial consultations.  215.564.0644