If I were the defense attorney representing Mr. Mayo, I would do a few things prior to attempting to negotiate a plea agreement. Through pre-trial discovery I would ask the judge to dismiss my client’s written confession and verbal confession on scene. I would argue that Mr. Mayo was intoxicated and therefore could not fully understand and waive his Miranda rights. As a defense attorney I would also argue that Ms. Dietz’s statement was biased against Mr. Mayo and ask the judge to throw that out as well. I would argue for those dismissions because I have seen defense attorney’s do just that in real life cases that I have been associated or have watched. If the judge dismissed Mr. Mayo’s and Ms. Dietz’s statements then I would be more willing to go to trial. If the statements were allowed to be presented at trial then as the defense attorney I would encourage Mr. Mayo to seek a deal with prosecutors. I do know of any jury that would find someone not guilty when in their own words they said they committed the crime. If the prosecutors refused a deal or if Mr. Mayo insisted on going to trial than the only defense I could try and use would be that Mr. Mayo shot Mr. Scowen in self-defense.
As a prosecutor I would do several things prior to going to trial or offering Mr. Mayo a plea agreement. I would find out through discovery if there is any other evidence the defense has, if there is evidence the judge will not allow, if the family of Mr. Scowen would like to go to trial or if they would prefer to give Mr. Mayo a plea agreement to avoid trial. Prosecutors will often speak with the victims or families of victims to find out what they would like to do
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