TAMPA, Fla. (WFLA.com) - Defense attorneys will tell you that there are moments in a trial where they hope during cross examination a witness will say exactly what they want.
The Richard McTear murder trial had one of those moments for defense attorneys Wednesday. McTear is accused of throwing his girlfriend's three-month-old little boy, Emmanuel Murray, out of a car window onto I-275 five years ago.
Wednesday the star witness for the prosecution in the case, the baby's mother Jasmine Bedwell, made a stunning revelation on the stand during an intense and explosive cross examination by defense attorneys.
It turned out to be what longtime local defense attorney Kevin Hayslett, who is observing this trial closely, calls a "game changer." Bedwell admitted to jurors that during an argument with McTear as they were in a tug-of-war and she was trying to protect baby Emmanuel during a fight, she dropped him not once, but twice.
When she gave the graphic details during testimony, she sobbed on the witness stand.
Defense attorneys asked, "Were you going back and forth, tugging, and he [Emmanuel] dropped to the ground?" Bedwell dropped her face in her hands crying, "Yes," she answered.
Defense attorneys told jurors early on in the case, "If you can't believe Jasmine Bedwell, you can't convict Richard McTear."
The defense spent the majority of the day trying to show Bedwell was not credible then late in the afternoon is when their case was bolstered by Bedwell's testimony. The reason this is important is because the state claims the baby died at the hands of Richard McTear.
This latest development during Bedwell's testimony creates a huge win for the defense. Legal experts say it could be the reasonable doubt that keeps McTear off death row.
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