From a statement released from the Delaware City Prosector’s Office:

Assistant City Prosecutor Joe Schmansky said he believed probable cause existed to file a charge.

"Nevertheless, an important consideration in determining whether to initiate a domestic violence case is the wishes of the victim," Schmansky said in a press release. "This factor is critical because it impacts the likelihood of success at trial, particularly in a case such as this where the victim is the only witness (other than the defendant) who can provide testimony as to the circumstances that gave rise to the case."

Schmansky added Mrs. Jordan’s desire not to pursue a criminal case against her husband highlights the difficulties prosecutors face when dealing with similar types of cases.

Unfortunately, I know there will be some who will be utterly convinced that this decision was based on partisan politics.  But I have to say that the 911 call shows a very professional law enforcement agency, and as someone with criminal defense experience in this area, the prosecutor made the only call they could do.

Perhaps they could have argued that the 911 tapes were admissible as a substitution of his wife’s testimony, but ultimately it would still be difficult to prove a case and that’s even if the recordings were admitted.  You can’t cross-examine a recording, or challenge the credibility of a person’s recording.

A defendant has a Sixth Amendment right to confront the witnesses against them.  Without Mrs. Jordan’s willingness to testify against her husband, the prosecutor had a tough case to present without potentially running into Sixth Amendment challenges. 

Tragic.

 

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