In the context of the Hovind trial we have the added circumstance of both Kent and Jo having to separately deal with that issue. It has been indicated that they both had separate lawyers, if you want to call them that (i.e., Barringer & Richie).. wrote:
Judges closely question every defendant who says he/she doesn't want to testify.
Is this your decision after considering all of the evidence presented in this trial along with the advice of your lawyer?
Did anyone promise you anything?
Did anyone try to intimidate you?
Did anyone pressure you?
Etc., etc., etc.
It usually takes 5 or 10 minutes longer than it should because judges want to make a complete record on the matter should there be an appeal.
Lots of people chose not to testify, for various reasons, but mostly because they would open themselves up to a lot of questions they don't want to answer or for which they don't have a good answer.
That's their decision and choice, not an issue.
If they really wanted to testify, even though it might not be in their own best interest, they would have. And some do, usually to their regret.
I say this as someone who is not a lawyer, but with confidence that none of the many lawyers on this board will differ significantly with me on this point.
My opinion is that the lawyers and Kent would have intimidated Jo into doing their bidding, consistent with Kent's apparent Narcissistic Personality Disorder.
Had Jo spoken up, she might well have avoided going to federal prison and I suspect her cross-examined testimony would have further incriminated Kent.
And so it goes!
We may never hear the story from Jo's unintimidated perspective.
Maybe she is need of some real help!
Maybe she is just fine with her present lot in life!
Sincerely,
Maury Enthusiast!