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Grant wanted me to testify also as to the standards of care for private citizens in such things, the rules of engagement as it were. The prosecutor adamantly objected. I was, she said, going to tell the jury that the defendant’s use of the gun was justified, and that issue was something only the jury could determine. The judge asked me what my take was on that.

I explained that I had no intention of going to “the ultimate issue,” the guilt or innocence of the defendant, and that I agreed this was a question that only the triers of the facts could answer. However, I added, I believed the defense attorney’s job was to show the jury that a reasonable, prudent person, in the same situation and knowing what his client knew, would have done the same thing. The element of “knowing what the defendant knew” required him to show the jury how such decisions are made by lawfully armed citizens, and what the rules of engagement are understood to be. It was to establish those parameters that he had brought me in.

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