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(12,265 posts)The Magistrate
(95,255 posts)Is what the judge says to disregard....
InAbLuEsTaTe
(24,123 posts)Tomconroy
(7,611 posts)Really bad. I mean really, really bad.
Sympthsical
(9,126 posts)Then talked down and got shitty with the judge, and dismissed the judge's pre-trial ruling.
This is crazy.
Celerity
(43,573 posts)unblock
(52,345 posts)No double jeopardy, they may get another chance with a other judge.
Celerity
(43,573 posts)unblock
(52,345 posts)If there's sustained and repeated prosecutorial misconduct, sure, but unless I'm missing something this seems more like a one-off.
Celerity
(43,573 posts)went after the judge and told him to stop interrupting him, plus he has now 3 times violated pre trial rulings and has tried to introduce character evidence that is banned under Federal Rule of Evidence Number 404, as well as trying to slip in inferences that violate the little asshole's 5th Amendment rights against self-incrimination
unblock
(52,345 posts)Sympthsical
(9,126 posts)I've been following the trial closely, because I want to know the story instead of have it characterized for me.
This is just . . . what?
How the prosecutor isn't fired after this will be an absolute mystery.
Amishman
(5,559 posts)Prosecutor went straight to a subject that had already been explicitly covered and ruled as off limits. You cannot do that unannounced and in front of the jury.
Judge could have declared a mistrial there.
sarisataka
(18,788 posts)Rule rather than their intellect. In a different situation if a prosecutor brought up something that was barred 8n a pre-trial motion we would be calling for an immediate mistrial.
I think the prosecution knows they have lost and are willing to take big risks to sway the jury
Jim__
(14,088 posts)... is lying his ass off.
FBaggins
(26,772 posts)I'm baffled at what he's doing... and it isn't the first time.
NurseJackie
(42,862 posts)Calista241
(5,586 posts)especially if it's the prosecutions actions that brought about the mistrial.
Celerity
(43,573 posts)as it is due to prosecutorial misconduct
this prosecutor is a clown (so is the judge, so you have a perfect storm of volatility)
the lead counsel for the defence is loving life atm
sarisataka
(18,788 posts)Despite the emotional factor, the case was weak coming in. The witness testimony ranged from unimpressive to disastrous so the prosecutor is taking chances. He is hoping to somehow get a conviction here even at the risk of it being overturned on appeal.
PCIntern
(25,595 posts)And if it is the case that the prosecutor was far out of line, this reaction by the judge does not surprise me given some of the judges whom I have known during the last 40+ years. In fact, I believe that tonight if I have the time I will post an incident I had with a judge standing outside my office building. It was 0 to 120 in two seconds. I actually feared for my existence.
Alexander Of Assyria
(7,839 posts)-prosecutor had previously filed motion to present evidence of the accuseds previous bad conduct under the rule of evidence that permits the introduction of past conduct that may tend to prove the current conduct. It is a very narrow exception to the general prohibition against the introduction of prior bad conduct character evidence against an accused.
-judge had already heard this motion and ruled the proposed evidence was more prejudicial than probative
the prosecutor wanting to reopen the issue was the reason for the wrath.
-all done in absence of jury
the real jury
not the internet jury
-so, cool it with the judge is biased crap
Also, now that the accused, surprisingly, has taken the stand, so it may be open to the prosecution to restart the motion as soon as the accused utters a word hs the is of good character.
The verdict is far far from certain.
Johnny2X2X
(19,137 posts)He was confused as to whether it was the defense or the prosecution who filed the motion in question. It was the defense and he acted like it was the proecution.
Thomas Hurt
(13,903 posts)Maybe doing it on purpose to get the little fascist off?
What I am seeing this morning seems there is no prosecution just court room theater for the benefit of Court tv.
Amishman
(5,559 posts)if they are tanking, then the question is are they doing it out of resentment towards the external pressure on them; or out of sympathy?
qazplm135
(7,447 posts)Where the prosecution ignored a pretrial ruling and then later commented on the accused not testifying and the judge there was pretty pissed too.
Response to LetMyPeopleVote (Original post)
JoanofArgh This message was self-deleted by its author.
RockRaven
(15,016 posts)WhiskeyGrinder
(22,453 posts)Ocelot II
(115,875 posts)WhiskeyGrinder
(22,453 posts)you try introduce things they've excluded without letting them know you're going to do that.