MISTRIAL AZ - Gabriel Cuen-Buitimea, shot and killed with AK-47, rancher George Alan Kelly charged, Kino Springs, Jan 2023 #2

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neesaki said:
Behind here…. So what’s with this judge … told court reporter to stay and he walked out ?!
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There really was no reason to. Unless he was ill.
Clearly, though...he was agitated prior to leaving.
He had just scolded the defense, limiting their time.....suddenly, with zero warning. He Knew, IMO...that he was stepping in some constitutional dark territory then, IMO.

My children used to run and hide also, rather than face the consequences when they were caught red handed. Just sayin'.

It was very very unprofessional, and probably he knew when he up and left, that he had just violated GAK's rights.
Would this be Serious grounds for a mistrial ? Me thinks so.
 
shotgun09 said:
There really was no reason to. Unless he was ill.
Clearly, though...he was agitated prior to leaving.
He had just scolded the defense, limiting their time.....suddenly, with zero warning. He Knew, IMO...that he was stepping in some constitutional dark territory then, IMO.

My children used to run and hide also, rather than face the consequences when they were caught red handed. Just sayin'.

It was very very unprofessional, and probably he knew when he up and left, that he had just violated GAK's rights.
Would this be Serious grounds for a mistrial ? Me thinks so.
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plus when the defense stated that it was a violation of GAK's rights he doubled down on the time limitation by stating
'and now you have 4 (minutes)'
So many things wrong with that, I'm glad it is being recorded.
 
fred&edna said:
Lawyer You Know is giving his thoughts on the judge walking out the other day. I think it's scheduled for 9:45p tonight. I have no idea what his views might be.
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Thank you for that ! I might actually have to stay awake and watch tonight. I have been interested in hearing what the lawtube peeps think of Finks behavior and rulings.
 
fred&edna said:
Lawyer You Know is giving his thoughts on the judge walking out the other day. I think it's scheduled for 9:45p tonight. I have no idea what his views might be.
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shotgun09 said:
Thank you for that ! I might actually have to stay awake and watch tonight. I have been interested in hearing what the lawtube peeps think of Finks behavior and rulings.
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Did anyone watch this? If so, Would be interested in what he had to say. TIA
 
neesaki said:
Did anyone watch this? If so, Would be interested in what he had to say. TIA
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I watched it, it was pretty brief and full of all the things mentioned previously. LYK said that the judge's behavior, in his opinion showed extreme bias against the defense and their client through his actions. Also, the jury saw and heard a brief exchange between Larkin and judge after she was scolded and told her time was up. THAT is enough, (according to this guy) to ask for RECUSAL. GAK's constitutional right to face his accusers and question them should never be infringed.

I wondered if, shortly after this all had transpired during a quick 30 minute break..the defense did jump up and file a motion to recuse and or motion for mistrial. MOO, I do not know if this was done or not.

Certainly the judge did an about face the following day, and suddenly there was all the time in the world for trial to continue, and no time limits were ever mentioned again.
 
shotgun09 said:
I watched it, it was pretty brief and full of all the things mentioned previously. LYK said that the judge's behavior, in his opinion showed extreme bias against the defense and their client through his actions. Also, the jury saw and heard a brief exchange between Larkin and judge after she was scolded and told her time was up. THAT is enough, (according to this guy) to ask for RECUSAL. GAK's constitutional right to face his accusers and question them should never be infringed.

I wondered if, shortly after this all had transpired during a quick 30 minute break..the defense did jump up and file a motion to recuse and or motion for mistrial. MOO, I do not know if this was done or not.

Certainly the judge did an about face the following day, and suddenly there was all the time in the world for trial to continue, and no time limits were ever mentioned again.
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Thank you @shotgun09 ! Sounds like something might have happened.
 
shotgun09 said:
I watched it, it was pretty brief and full of all the things mentioned previously. LYK said that the judge's behavior, in his opinion showed extreme bias against the defense and their client through his actions. Also, the jury saw and heard a brief exchange between Larkin and judge after she was scolded and told her time was up. THAT is enough, (according to this guy) to ask for RECUSAL. GAK's constitutional right to face his accusers and question them should never be infringed.

I wondered if, shortly after this all had transpired during a quick 30 minute break..the defense did jump up and file a motion to recuse and or motion for mistrial. MOO, I do not know if this was done or not.

Certainly the judge did an about face the following day, and suddenly there was all the time in the world for trial to continue, and no time limits were ever mentioned again.
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From what I’ve read here on Websleuths, the trial seems to be going so poorly for the state and so well for the defense, I can’t see the defense asking for a mistrial or a recusal since that would cause a mistrial. Why give the state another chance to do possibly do better?
 
Pyrite said:
From what I’ve read here on Websleuths, the trial seems to be going so poorly for the state and so well for the defense, I can’t see the defense asking for a mistrial or a recusal since that would cause a mistrial. Why give the state another chance to do possibly do better?
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Great point.
Even I am embarrassed for the state.
 
I just finished watching today's morning session of trial, which was the continued defense cross exam of Detective Ainza, the lead detective and star witness for the state. Lowthorp was extremely effective in proving the sloppiness, and error ridden bias of the state's case. It was brilliant. IMO, there was even a Perry Mason moment in there also. ( Showing my boomer-ness ).
I am waiting for the court site to download so I can say exactly what it was.

The most absurd answer Ainza gave multiple multiples of times was " I wasn't there". Or, " That wasn't my job". He threw his LE fellows under the bus, and acted dumb. This guy was the LEAD detective, and sat through every day of this trial so far, at the states table. His testimony on cross was laughable, if not extremely sad for the citizens in AZ.

All, MOO
 
shotgun09 said:
I just finished watching today's morning session of trial, which was the continued defense cross exam of Detective Ainza, the lead detective and star witness for the state. Lowthorp was extremely effective in proving the sloppiness, and error ridden bias of the state's case. It was brilliant. IMO, there was even a Perry Mason moment in there also. ( Showing my boomer-ness ).
I am waiting for the court site to download so I can say exactly what it was.

The most absurd answer Ainza gave multiple multiples of times was " I wasn't there". Or, " That wasn't my job". He threw his LE fellows under the bus, and acted dumb. This guy was the LEAD detective, and sat through every day of this trial so far, at the states table. His testimony on cross was laughable, if not extremely sad for the citizens in AZ.

All, MOO
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This trial needs a funeral..Thanks for updates
 
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