oceanblueeyes
Well-Known Member
- Joined
- Jan 2, 2004
- Messages
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Good morning!
What exactly happened that day, and why will never be fully known.
To know those things definitively the DA would have to have at least one living witness left behind in order to tell what had happened prior to the mass murder, during, and the aftermath.
Unfortunately, none survived making it impossible to know just like in so many other mass murder cases.
This is the very reason the state only has one burden to be proved BARD (not some imaginary or fanciful doubt. It must always be reasonable.)
They do NOT have any legal burden as to why, when, how, or even where it happened, but the sole burden is proving WHO did it, BARD.
And really that makes total logical sense since the prosecutors weren't there at the time, but they are allowed to enter powerful CE to support their theory which they are also allowed to put forth.
In the end, it really doesn't matter what happened that day or why it resulted in CM winding up murdering them all.
What matters in any criminal case/trial is knowing it DID happen, and proving BARD the one on trial is responsible.
CE facts cant be compartmentalized individually, weighing one at a time, and then setting it aside never giving it another thought.
CE is always weighed in their complete entirety as one long link of continuing rope, and not by weighing each thread of the rope separately, and setting it aside as if it has no relevance to all of the other CE entered. They all will be weighed together like always.
As mrjitty kindly posted, the jury is allowed to infer what all of these plentiful CE shows them. It is one of the reasons why CE cases are so powerful because they are filled with them throughout from beginning to end.
It's rather easy for the juries to follow the CE links when it has been laid out for them when it comes time to deliberate.
Imo they will ask for large white boards to be brought into the deliberation room. They will list all of the CE that has been entered throughut from both sides.
Some may ask for read backs or transcripts of testimony in case one or more remembers another piece of CE that they feel should be added, where some may not have recalled clearly about that particular piece evidence entered.
It's like making a roadmap filled instead with CE facts. At the end they will come to the end of their journey convincing them he is either G or NG.
Imho, I think by the end of the trial, the state will meet their burden, and will have more than enough evidence to prove BARD, CM is indeed the one guilty of all 4 murders.
Imo
What exactly happened that day, and why will never be fully known.
To know those things definitively the DA would have to have at least one living witness left behind in order to tell what had happened prior to the mass murder, during, and the aftermath.
Unfortunately, none survived making it impossible to know just like in so many other mass murder cases.
This is the very reason the state only has one burden to be proved BARD (not some imaginary or fanciful doubt. It must always be reasonable.)
They do NOT have any legal burden as to why, when, how, or even where it happened, but the sole burden is proving WHO did it, BARD.
And really that makes total logical sense since the prosecutors weren't there at the time, but they are allowed to enter powerful CE to support their theory which they are also allowed to put forth.
In the end, it really doesn't matter what happened that day or why it resulted in CM winding up murdering them all.
What matters in any criminal case/trial is knowing it DID happen, and proving BARD the one on trial is responsible.
CE facts cant be compartmentalized individually, weighing one at a time, and then setting it aside never giving it another thought.
CE is always weighed in their complete entirety as one long link of continuing rope, and not by weighing each thread of the rope separately, and setting it aside as if it has no relevance to all of the other CE entered. They all will be weighed together like always.
As mrjitty kindly posted, the jury is allowed to infer what all of these plentiful CE shows them. It is one of the reasons why CE cases are so powerful because they are filled with them throughout from beginning to end.
It's rather easy for the juries to follow the CE links when it has been laid out for them when it comes time to deliberate.
Imo they will ask for large white boards to be brought into the deliberation room. They will list all of the CE that has been entered throughut from both sides.
Some may ask for read backs or transcripts of testimony in case one or more remembers another piece of CE that they feel should be added, where some may not have recalled clearly about that particular piece evidence entered.
It's like making a roadmap filled instead with CE facts. At the end they will come to the end of their journey convincing them he is either G or NG.
Imho, I think by the end of the trial, the state will meet their burden, and will have more than enough evidence to prove BARD, CM is indeed the one guilty of all 4 murders.
Imo
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