Seattle1
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^^rsbmI see no reason why a sitting DA or ESPECIALLY a former DA would not rise to the defense of a colleague unjustly accused of unprofessional conduct. In fact, since they are all at the same risk it would seem especially important to protect their own professional careers by protecting hers - IF they believed she was being unfairly accused and unjustly prosecuted. To me, the absence of any defenders among the DAs speaks volumes and the scathing public condemnation of Stanley by highly respected former DAs carries great weight.
What's happening right now to the District Attorney and the DA's Office is very serious, and I won't endorse promoting the subject of measuring support by whether or not a former prosecutor/defender reaches out to MSM to offer a soundbite or a quote. We already see too much of this --the critique of family of victims. It just seems petty, and should be reserved for election endorsements.
<modsnip: personalizing>
Also, while the legal profession is largely self-governing, professional ethics and the rules of professional conduct go hand in hand, they're married. I'm not following why OP seeks to sever them here?? (i.e., Discovery is addressed in the Complaint).
It further makes no sense to me to suggest Stanley would spend two weeks before a Presiding Disciplinary Judge of the Colorado Supreme Court for anything less than Case Number: 23PDJ041, October 30, 2023, Claims I-VII, including but not limited to: Act with Reasonable Diligence and Promptness (i.e., Discovery), Pretrial Publicity, Prosecutor’s Extrajudicial Comments, and Conduct Prejudicial to the Administration of Justice, pursuant to Colo R.P.C. [Colo R.P.C. citation omitted].
IMO, at the core of this case, I think it always comes down to Rule-16- Discovery, and whether or not you adopt an opinion based on the true spirit of Rule 16, or something else. In other words, whether you adopt that the prosecution discovering a Cover Page a couple of days late, withheld for an address change, makes a valid claim of trial by ambush, or withholding evidence.
Whether or not you approve Motioning for Sanctions for Discovery Violations, after telling the Court you have not received files XYZ, when the truth is you received files XYZ-- but don't know how to open them. These examples are intentionally elementary to make a point. Because to my dismay, there are truly viewers here that adopt the same as being valid to claim trial by ambush, or evidence withheld, as is their right.
Just the same, for those who do not endorse the later view of Rule-16, and stand up to to say "enough is enough," (i.e., striking expert witnesses on the eve of trial), this is hardly the equivalent of wearing blinders for the embattled District Attorney. IMO, I think it's just the opposite, and I would never call it a wasted effort to learn to recognize the difference.
As a facts based crime forum, I think the only thing that's undisputed on this thread is that no Court that presided over this case ever cited Stanley or the DA's Office with willful misconduct, where Statute provides for the trial court to reserve "severe sanctions" for willful, negligent, conduct.
Finally, my earlier reference to People v Tippet, a split decision, was not fruit salad. And nothing fruity about Justice Samour, Boatright, and Marquez's Opinion "the rest of the story," affirming their belief that Turner's decision for "severe sanctions" appeared to be motivated by something less than honorable, forced, capricious, under the guise of "Extreme Sanctions for Deterrence Purposes."
But were they ever correct to fear that the Tippet decision by Turner would set a ghastly precedent. Since Tippet, Turner passed on Chief Judge Murphy's advice last November to send the baby killer (Jacobs) case to a different part of the state, and instead kept the defendant in her Court. No baby killer should be allowed to walk just because the DA used poor judgement to invite a reporter inside her office. IMO, and more importantly, not acting on the advice of your Chief Judge who provided a solution serves as another reason to question Turner's motivation. Turner has proved more harmful than the DA's Office!
(And no, this does not mean I believe the DA should not be disciplined for this conduct). MOO
The only issue is, if they did that, they would have to recuse themselves from all cases the DA is a part of. In a district as small as this, that would be impossible. So instead, the Chief Judge recused every single judge in the district and the case was asked to be transferred to a different part of the state.
Samour's words are worth repeating-- clear, foretelling, and need no further interpretation:
"They were looking for an opportunity to impose a severe sanction. Having sat on a trial court for many years, I understand their frustration," he elaborated. "But that doesn’t justify the severe sanction handed out here, which seems capricious and forced."
Samour concluded that Tippet should not "get a freebie," meaning face a lesser murder charge, just because the prosecution took weeks to fulfill its obligations.
link: See OP post 448
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