afitzy
Former Member
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- May 12, 2019
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I get this I think but my concern is broader than just the laptop screen issue.@afitzy - you are right - the Court has broad discretion regarding a mistrial.
But think about WHAT (if any) is the prejudice to Defendant here? If Defendant caused the protected document to be disseminated, in violation of the Court’s order, the Defendant only could be prejudiced if a Juror violates the Court’s order, and finds and reads the report on line, and concludes that the report is unfavorable to D. These facts are upside down - D wants the report in as exculpatory, so there is no prejudice to D.
The Judge was abundantly cautious to keep this issue from the juror’s ears - so just based on the record - the whole laptop screen incident should be “contained” with respect to the jury.
My first concern (nothing to do with this trial) is that because Defendant has the report that she leaks it online and effectively shames a Victim and harms the children. If this happens I do hope there is Civil action by the Farber family against Defendant as this is imo profoundly wrong. My second concern (has to do with trial) is that it seems like this report even though it can't be evidence and can't be shared with the jury effectively has taken on a life of its own in this trial and could I fear have the jury thinking that there is something key they aren't privy to that could somehow show the Defendant in a favourable light and that what the State is saying about Fd and MT not 'winning' in Family Court simply isn't true even though evidence to support the States case has been clearly presented.
The issue of this report has been kicking around on social media with the Defendant and her family now for 4 years and her two attorneys have now brought the report into the trial to the point where even if it can't be admitted as evidence it effectively has that same power even though nobody knows what is in the report or even if all the Defence attorney statements made about the report and MT commentary about the report in the LE interviews is even correct. The report isn't important but its been made to seem important and worse yet something important is now hidden from the jury as evidence. How can this fact pattern NOT taint a proceeding?
I think the only way out of the mess is to call it a day and start again with different rules on the report from day 1 which imo was huge error made here by Judge R. When you look back at Judge R allowing "Testimony/Cross" from Defence now for weeks (Judge R said today he has allowed it because everyone has different styles....I do hope Judge R rethinks this as he imo lost a game of 3 card Monte and had his clock cleaned by Defence Counsel imo) that the Defence has been dropping breadcrumbs since Day 1 about the report and nobody or nothing has stopped them really. We are now sitting in week 4 I think and the crazy irrelevant discredited report is the elephant in the room imo. Nobody seems to care whether the report could be damaging to the privacy of children or that a victim can be shamed with no defence either.
When you look at Defence "testimony/cross" where they don't really ask questions as they should be doing but are instead simply testifying to the Jury in contravention of what I understand (admittedly limited!) to be Court rules on procedure and evidence etc.
Atty Felson today with her 'testimony/cross' of GAL Atty Meehan effectively spent idk 90% of her time talking in a veiled and not so veiled way about the discredited report as she allegedly crossed Atty Meehan. What do you think the jury made of this? Judge R gave her his strongest admonishment yet (you've crossed the double yellow line) but she disregarded him imo and kept on hammering away until State had to get up 4 times in a row and simply object to all her questions which violated the pre agreed upon order/stipulation? regarding the matter. Atty Felson knew the ruling and agreed to it yet she still crossed the line repeatedly simply to convey the D message to the jury. This is just one example of this happening as Jon Shoenhorn has also been doing this for weeks. Shoenhorn even tried to horse trade the stipulation he signed on the evidence he kept in a box in his office for over a year! We also had more games on the phone location data which played out today. So much of the evidence imo should have been agreed to and resolved pretrial yet the games simply continue for some reason I don't understand.
IDK, just seems like banana republic justice tricks and games imo with no consequences and its all quite disappointing and unacceptable and IDK how jury can do its job and achieve justice with all that has gone on?
Not sure what to think but I'm pretty disgusted with the way this has been allowed to play out by the Judge as its all be totally avoidable imo. IDK what to think, like I said procedural court issues and mistrial are above my pay grade and maybe the jury can see through it all but why take that risk as imo its a huge risk to justice being served. Just call the trial and start again.
MOO
Edited to add Ch12 Marisa Alter article (full article posted by another person above) which summarises imo what this non admissible report has done to taint this trial with the Judge's absolute approval so far as i see.
"Meehan also told the jury Fotis Dulos was encouraged by a custody report that came out in April 2019—a report that is sealed and its contents not admissible at trial. Meehan said the findings led Fotis Dulos to file a new motion, which Meehan was barred from speaking on, with both sides appearing in court in May. That was just weeks before police believe Fotis Dulos killed Jennifer Dulos in her home in New Canaan."
So, today we get GAL saying what Defence has been saying about being encouraged by report. Sure anyone can say anything but that doesn't mean its correct. Zero effort was exerted by the State that I saw to put the FD comment by GAL in context.
I'm not posting Marisa Alter article for any other reason other than to show what a monster this non admissible report has become. Marisa btw has been following this case diligently and brilliantly imo since DAY 1 of JF being missing. I in no way put her into the same boat as the NBC CT Crew with Shannon Miller who seem to have a paid relationship with Defence and Defendant and family imo.
MOO
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