FL - FSU Law Professor Dan Markel Murdered by Hitmen *4 Guilty* #23

[Knitpicker]

Yes, a lawyer can absolutely argue that. Rashbaum sort of has, IMO, by saying he can’t get a fair jury because people are talking about the case online, hasn’t he?). Not sure what the remedy would be for the argument that the internet in general has prejudiced the client- you can’t put a gag order on the whole internet and you can’t just throw out the case pm can you? Can you try ti find a venue where people aren’t on the internet as much? I really don’t know. But I do think we will be seeing more of the type of arguments Rashbaum is making with regard to Prejudicing the potential jurors. We want justice, but we also want it to be fairly achieved, and not vulnerable to appeal.

I’m talking about court documents/evidence.
Not chatter on the internet.

 

[cottonweaver]

Yes, a lawyer can absolutely argue that. Rashbaum sort of has, IMO, by saying he can’t get a fair jury because people are talking about the case online, hasn’t he?). Not sure what the remedy would be for the argument that the internet in general has prejudiced the client- you can’t put a gag order on the whole internet and you can’t just throw out the case pm can you? Can you try ti find a venue where people aren’t on the internet as much? I really don’t know. But I do think we will be seeing more of the type of arguments Rashbaum is making with regard to Prejudicing the potential jurors. We want justice, but we also want it to be fairly achieved, and not vulnerable to appeal.

Did he make those claims in court? Or was it mainly Charlie & Donna who did so, after the fact and maybe Rash complaining / deflecting after his poor performance? C & D's gripes seemed to have been 20-20 , Dateline & OMDB not the internet ( Her litigation list from her notes & his jail call)

Rashbaum went onto STS shortly after his client's arrest - despite all the advice against ( Advice from local, experienced criminal lawyers, ie lawyers unlike himself. He ticked none of those boxes. As far as I recall, this was Rashbaum's first criminal trial. )
He employed an expensive, experienced jury consultant. ( One who all three seemed to agree was fantastic! )
In court he approached podcasters & Youtubers and even played tennis with Mentour Lawyer.
Now I don't share the visceral antipathy towards DR that many have but I do think he was out of his depth.
Sounds like Morris is more level-headed too. Probably not so naive as to get into the online Markel bubble. I don't get the feeling Morris & Co will be surfing the net and watching Youtube

We'll have to see what's in CA's appeal re that - in bold above - but as for Donna's trial yes it might take longer to seat a jury this time in Tally. However, do we really think that a typical Tally juror is following the case on Youtube or poring over discovery documents? It sounds like an obscure, unpopular pastime, lol.
Will they have read some of the coverage CA trial in Tall Democrat - much more likely imo.

Having said all that, I already had the bad feeling that the trial is going to be delayed

 

[amicuscurie]

Did he make those claims in court? Or was it mainly Charlie & Donna who did so, after the fact and maybe Rash complaining / deflecting after his poor performance? C & D's gripes seemed to have been 20-20 , Dateline & OMDB not the internet ( Her litigation list from her notes & his jail call)

Rashbaum went onto STS shortly after his client's arrest - despite all the advice against ( Advice from local, experienced criminal lawyers, ie lawyers unlike himself. He ticked none of those boxes. As far as I recall, this was Rashbaum's first criminal trial. )
He employed an expensive, experienced jury consultant. ( One who all three seemed to agree was fantastic! )
In court he approached podcasters & Youtubers and even played tennis with Mentour Lawyer.
Now I don't share the visceral antipathy towards DR that many have but I do think he was out of his depth.
Sounds like Morris is more level-headed too. Probably not so naive as to get into the online Markel bubble. I don't get the feeling Morris & Co will be surfing the net and watching Youtube

We'll have to see what's in CA's appeal re that - in bold above - but as for Donna's trial yes it might take longer to seat a jury this time in Tally. However, do we really think that a typical Tally juror is following the case on Youtube or poring over discovery documents? It sounds like an obscure, unpopular pastime, lol.
Will they have read some of the coverage CA trial in Tall Democrat - much more likely imo.

Having said all that, I already had the bad feeling that the trial is going to be delayed

I thought that when he went on STS he complained about the attention the case had gotten on the internet, at the time I remember thinking the irony had escaped him.

 

[Knitpicker]

Did he make those claims in court? Or was it mainly Charlie & Donna who did so, after the fact and maybe Rash complaining / deflecting after his poor performance? C & D's gripes seemed to have been 20-20 , Dateline & OMDB not the internet ( Her litigation list from her notes & his jail call)

Rashbaum went onto STS shortly after his client's arrest - despite all the advice against ( Advice from local, experienced criminal lawyers, ie lawyers unlike himself. He ticked none of those boxes. As far as I recall, this was Rashbaum's first criminal trial. )
He employed an expensive, experienced jury consultant. ( One who all three seemed to agree was fantastic! )
In court he approached podcasters & Youtubers and even played tennis with Mentour Lawyer.
Now I don't share the visceral antipathy towards DR that many have but I do think he was out of his depth.
Sounds like Morris is more level-headed too. Probably not so naive as to get into the online Markel bubble. I don't get the feeling Morris & Co will be surfing the net and watching Youtube

We'll have to see what's in CA's appeal re that - in bold above - but as for Donna's trial yes it might take longer to seat a jury this time in Tally. However, do we really think that a typical Tally juror is following the case on Youtube or poring over discovery documents? It sounds like an obscure, unpopular pastime, lol.
Will they have read some of the coverage CA trial in Tall Democrat - much more likely imo.

Having said all that, I already had the bad feeling that the trial is going to be delayed

Delaying the trial will surely delay Wendi’s arrest.
I was thinking that it was Donnas idea that Rashi goes on STS.
In her warped, insane way of thinking, she probably thought it would be good PR for the family.

 

[amicuscurie]

Delaying the trial will surely delay Wendi’s arrest.
I was thinking that it was Donnas idea that Rashi goes on STS.
In her warped, insane way of thinking, she probably thought it would be good PR for the family.

Agreed.

 

[Zedzded]

Did he make those claims in court? Or was it mainly Charlie & Donna who did so, after the fact and maybe Rash complaining / deflecting after his poor performance? C & D's gripes seemed to have been 20-20 , Dateline & OMDB not the internet ( Her litigation list from her notes & his jail call)

Rashbaum went onto STS shortly after his client's arrest - despite all the advice against ( Advice from local, experienced criminal lawyers, ie lawyers unlike himself. He ticked none of those boxes. As far as I recall, this was Rashbaum's first criminal trial. )
He employed an expensive, experienced jury consultant. ( One who all three seemed to agree was fantastic! )
In court he approached podcasters & Youtubers and even played tennis with Mentour Lawyer.
Now I don't share the visceral antipathy towards DR that many have but I do think he was out of his depth.

DR is way out of his depth, but his failings as a lawyer go beyond that. Pure speculation on my part, but I think he has forgotten a lawyers primary duty to their client, to act in their best interests. I'm not sure if it's inexperience, incompetence an obsession with fame and fortune, chasing his 15 minutes... His appearance on STS was bizarre. Nonchalantly and very casually saying he wasn't surprised at how quick CA's jury returned with their verdict. His client lost their life that day and he's talking about it like he's discussing the weather.

Talking about DA like she's some sweet old lady not some person who has been charged with first degree murder and facing a significant amount of incriminating evidence. By trying to paint her in a sympathetic and humbling manner is going to backfire spectacularly. The jury will read the nasty, vitriolic emails and be offended that DR is treating them like idiots, trying to convince them DA is not the person whom they think she is.

And his suggestion that DA was simply travelling to Vietnam on a cheeky little holiday... it's like he's adopted the Adelson's approach to dealing with difficult questions, any answer is OK, it doesn't matter how ridiculous the answer is e.g CA's response to why he didn't attend DM's funeral "I was too upset." So now DR has to backtrack and admit DA lied to him and was trying to flee. But if there is evidence that he knew about that, he could be in a bit of trouble.. perhaps not legally, but at the very least his credibility and reputation will take a hit..

 

[Zedzded]

Ultimately there will be 6/7 of the co-conspirators sitting rotting in prison cells for the rest of their lives and their lawyers have a part to play in their life sentences. DR should be pleading with DA to make a plea deal (not saying the State would accept) instead he's pissing around filing motions to have court rooms changed and suppressing insignificant evidence and other useless nonsense trying to make DA think he's some kind of legal genius.

A lawyers duty is to ensure that justice is served and I guess Rashbaum, Kawass, DeCoste etc can all argue that that's what they did. Their self-serving actions and general incompetence saw their guilty clients jailed for life. Maybe one day we'll find out that they all colluded with one another, knowing their clients were guilty and deliberately acted with such ineptitude as to ensure their clients had no chance of being found not guilty. They took one for the team and allowed themselves to be ridiculed and vilified. Justice is served.