QPRfan
Justice for Brittanee Drexel
- Joined
- Nov 9, 2016
- Messages
- 148
- Reaction score
- 1,082
What are the other options your bother as a prosecutor suggested?
I may not be able to explain this with the legal acumen necessary, but he suggested the judge could have instructed the jury that the sequestration violation had occurred and allowed the prosecution to cross examine on the violation itself. For example, when CM was explaining his side of the violation, and was "caught" with some less than truthful explanations, those things would become part of the testimony and would serve to undermine his credibility and show his willingness to lie under oath. Conversely, he suggested the judge could have allowed the defense to decide if the witnesses be excluded or allowed to be cross examined on the violation. I guess its similar to what occurred today with TM's sister: essentially the idea that allowing those witnesses to be exposed as liars is better than appearing to suppress the testimony entirely. At least from an appellate point of view.
It makes me sick that this family can and knowingly and deliberately watch the trial in that room & block the door so they can hide what they're doing. I'm sure TM put them up to it so their testimonies would all match. Hopefully the fact that they deliberately broke sequestration and watched testimony will stand since it makes their intended testimony suspect. Was your brother a prosecutor in SC?
I completely agree with you. I enjoyed seeing the family members get punished for their clear unwillingness to follow the rules as much as anyone, but in this case it may have been better to lose the battle and win the war. If it could be shown conclusively that TM put them up to it, that would be one thing, but outside of that, the perception to an unbaised outside observer may be that you are punishing a defendant (and removing a large part of their legal defense) based on actions of the witnesses and not necessarily the defendant themselves. Some people have suggested they may be intentionally messing with the proceedings to get a mistrial. I agree that seems possible, even likely. The actions of some of those people fits perfectly with what I expected from them. Bottom line for me is I want a conviction that withstands an appeal, and TM (and eventually SM) go away for a long time.
He wasn't a prosecutor in SC, but rather out here in the western US. I think it just shows his concerns regarding the increased level of difficulty in re-trying a case after an appeal, and his belief every attempt should be made in the first place to avoid giving the defense anything to strengthen an appellate case. At least, that's the way I took it.