GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #7

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https://m.youtube.com/watch?v=nLGZlPMTlns

Cardoza is putting new jury instructions on record. Apparently he met with the attorneys to hash it out. A bunch of instructions were taken off the table, but I don't know what they signify. He read a lot of numbers. No time to look them up.

Jurors eating lunch, in recess, will return.
 
Akaku puts all the live stream videos into its YouTube archive soon after the segment ends (when the court breaks).
getting impatient, really want to hear this.
 
There was about half an hour of mostly whinging by Apo, including a new tactic of possibly proposing to waive the jury on this phase, which Cardoza denied. Apo also objects to rushing through this phase as he sees it, and says SC cannot make an informed choice on whether or not to testify.

I think he is possibly making such a fuss because SC has decided to testify, because he said Steven has already communicated his decision, and a defense attorney should not object if a client remains silent.

We hear Steven speak in answer to one question. He sounds calm.
 
I hate to say this, but I actually agree with Apo's stated reasons to give it more time. I mean, if the defendant were someone else, someone possibly getting a bum deal, someone I cared about, I would also think it's unfair to rush his due process because of holiday travel constraints.

Being as it is Steven, I don't care; he has had more than enough due process.
 
puakenikeni said:
I hate to say this, but I actually agree with Apo's stated reasons to give it more time. I mean, if the defendant were someone else, someone possibly getting a bum deal, someone I cared about, I would also think it's unfair to rush his due process because of holiday travel constraints.

Being as it is Steven, I don't care; he has had more than enough due process.
Click to expand...

Apo had ample time to prepare for this part of the trial I don't feel sorry for him. Sounds like he is not ready at all and will not have an opening statement prepared. The jury has been deliberating for almost 1 month Apo should have been preparing just incase. I find his excuses absurd! IMO
 
I don't ever fell sorry for Apo. I think he is quite crafty. Now he is projecting that the defense team expected Steven would not be found guilty. As a defense attorney, that's a better tactic than admitting that you knew you were going to lose with a guilty as sin client.

The argument I find reasonable is that as a court-appointed attorney, he is not obligated to go home and work all evening. A private practice case, he may at times do that, but not with this gig. Hawaii is so slow on most things that this seems rushed, and it is, because a juror needs to get on a noon flight tomorrow due to the holiday.

One thing they do well here is rushing to get off work or go on vacation.
 
The live stream never came back (so far).
Apo is objecting that Steven isn't in the right state of mind to make a life-altering decision on whether or not to testify during this phase. Not fully advised by counsel and not rested and still processing the verdict, Apo claims.

Rivera says right to a speedy trial that SC invoked is why they didn't get the key evidence in (DNA). That Steven can't pick and choose when to have it go speedily and when slow because it will benefit him.

No final ruling yet.
 
Get the trial over with, this jury needs to get their life back. I don't think this phase will take that long and probably could have been over with today if Apo would have quit delaying. imo
 
Court is ending for today and reconvening on Tuesday January 3, 2017 at 8:30 am. Thanks to Apo!

I still think he should have been prepared for a guilty verdict! imo
 
I think Cardoza is justified in saying the show must go on. Apo had 6 months to prepare for this phase of the trial. So SC is not in the right frame of mind after being found guilty.... ya think??? Who would be? F--k him! I don't give a damn about how SC feels and whether or not he ready for phase II. Ask Charli how she feels.

Unless he's going to draw us a road map to the remains, we don't wanna hear no more of his damn lies. Time for him to sit his narrow behind back in his seat and stfu so Maui can mourn their sister and baby brother. I'm sick of him.
 
The guilty have more rights than the victims. It is so very frustrating.
 
Loio said:
I think Cardoza is justified in saying the show must go on. Apo had 6 months to prepare for this phase of the trial. So SC is not in the right frame of mind after being found guilty.... ya think??? Who would be? F--k him! I don't give a damn about how SC feels and whether or not he ready for phase II. Ask Charli how she feels.

Unless he's going to draw us a road map to the remains, we don't wanna hear no more of his damn lies. Time for him to sit his narrow behind back in his seat and stfu so Maui can mourn their sister and baby brother. I'm sick of him.
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Thank you Loio! After watching the part where he said that it was a hard decision to make regarding the rest of his life, I almost started to feel bad for him. Thank you for reminding me! He needs to tell us where she is and that's all that matters. He lost the right to have a life of freedom when he violently took away two lives!

Bye-bye, SC.
BYE-BYE, you heartless piece of scum!
 
It's very frustrating, but it's apples and oranges. We all have the same rights when we are defendants in a criminal trial. Victims have the same rights if they become defendants.

People who are not being prosecuted don't need to have that whole set of procedural protections known as due process. I would imagine that if any of us had innocent loved ones on trial (or even guilty loved ones), we would be thinking the defendant rights were super important. We might even think they were inadequate to protect the innocent.

Try to remember that legal rights are not created to protect guilty people. They exist to protect the innocent who unfortunately get wrongly arrested and tried. History is full of cases where innocents were sentenced and summarily executed. Wrong place, wrong time, lying witnesses, corrupt officials, all stuff our society is trying to move away from.

There is no way for the trial system to protect the innocent that does not also protect the guilty, because if we already knew without fail which were which, then we wouldn't need trials.
 
puakenikeni said:
It's very frustrating, but it's apples and oranges. We all have the same rights when we are defendants in a criminal trial. Victims have the same rights if they become defendants.

People who are not being prosecuted don't need to have that whole set of procedural protections known as due process. I would imagine that if any of us had innocent loved ones on trial (or even guilty loved ones), we would be thinking the defendant rights were super important. We might even think they were inadequate to protect the innocent.

Try to remember that legal rights are not created to protect guilty people. They exist to protect the innocent who unfortunately get wrongly arrested and tried. History is full of cases where innocents were sentenced and summarily executed. Wrong place, wrong time, lying witnesses, corrupt officials, all stuff our society is trying to move away from.

There is no way for the trial system to protect the innocent that does not also protect the guilty, because if we already knew without fail which were which, then we wouldn't need trials.
Click to expand...

You are right. We all need those rights. Look at how many people have been wrongly put to death over the course of history due to lying witnesses. It does get frustrating in cases like this, though. We have DNA, we have evidence to prove his lies are bogus in addition to many witness accounts. It's been almost three years. At least we are on the right path now, though. At least that jury came back undivided and he is now facing the charges. Hopefully this part of it all will close up soon so Charli and Joshua's family can put more focus on the search, enacting new laws, and on healing.
 
On another note, did you catch what Apo said right before the 7 minute mark of today's final video segment? He said he could use the unscheduled time tomorrow to make his motion for "Judgment for Acquittal." It wasn't easy to make out the name of the motion.

This is an explanation of this motion.
https://www.law.cornell.edu/rules/frcrmp/rule_29#

It's what used to called a motion for a directed verdict --for the judge to set aside the jury's guilty verdict because the jury convicted without a sufficient legal basis.

Ugh, so Apo is going to make that move, one more test of endurance for the family. Hopefully Cardoza denies it and that's that for now, but it might come up on appeal.

Sigh. I want to be done with him too, but Cardoza is doing his best not to get the conviction overturned, and that's why he pushed the second phase to Tuesday--not because he wants to make Steven or Apo happy campers.

Deny Steven's constitutional rights at this critical phase, and the guy could go free on appeal. Be glad the judge is patient and thoughtful.
 
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