GUILTY MI - Chelsea Bruck, 22, Frenchtown Twp., 26 Oct 2014 #7

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Tssiemer said:
Is this different than an appeal?


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Hmmmm . . . Good point, and I am not sure. He is "entitled" to an appeal, begrudgingly admitted.
 
Sounds like it's different. This link says the trial would start over in front of a different jury. It sounds like a retrial is less time and money compared to an appeal.

http://www.plaintiffmagazine.com/re...ion-for-new-trial-sink-a-potential-for-appeal

"Defendants typically make motions for new trials after guilty verdicts. In some jurisdictions, the trial judge can order a new trial without a defendant asking. If the judge denies a motion for a new trial, the defendant can file an appeal asking a higher court to overrule the trial judge."

http://www.nolo.com/legal-encyclopedia/motions-new-trial.html


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I know this doesn't necessarily involve Chelsea, but I couldn't help noticing how many similarities there are in this case and hers.
He tried to say it was consensual, that she was flirty, things got out of hand, changed his story (about 10 times), told a different story when he went on the stand, and she was a willing participant.....ugh!!! :facepalm:

He’s not a lady’s man; he’s a rapist
http://www.monroenews.com/news/20170628/hes-not-ladys-man-hes-rapist
 
Monster, this is as good a place as any to keep Clay's issues.

Rape trial begins ( not Chelses Bruck)
Ray Kisonas on twitter: https://twitter.com/raykisonas

Trial begins, jury selected. to last 2-3 days
http://www.monroenews.com/news/20170627/daniel-clays-second-trial-is-in-progress

Woman to Nurse: "Clay raped me". trial continues
http://www.monroenews.com/news/20170627/woman-to-nurse-clay-raped-me
When the first police officer arrived at the Washington St. apartment, he testified that the woman was so distraught she had to be handcuffed to a gurney to protect herself and paramedics from harm.
“She asked me to shoot her and kill her,” Monroe Police Officer Joshua Roelant said on the witness stand today. “She became very hysterical. She was in a very disturbed state.”

Clay assaulted her and bit her on the chest and neck, Benore said. He then dragged her by the hair to the bathroom where he put her in the tub and masturbated over her, according to his statements. A teenager who lived in the building testified that she heard screams of “No!” and “Stop!”
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Day 2 continues:
http://www.monroenews.com/news/20170628/testimony-continues-in-daniel-clay-trial

Woman describes sexual assault to jury
http://www.monroenews.com/news/20170628/woman-describes-sexual-assault-to-jury
During cross examination defense attorney Russell A. Smith began questioning the woman about her mental health history but Assistant Prosecutor Jennifer Ewen objected.
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Circuit Judge Daniel S. White allowed Smith to continue the line of questioning but with limitations. The alleged victim told jurors that she did not have a mental health history but did spend time previously in a psychiatric ward after accidentally overdosing on Adavan.

But as the questioning continued, Clay began to break down. He was seen lowering his head onto a table and sobbing and at times he breathed rapidly as if hyperventilating.

“My life is falling apart,” he was seen saying. “I don’t care anymore.”
At another portion of the hours-long video played for the jury, Schiappacasse asked Clay if he was a sex addict.
“A little bit,” Clay answered.
Click to expand...


Trial ends, jury deliberated tomorrow (Thursday)
http://www.monroenews.com/news/20170628/hes-not-ladys-man-hes-rapist

“She would mess around with me; a little flirty,” Clay said on the stand. “She seemed pretty promiscuous.”
His description was the polar opposite of what the woman said on the stand earlier in the day. She said he burst into the apartment uninvited then immediately struck her in the face and dragged her off the sofa. She testified that he pinned her arms above her head, held his forearm across her neck and forced himself on her. He then bit her, dragged her by the hair to the bathroom where he flipped her into the tub and masturbated over her.
Click to expand...



 
I'm going to post some tweets from Day 2 if no body minds....

[video=twitter;880041461932322816]https://twitter.com/RayKisonas/status/880041461932322816[/video]

[video=twitter;880043725816299520]https://twitter.com/RayKisonas/status/880043725816299520[/video]

[video=twitter;880044099004387328]https://twitter.com/RayKisonas/status/880044099004387328[/video]
 
[video=twitter;880045253453107200]https://twitter.com/RayKisonas/status/880045253453107200[/video]

[video=twitter;880046230247800832]https://twitter.com/RayKisonas/status/880046230247800832[/video]

[video=twitter;880051306257301504]https://twitter.com/RayKisonas/status/880051306257301504[/video]
 
I'll do it a different way, as I can only get 3 tweets per post....

Attorney Smith asked victim if she invited Clay back to apartment to have sex and she testified that she did not

Victim clutched a stuffed bear during her testimony , which has concluded

In a video of the police interview Daniel Clay states that the victim attempted a sexual act in front of others

Clay tells cops that he was never alone with the victim

Monroe police Detective John Schiappacasse , who interviewed Daniel Clay, is on the stand

Clay tells detective that victim was flirting and touching him and that they had a sexual encounter in the bathroom

At one point in the interview Clay lowers his head on the table and sobs telling the detective "my life is falling apart."

After catching inconsistencies in his story Detective Schiappacasse tells Clay the best thing to do is get it off his chest

Detective Schiappacasse: "are you a sex addict?" Daniel Clay: "A little bit."

Clay tells detective he probably bit her chest and it was consensual at first

The prosecution has rested and Daniel Clay is on the witness stand .


all tweets from https://twitter.com/rayKisonas
 
Clay testifies that the sex was consensual and the woman was willing even aggressive

Prosecutor Ron Benore is now cross examining Clay and asking about his inconsistencies

Benore tell Clay he had offered 11 different stories in the past year

Benore asked if victim made up the whole story because they stole a $10 bottle of vodka ? Clay said yes

Benore asks Clay here you sit telling us another story ? Clay: yes

Trial over . Closing arguments next

Jennifer Ewen mocks Clay's self proclaimed description of bring a lady's man

Ewen calls Clay a rapist and a coward

Ewen says victim went through hell on earth that night

Jennifer Ewen to jury: he's not a lady's man; he's a rapist

tweets from https://twitter.com/rayKisonas
 
In his closing Russell Smith begins his statement on victim 's drug use and past

Smith tells jurors that Clay did spin a web of lies but he told the truth on the witness stand

Smith says the woman seemed to be enjoying the consensual sex

:eek:

Smith discusses alleged victim's inconsistencies in her stories including one where she was attacked in the shower and she fought him off

In Ewen's rebuttal of closing statements she said it doesn't matter if victim used drugs or drank . It doesn't mean he didn't rape her

Jury will receive instructions tomorrow morning and then begin deliberations

all tweets from https://twitter.com/rayKisonas


Doesn't anyone know "what time" they start? Is Michigan Central Time zone?? I have to figure out either I'm 7 or 8 hours ahead... :thinking:



TIA!
 
Niner said:
In his closing Russell Smith begins his statement on victim 's drug use and past

Smith tells jurors that Clay did spin a web of lies but he told the truth on the witness stand

Smith says the woman seemed to be enjoying the consensual sex

:eek:

Smith discusses alleged victim's inconsistencies in her stories including one where she was attacked in the shower and she fought him off

In Ewen's rebuttal of closing statements she said it doesn't matter if victim used drugs or drank . It doesn't mean he didn't rape her

Jury will receive instructions tomorrow morning and then begin deliberations

all tweets from https://twitter.com/rayKisonas


Doesn't anyone know "what time" they start? Is Michigan Central Time zone?? I have to figure out either I'm 7 or 8 hours ahead... :thinking:



TIA!
Click to expand...

It is eastern time zone. I don't know the time but I would guess around 8am, maybe 9.


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I would guess about 9am EST for the trial start time. it is 8:30 here right now.
 
Guilty of first degree criminal sexual assault and not guilty of home invasion.

[video=twitter;880813056053391361]https://twitter.com/raykisonas/status/880813056053391361[/video]


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I wonder why not for home invasion.... perhaps because her door was not locked.

Thank goodness this jury has fulfilled its duties. Wonder when sentencing comes.

Reading the latest article, I think the tweet that jury was deadlocked was an error on reporter's part. They most likely had not come to any decision and had to break for the night.

ETA:
http://www.monroenews.com/news/20170630/clay-found-guilty-of-sexual-assault
- 11 hours of deliberation. 8 men, 4 women
- jury found Clay guilty of criminal sexual conduct – first degree
- not guilty of home invasion
- max penalty is life in prison
- When the verdict was read, Clay showed no emotion.

 
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