Bittiness39
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- Dec 16, 2008
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I too would strongly examine the bench trial option. If an examination of the trial Judge's prior rulings in other cases pointed to their being objective versus being but an extension of the D.A.s office, I would ask the Judge to read a finding of facts into the trial record before reading the verdict. Though if the trial Judge were objective, I doubt that prosecutors would agree to a bench trial.
(Why would they want to waste a well poisoned jury?)
Having worked for two DA's offices during my time in law school...I got to say that you and both agree about a bench trial. The reason I feel this way...is because I knew a lot of the Judges very well...and while the process is not perfect on either side (Judges make mistakes as well)...it would be the way to go.
I think the SA's office in this case would agree to that. As far as I know, in Texas, because it is the defendent's life on the line...they have first choice.
I don't think that a poisoned jury will be a factor in this case though...well they might be a factor...but I feel that it would work in favor of the defendent/KC. So much has come out via information about this case that the jury may be expecting a smoking gun a big time smoking gun...and if one is not presented...because the DP is on the table...there is room a jury to find for Reasonable Doubt.
A Judge though...may not arrive at the same conclusion. Which is dicey.
But I still say if my life were on the line, and the Judge was fair...I would prefer a bench trial. But that is just me. Naturally, in this scenario, I would be innocent...and thus confident in the ability to be found not guilty. :angel: