SC - Paul Murdaugh & mom Margaret Found Shot To Death - Alex Murdaugh Accused - Islandton *Guilty* #43

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One thing I just remembered that I haven't seen pointed out...

Judge Newman was AT the Moselle visit with the jury and BH. He rode separately, but he was there on site with everyone. If he didn't see it, but Dick did...Dick had immediate access to tell Judge Newman about it.

"12 jurors and 2 alternates met at the Colleton County Courthouse on Wednesday morning where they were loaded into several transport vans and sent on their way to Moselle, according to pool reports. Judge Clifton Newman rode separately in a pick-up truck that was driven by Colleton County Sheriff’s Office Captain Jason Chapman."


It was the day before the trial was set to end. So, obviously, this would not be something you would see and decide to just go home and think about it for a while before saying something.

Has it been stated officially somewhere that defense did NOT bring this up to the Judge? Do we know that for sure?

I ask because we know earlier that same week the Judge voiced his concern over what his Clerk did with a single juror, but, from the transcript, appears he did not do anything about that concern and his Clerk. If he only voiced his concern but no action was taken, and he did say this in the presence of all the attorneys,then perhaps if they saw something at the visit they didn’t think it would help them mentioning it? I don’t know. But I am curious IF this happened there, and IF we know for sure that defense did not bring it up later to the Judge before this Motion months later. The State’s reply seems to use a lot of “when did you first learn this” type of talk in it.

And perhaps, IF he saw something with Clerk and a juror, he didn’t immediately think this was wrong? Her book indicates she was the point person for all of the juror’s needs and tried to be the best hostess she could for all of them, if for weeks she’d acted in ways that checked in on them individually then maybe something like this wasn’t immediately concerning, IF he actually saw anything at all.

What I think isn’t being focused on much is perhaps the bigger problem for the State and the Court, which is if the Clerk pulled any juror aside at a visit like that. We know from her book and news interviews she’s talked about how the “jury felt” both visiting there and immediately after. She wrote about how everything just “spilled out” when leaving the property and how she knew the jury knew he was guilty before they even left Moselle. Maybe just some poor choices in words to describe that, or maybe she had some conversations with jurors, not sure we know for sure yet. As far as I know the State isn’t saying things like that incident did not happen, they’re saying the defense needs to explain how and when they first learned of this information.

IF something like this did happen, then the Clerk likely has some explaining to do. IF other jurors said they witnessed something like this, while the Clerk denies it all, it will be an interesting he said she said thing. We already know that Judge Newman - as he said on the record - that the 2 individuals plus the juror all denied the specific story he was questioning them about if the juror spoke of the case - but that he had some “recording” and used that as the basis for the juror’s removal. I mention this only to show that 3 individual parties’ words were discounted by the Judge, so may not be a stretch to think if defense attorney brought up a concern about the clerk but clerk and her staff says she didn’t do it, it may not matter what the defense attorney said? Just like it didn’t seem to matter that Judge said the two individuals “waffled” when he questioned them about the juror but still seemed to believe something happened despite 3 separate and independent denials. JMOO
 
FWIW during a different trial, an attorney from the Prosecution's table encountered a juror as one was entering a restroom as the other was exiting. Exchanged casual greeting before the attorney realized it was a juror. Nothing else was said, a real non event IMO but said attorney put it on the record, I believe the judge investigated to his satisfaction and ruled the same. Nothing significant.

Whatever the nature of an exchange between a juror and the clerk, IMO it should have been reportred. The instructions were clear.

A court is only as strong as its officers, the jurors and the judge. There can be no breaches in justice.

If it were reported, I believe it works have necessarily been on the record. Outside the presence of the jury, but on the record. If sensitive in nature, then an in chamber review, which then the judge himself would later put on the record.

If it was reported, IMO it'll be on the record. In the official transcript. That's what the transcript is for.

JMO
 
FWIW during a different trial, an attorney from the Prosecution's table encountered a juror as one was entering a restroom as the other was exiting. Exchanged casual greeting before the attorney realized it was a juror. Nothing else was said, a real non event IMO but said attorney put it on the record, I believe the judge investigated to his satisfaction and ruled the same. Nothing significant.

Whatever the nature of an exchange between a juror and the clerk, IMO it should have been reportred. The instructions were clear.

A court is only as strong as its officers, the jurors and the judge. There can be no breaches in justice.

If it were reported, I believe it works have necessarily been on the record. Outside the presence of the jury, but on the record. If sensitive in nature, then an in chamber review, which then the judge himself would later put on the record.

If it was reported, IMO it'll be on the record. In the official transcript. That's what the transcript is for.

JMO
Do we know for sure, IF it happened that it was NOT reported to the Judge?

I was saying I’m not sure we know that for sure yet. We have the State saying in their Reply that the defense must include when they learned such info but not saying these things, or any one specific thing in particular, did not happen. In my mind that doesn’t equal the State saying they never happened so I’m curious to see if we know for sure that the defense never brought up this or other concerns at any time during the trial. Since their Motion focused on actions of the Clerk, I also would not be totally surprised if they did not include some pieces; heck they didn’t include five plus pages from one of the transcripts in their Motion if you look at the page numbers.

It will be quite the twist if the defense has something to show when they noted what they saw and the property and if they shared that with anyone. By the time they visited the property we already had the Judge saying his concern of what his Clerk did about talking to a single juror herself but don’t know what if anything else happened for his concern about how his Clerk was acting within her role. If nothing happened other than voicing his concern to the attorneys then mahbe defense could argue that even if they had brought something up they felt it may not have done anything. Or if they themselves thought that what they saw at the property was anything nefarious.

Again I think IMOO the bigger issue of concern is if the Clerk did anything. If one or more jurors saw this at the property, but the Clerk denies it, and someone else be it a bailiff or security or defense attorney saw it too then we will have quite the he said she said
 
I just watched this on Netflix what is the general consensus on if he killed them?

I can’t make my mind up he was obviously there but was he capable of pulling the trigger.
JMO but I think this man is capable of anything to cover his butt and to get money. Absolutely anything, he has no moral compass.
 
FWIW during a different trial, an attorney from the Prosecution's table encountered a juror as one was entering a restroom as the other was exiting. Exchanged casual greeting before the attorney realized it was a juror. Nothing else was said, a real non event IMO but said attorney put it on the record, I believe the judge investigated to his satisfaction and ruled the same. Nothing significant.

Whatever the nature of an exchange between a juror and the clerk, IMO it should have been reportred. The instructions were clear.

A court is only as strong as its officers, the jurors and the judge. There can be no breaches in justice.

If it were reported, I believe it works have necessarily been on the record. Outside the presence of the jury, but on the record. If sensitive in nature, then an in chamber review, which then the judge himself would later put on the record.

If it was reported, IMO it'll be on the record. In the official transcript. That's what the transcript is for.

JMO
I can really relate to that juror. While serving on a jury, I was in a hurry to catch the elevators to go to lunch and jumped into the very next one and did not notice until the door closed that the entire defense team was in the elevator. I was shocked. I made a joke and got off on the next stop and they all laughed and realized that it was just a mistake.
 
It is a good question, one that will be interesting to see if we get an answer.

However, I’m playing devil’s advocate and trying to “explain” it if I was Harpootlian, I think there’s some details he could counter with. Like, on 2/28 when Judge Newman said he was “not pleased” with what the Clerk did in talking to a juror before him; he says in his own words what sounds like a concern, Harpootlian could try to say that in this example the Judge was made aware of a concern, he expressed his own concern, but still did not (from what we know publicly) do anything about that concern regarding his Clerk. This was a few days before the trip to the property. If by this time Harpootlian and Griffin had seen other examples where the Judge may not have taken some of their concerns seriously, then maybe they saw little point in bringing it up then?
Who knows. We only have two partial transcripts and one with several missing pages in their Motion, but it is a good question. IF he did see anything at that jury visit then the question of why he did not bring it up then is important.

Though, to be really clear, I am not sure if we know that he did not bring it up after it happened, right? JMOO
I can't imagine Harpootlian keeping his mouth shut. I think it would actually injure him to keep it closed if he even thought something happened at the home. If you were to tell this man you like sausage he would proceed to tell you which pig died in order to made the sausage and every step it took to make the sausage. JMO
 
Has it been stated officially somewhere that defense did NOT bring this up to the Judge? Do we know that for sure?

...
RSBM,

It hasn't been stated anywhere that they didn't bring it up, but my gut ells me that Harpootlian did not based on the reaction and look from fellow attorney trying to hush him right quick during the presser where he stated this 'event' out loud.
 
RSBM,

It hasn't been stated anywhere that they didn't bring it up, but my gut ells me that Harpootlian did not based on the reaction and look from fellow attorney trying to hush him right quick during the presser where he stated this 'event' out loud.
Thanks.

I guess it’s good that the Clerk didn’t answer any “how did the jurors feel” question on local news station, and, instead, went into explaining how as the Clerk she did not really know how any of them felt viewing the property.

Oh. Sigh. She did do that on local news. And then wrote about how she knew what the verdict would be from the jury by the time they were riding back from the property. Her best recourse now may be to either blame her co author for writing it that way, and then trying to explain away her multiple news appearances as just being poor with her word choice.

I also don’t think the “no clerk has done this before, shared this perspective” line her co author has been using is much of a selling point, if anything it shows precisely an potential issue those in similar roles avoid because of even the appearance of impropriety. JMOO

I still feel very bad for the co author and his wife, regardless of what may come with this stuff. She was live-streaming the press conference when defense announced their Motion to Stay, and before the livestream they were clearly very excited & had no idea what it would be about. I’m sure they were completely blindsided by the allegations against a woman they both became close with over the book

He seems to really believe she got approval from the Ethics Commission for the book, and I’m not sure how anyone could reasonably reach that conclusion after reading their letter, especially when they say their own opinion may become invalid if they were not provided with accurate information.

What a tangled web it all is right now….
 
Sorry to go off current topic of the thread but I’m just now hearing about Cory Fleming appealing his conviction and sentence. I can’t find the actual appeal anywhere yet but I’m confused as the reports say he’s appealing both the conviction and the sentence. Looking for input from WSers to help me understand this…

How does one appeal a conviction when he plead guilty? I didn’t think that was possible - that is - I thought if you plead guilty you waive the right to appeal the conviction but retain the right to appeal the sentence.

Is he appealing the sentence because he somehow thought that the state court would be bound by the federal court’s recommendation on state sentencing?

How would an attorney even think that the state could be limited by a “recommendation” from a federal case? It wasn’t even an order just a recommendation.

Also one of the articles i read said that the state prosecution said he was not cooperative in the state investigation. I didn‘t know if that was in the sentencing hearing or when the plea was entered. Does anyone have a source for that?

Wasn’t part of his federal plea agreement that it would be voided if he didn’t fully cooperate with the state investigation? If he did not cooperate - as the prosecution said he didn’t - could he get a longer federał sentence now?

Does anyone know what he gave as the basis for his appeal? I’m guessing he cannot just appeal because he thought the state would be bound by the federal recommendation on sentencing and that there has to be some valid reason for the appeal. I think I read that he fired his lawyer and got another one so I’m wondering if he’s going with ineffective counsel???

TIA
 
Sorry to go off current topic of the thread but I’m just now hearing about Cory Fleming appealing his conviction and sentence. I can’t find the actual appeal anywhere yet but I’m confused as the reports say he’s appealing both the conviction and the sentence. Looking for input from WSers to help me understand this…

How does one appeal a conviction when he plead guilty? I didn’t think that was possible - that is - I thought if you plead guilty you waive the right to appeal the conviction but retain the right to appeal the sentence.

Is he appealing the sentence because he somehow thought that the state court would be bound by the federal court’s recommendation on state sentencing?

How would an attorney even think that the state could be limited by a “recommendation” from a federal case? It wasn’t even an order just a recommendation.

Also one of the articles i read said that the state prosecution said he was not cooperative in the state investigation. I didn‘t know if that was in the sentencing hearing or when the plea was entered. Does anyone have a source for that?

Wasn’t part of his federal plea agreement that it would be voided if he didn’t fully cooperate with the state investigation? If he did not cooperate - as the prosecution said he didn’t - could he get a longer federał sentence now?

Does anyone know what he gave as the basis for his appeal? I’m guessing he cannot just appeal because he thought the state would be bound by the federal recommendation on sentencing and that there has to be some valid reason for the appeal. I think I read that he fired his lawyer and got another one so I’m wondering if he’s going with ineffective counsel???

TIA

I think it's generally understood that while plea deals can be negotiated and ironed out by the prosecutors and defense lawyers, they are ultimately subject to the approval and/or discretion of the Judge presiding over the case.

IMO, CF was handed a gift by the feds when United States District Judge Richard M. Gergel accepted CF's guilty plea and imposed a 46-month sentence, followed by a 3-year term of court-ordered supervision.

As part of the sentence, Fleming agreed to pay $102,221.90 in restitution. He was also ordered to pay a $20,000 fine.

Last August, in Federal Court, CF admitted to conspiring with AM to siphon settlement funds, disguised as “prosecution expenses,” for their own personal enrichment, defraud the estate of GS, AM's former housekeeper, and responsible for the theft of settlement funds from a client whose son passed away after being rendered a quadriplegic in a car accident.

Shortly after receiving his federal sentence, CF also pleaded guilty to a second set of charges in the State's grand jury indictment (23 state charges) but wasn't immediately sentenced.

Last week, before Judge Newman, CF's defense attorney stated that she had already presented to the Court the federal transcript of CF's sentencing where Judge Gergel recommended that the defendant's state charges should not result in more time behind bars.

However, this sentiment and recommendation didn't go over well with Judge Newman. Instead, Judge Newman heard from Lawyers representing the victims who asked the judge for additional penalties to deter future deception from lawyers tempted to betray disadvantaged clients.

State prosecutor Creighton Waters said Fleming “should not get buy-one-get-one-free” and sought consecutive state sentences. The state court needs to have a say, too, he said.

Reminding CF that he faced as many as 195 years in prison for the state charges, Newman ultimately handed down a 10-year state prison term that will run alongside his federal (46-month) sentence and another 10-year state prison term that will run consecutively (i.e., 13 years, 10 months total).

As to why CF is appealing his conviction and the sentence -- I've never seen the original plea agreement that he signed but it must not have been binding. I do recall that CF's attorney-- Deborah Barbier, previously stated that while they agreed the facts of the case were sufficient and accurate enough to make him guilty, they planned to dispute some of Waters' statements.

CF's defense only filed the notice of appeal which does not provide the basis. That will follow with the defense's brief asserting that an error was committed during trial (and/or implementing plea agreement) and requires the case be remanded to the trial court or the conviction or sentence be vacated or reversed.

IMO, I don't see any error (basis) and doubt the appellate will agree to a "do-over." I think it's sour grapes over the punishment but also think it was very presumptuous of CF to think the State Court would just accept the recommendation of another jurisdiction. Unlike the Feds, the State District Court recognized the victims who lived among them.



1695616691910.png
 
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I think it's generally understood that while plea deals can be negotiated and ironed out by the prosecutors and defense lawyers, they are ultimately subject to the approval and/or discretion of the Judge presiding over the case.

IMO, CF was handed a gift by the feds when United States District Judge Richard M. Gergel accepted CF's guilty plea and imposed a 46-month sentence, followed by a 3-year term of court-ordered supervision.

As part of the sentence, Fleming agreed to pay $102,221.90 in restitution. He was also ordered to pay a $20,000 fine.

Last August, in Federal Court, CF admitted to conspiring with AM to siphon settlement funds, disguised as “prosecution expenses,” for their own personal enrichment, defraud the estate of GS, AM's former housekeeper, and responsible for the theft of settlement funds from a client whose son passed away after being rendered a quadriplegic in a car accident.

Shortly after receiving his federal sentence, CF also pleaded guilty to a second set of charges in the State's grand jury indictment (23 state charges) but wasn't immediately sentenced.

Last week, before Judge Newman, CF's defense attorney stated that she had already presented to the Court the federal transcript of CF's sentencing where Judge Gergel recommended that the defendant's state charges should not result in more time behind bars.

However, this sentiment and recommendation didn't go over well with Judge Newman. Instead, Judge Newman heard from Lawyers representing the victims who asked the judge for additional penalties to deter future deception from lawyers tempted to betray disadvantaged clients.

State prosecutor Creighton Waters said Fleming “should not get buy-one-get-one-free” and sought consecutive state sentences. The state court needs to have a say, too, he said.

Reminding CF that he faced as many as 195 years in prison for the state charges, Newman ultimately handed down a 10-year state prison term that will run alongside his federal (46-month) sentence and another 10-year state prison term that will run consecutively (i.e., 13 years, 10 months total).

As to why CF is appealing his conviction and the sentence -- I've never seen the original plea agreement that he signed but it must not have been binding. I do recall that CF's attorney-- Deborah Barbier, previously stated that while they agreed the facts of the case were sufficient and accurate enough to make him guilty, they planned to dispute some of Waters' statements.

CF's defense only filed the notice of appeal which does not provide the basis. That will follow with the defense's brief asserting that an error was committed during trial (and/or implementing plea agreement) and requires the case be remanded to the trial court or the conviction or sentence be vacated or reversed.

IMO, I don't see any error (basis) and doubt the appellate will agree to a "do-over." I think it's sour grapes over the punishment but also think it was very presumptuous of CF to think the State Court would just accept the recommendation of another jurisdiction. Unlike the Feds, the State District Court recognized the victims who lived among them.



View attachment 449259
Here’s the link to the federal plea agreement…


I don’t think there was a plea agreement for the state guilty plea. I think it was just a guilty plea in open court. I really think CF thought the state would just go along with the recommendation of the federal court that he do no time in state prison and thought that any sentence he received from the state would be limited to the one issued by the federal court and run concurrent and be served in federal prison.

I didn’t realize he had not yet filed the appeal but only the notice of appeal but I guess that explains why I couldn’t find it :) I read that in SC an appeal after a guilty plea must be filed within 10 days of sentencing and I think I understood it to say that the legal reasons for the appeal must be included which would lead me to believe the notice of appeal is not enough and the actual appeal must be filed in that 10 day time frame. I’m guessing that is 10 business days (excluding weekends) which would give them until about the end of this week to file the actual appeal.
 
Here’s the link to the federal plea agreement…


I don’t think there was a plea agreement for the state guilty plea. I think it was just a guilty plea in open court. I really think CF thought the state would just go along with the recommendation of the federal court that he do no time in state prison and thought that any sentence he received from the state would be limited to the one issued by the federal court and run concurrent and be served in federal prison.

I didn’t realize he had not yet filed the appeal but only the notice of appeal but I guess that explains why I couldn’t find it :) I read that in SC an appeal after a guilty plea must be filed within 10 days of sentencing and I think I understood it to say that the legal reasons for the appeal must be included which would lead me to believe the notice of appeal is not enough and the actual appeal must be filed in that 10 day time frame. I’m guessing that is 10 business days (excluding weekends) which would give them until about the end of this week to file the actual appeal.
Thank you, @aafromaa. :)

For the state of SC, I can only reference Murdaugh's post-conviction appeal which was timely filed last March, and I agree that Fleming's appeal following a guilty plea is probably different.

For example, the next step for (Murdaugh) a post-conviction appeal-- after filing and serving appeal notice on the opposing parting, is to secure a transcript of the proceedings. I believe the Court had already granted multiple extensions for the transcript long before the issue with the Clerk of the Court (Ms Becky) came up.

Within 30 days after receiving the transcript, the party must serve one copy of its initial brief on all parties and file with the Court. The Respondent will then have 30 days to prepare, file, and serve its initial brief (answer). In other words, I'm used to waiting and waiting for the details and/or the basis for the appeal by the Appellant.

ETA: I just looked up AM's post-conviction appeal and since the transcript was first ordered by his defense on 3/21/23, the Court already granted 5 extensions, and the last extension was filed on 9/19/23:


1695660672842.png
 
I just watched the new Netflix episode.
WHY would the clerk of the court speak her personal opinion on a documentary ? Or..Write a book? On this case or any case?
She was embedded. She traveled to Moselle with that jury. She assisted the judge. She read the verdict. Why did she not remain quiet, respectful,keep her opinions to herself, zip it?
Wow. He may get a new trial because of her.

Jmo

I haven't really followed this latest twist along the exhausting AM saga, but IIRC this court clerk was already doing the podcast rounds just as the trial was ending / ended and I did wonder why she was writing a book and especially why she seemed to want to get it out so quickly -- first-mover advantage, I suppose.

It all seemed pretty mundane as she described it, but I definitely recall mentions of the Egg Lady. Several Murdaugh podcasts have updated their titles in order to capitalize on the listenership they gained during the case, but if memory serves it was the "Murdaugh Murders / Impact of Influence" pod.

EDIT: https://murdaughpodcast.com. For the full Hill interview, episode 130.
 
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Eric Bland
@TheEricBland


I really wish Team Murdaugh would stop making so many prejudicial extra judicial statements in connection with the pending motion for new trial and comments outside of court about clerk of court Becky Hill. They should do their talking in court and not to the media which is solely designed to inflame and manipulate pending proceedings. Notice that the state isn’t doing any talking outside of court. Time for a gag order. Harpootlian is quick to accuse others of creating press sensation about this case. It’s the pot calling the kettle black. EB


1:45 PM · Sep 24, 2023
 
Eric Bland
@TheEricBland


I really wish Team Murdaugh would stop making so many prejudicial extra judicial statements in connection with the pending motion for new trial and comments outside of court about clerk of court Becky Hill. They should do their talking in court and not to the media which is solely designed to inflame and manipulate pending proceedings. Notice that the state isn’t doing any talking outside of court. Time for a gag order. Harpootlian is quick to accuse others of creating press sensation about this case. It’s the pot calling the kettle black. EB


1:45 PM · Sep 24, 2023
Just IMOO but that’s pretty rich coming from a person who’s been on several shows, his own podcast, and interviews on CourtTV since the Motion was filed. He was the one who was immediately saying the Clerk is going to have some monster of a defamation suit against the defense attorneys because of what they said at the press conference. He also said multiple times that Dick threatened the other jurors about how they’d have to get an attorney.

Since he’s representing several of the jurors maybe he should take his own advice and leave his talking to in the Court.
 
Just IMOO but that’s pretty rich coming from a person who’s been on several shows, his own podcast, and interviews on CourtTV since the Motion was filed. He was the one who was immediately saying the Clerk is going to have some monster of a defamation suit against the defense attorneys because of what they said at the press conference. He also said multiple times that Dick threatened the other jurors about how they’d have to get an attorney.

Since he’s representing several of the jurors maybe he should take his own advice and leave his talking to in the Court.
I doubt you'll find any argument that DH and EB don't each love the sound of their own voices!
 
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8/23/23

KINGSTREE, S.C. (WCBD) – Disgraced former attorney and Alex Murdaugh accomplice Cory Fleming pleaded guilty to 23 state charges Wednesday inside a Williamsburg County courtroom.

The charges are connected to a plan to divert millions of dollars in the wrongful death settlement of longtime Murdaugh family housekeeper Gloria Satterfield.

Unlike in the federal court sentencing hearing that happened last week, where the federal prosecutor told the judge Fleming has been very cooperative, State Prosecutor Creighton Waters said Mr. Fleming has not lived up to his cooperation agreements. He said Fleming took action to steal his client’s money numerous times.

[..]

Waters went through a long list of things Fleming has been doing over the past decade to steal money from clients.

“For Mr. Fleming to try to claim that he didn’t do his share, the facts don’t back that up. These two men looked at the cases they had as if they were a pantry where they just opened the door and took what they want out,” he said.

Judge Newman said he accepted Fleming’s guilty plea, and he told him they would meet again on September 14th for Fleming’s sentencing.
_____________________________________

While I watched the Sentencing hearing on 9/14/23, I wasn't familiar with the lengthy hearing held on 8/23 in the Kingstree (Williamsburg County Court) which may provide some insight for Flemings's Appeal recently filed for his SC state guilty plea and sentence re. 23 charges. MOO

August 23, 2023 - Kingstree, SC

ETA: At about the 58-minute mark, defendant Fleming accepts the indictments are true and guilt was proven but disagrees with some of Prosecutor Waters's statements to be addressed on sentencing on 9/14/23.
 
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Just IMOO but that’s pretty rich coming from a person who’s been on several shows, his own podcast, and interviews on CourtTV since the Motion was filed. He was the one who was immediately saying the Clerk is going to have some monster of a defamation suit against the defense attorneys because of what they said at the press conference. He also said multiple times that Dick threatened the other jurors about how they’d have to get an attorney.

Since he’s representing several of the jurors maybe he should take his own advice and leave his talking to in the Court.

EB offered to represent other jurors, pro bono, only after Harpootlian threatened them.
 
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