2011.06.23 TRIAL Day Twenty-six (Afternoon Session)

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  • #521



 
  • #522
  • #523
Oh, so the DT once again puts this whole case in jeopardy of a mistrial.
 
  • #524
OK. Is the DT really, really trying for a mistrial. They keep cracking that door. And I don't blame JA for wanting to ram a Mack Truck through it. This team of DT lawyers is just about the equivalent of Larry, Curly and Moe.
 
  • #525
What scares me is that if it's a mistrial because of the prosecutors mistake, then it's possible for the defense to argue double-jeopardy and she could win that and walk.

I think HHJP is being so careful right now exactly because of this. So let's not worry if he rules in favor of the defense on this one. The Prosecution has tons of evidence - they can afford to let this lame witness say what he wants, even if it's anti-Vass. Vass can come in later and refute anything this guy says anyway. JA was right to say he'd let go of this line of questioning.
 
  • #526
  • #527
For that guy to say he could not replicate the test is udder nonsense. Why don't they just strike that answer or go ahead and let the State impeach him? Maybe that is what the judge is waiting for, the State to ask to strike that answer?

I don't know if he can ask to strike the answer? Especially if he didn't object to it right away? Correct me if I'm wrong.
 
  • #528
Judge Perry is trying to save the trial from a mistrial. We are 5 weeks in.
by Jessica Steck/WESH.com at 1:28 PM

It looks like this problem put the case at the closest to a risk for mistrial we've seen yet.
by Jeff Cousins/WESH.com at 1:28 PM
 
  • #529
thTR5TruckDriver2.gif
 
  • #530
I could just smack DS for doing this. How many times has the DT made HUGE blunders??? Way too many times!!!
 
  • #531
JA was very willing to drop it....kind of a shot across the bow sort of thing anyhow
 
  • #532
He said they would be capable of doing that test then during break he said they didn't have the correct machine. JA should go ahead and ask him at least to that point just to prove he's lying.
 
  • #533
Do we know where HHJP went?

Did he go to his chambers, like Judge Judy does to make a phone call....perhaps to a Florida Supreme Court Judge friend of his to get their take on this? :)

My guess is he went to find the Dessert lady......chocolate to calm the nerves!
 
  • #534
yes, I think Simms made a boo boo and wesh talking heads saying that hhjp trying to save the trial from a mistrial
She should have stuck to her malpractice suit specialty.
 
  • #535
Does anyone think Simms caused this problem, asking questions that almost opened the door for the State, because she is not used to the nuances of a criminal trial?

Yes.

IMO
 
  • #536
This DT does not want to finish this trial. They know they are going to lose. This is insane. This is not ineffective counsel, this is trying for a mistrial. So sad this is what our justice system comes down to.

ITA. When someone has the upper hand, break it. JMO. JB and Co are outmatched, (IMO) outclassed...there is no other option but the fail safe button for them.
 
  • #537
  • #538
The witness was a deer in the headlights when JA smacked that evidence down in front of him...I bet he gets all whiny to JB and CM today.
 
  • #539
This dud is WAY out of his element. I do not think that the DT prepared him for the bulldog JA can be.

When I first read your post I thought you meant dude but now I see it is dud. Funny :floorlaugh:
 
  • #540
I really don't think they're going to call a mistrial because JA put pieces of evidence up on the witness stand.

It's over shifting the burden.........not putting evidence up there.
 
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