GUILTY Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 *Arrest* #21

  • #141
  • #142
Unsurprised to see the hotel situation being raised.
Didn't the jury go home each afternoon, up until deliberation started? It's not like they all ate dinner together. The Bailiff would have been guarding the door to the jury rooms.
 
  • #143
It is not as if there are lots of hotels in Morwell. Erin wanted the trial in Morwell. She got it. Now she includes the jury accommodation in her appeal.

I guess they are throwing whatever appeal item they can at the wall and hoping something sticks.

imo
 
  • #144
It's all feeling like the world's smallest violin to me. Oppressive and unfair questioning? Erin chose to get on the stand! God forbid the prosecution hurt her feelings!
 
  • #145
I think the hotel situation is actually one of the weaker appeals.
 
  • #146
I think the hotel situation is actually one of the weaker appeals.
There's certainly not any proof that anyone from the jury had contact with anyone that they shouldn't - I mean, that's what the chaperones are there for. To preserve the integrity of the jury. Wherever they're lodging.

MOO
 
  • #147
Unfair and oppressive? Oh poor Erin, she would never have done anything so unkind. :eek:
 
  • #148
I do get it. It’s EP’s right to appeal and no doubt she and her legal team will try to find any way they can do so. Whether she will be given leave to appeal is another story. All imo
 
  • #149

“In the appeal documents, Patterson also criticised key pieces of evidence used by the prosecution, including cell tower evidence and sightings of death cap mushrooms in Loch and Outtrim, as well as evidence given by Patterson's Facebook friends.

During the trial, Patterson's lawyers had attempted to show the jury photos and videos — found on an SD card at her home — related to mushrooms to show a history of foraging.

But the judge ruled the evidence was inadmissible, which the appeal documents claim was a "substantial miscarriage of justice".
 
  • #150
  • #151
I think the hotel situation is actually one of the weaker appeals.

I think they raised it because of the reported 'accidental erasure' of CCTV files -- which I interpret as the lack of saving video camera files to other media such as flash drives before they were overwritten as time passed, which is how DVRs usually operate otherwise the inboard disc would eventually run out of free space.

If no one says/instructs "Save all video for this date through this date" then that video will be overwritten eventually and lost.

A bit like "Oh, so they erased the files, therefore something untoward must have occurred".
 
  • #152
But the judge ruled the evidence was inadmissible, which the appeal documents claim was a "substantial miscarriage of justice".

I suppose she has no complaints about all the prosecution evidence that was deemed inadmissible.
 
  • #153
Looks like she objects to every piece of evidence that has convicted her.
 
  • #154

“In the appeal documents, Patterson also criticised key pieces of evidence used by the prosecution, including cell tower evidence and sightings of death cap mushrooms in Loch and Outtrim, as well as evidence given by Patterson's Facebook friends.

During the trial, Patterson's lawyers had attempted to show the jury photos and videos — found on an SD card at her home — related to mushrooms to show a history of foraging.

But the judge ruled the evidence was inadmissible, which the appeal documents claim was a "substantial miscarriage of justice".
Cell tower evidence used by the prosecution is exactly what will be used at Samantha Murphys murder trial. Patterson's defence pulled this apart in court. I was under the impression that cell tower readings were fairly accurate in what expert witnesses say about them. MOO
 
  • #155
I'm fairly certain that there is more evidence available against her now than there was before the trial. So, if it goes back to trial I'd say she has two chances, Buckley's and none. There is a good chance however that her sentence will be increased to LWOP.
 
  • #156
Hi Monstradamus, you might have to explain "Buckley's" to our overseas friends! :D
 
  • #157

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal​

Patterson appealing convictions on seven grounds, after being found guilty of killing three people using beef wellingtons laced with death cap mushrooms in regional Australia

Erin Patterson is appealing against her triple murder conviction on seven grounds, including the “irregularity” around sequestering the jury in the same hotel as police and media representatives, and that her cross-examination during the trial was “unfair and oppressive”.

According to documents filed to the Victorian court of appeal and released to the media on Wednesday, Patterson also seeks to appeal on the grounds that cell tower evidence – along with evidence of death cap mushroom sightings near her home -should not have been allowed. She also agued evidence from the so-called Facebook friends, who met Patterson through a true-crime group, should also not have been heard during the trial.
Im confused by these articles today.
They say she hasn’t been granted leave to appeal. Yesterday they were saying she has been granted leave to appeal 🤨
 
  • #158

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal​

Patterson appealing convictions on seven grounds, after being found guilty of killing three people using beef wellingtons laced with death cap mushrooms in regional Australia

Erin Patterson is appealing against her triple murder conviction on seven grounds, including the “irregularity” around sequestering the jury in the same hotel as police and media representatives, and that her cross-examination during the trial was “unfair and oppressive”.

According to documents filed to the Victorian court of appeal and released to the media on Wednesday, Patterson also seeks to appeal on the grounds that cell tower evidence – along with evidence of death cap mushroom sightings near her home -should not have been allowed. She also agued evidence from the so-called Facebook friends, who met Patterson through a true-crime group, should also not have been heard during the trial.
So basically she’s appealing virtually everything they have against her 🤣

If there’s a retrial I hope the cctv of the dump trip the afternoon of the lunch is allowed into evidence. That in itself is damning, IMO.

IMO
 
  • #159
Im confused by these articles today.
They say she hasn’t been granted leave to appeal. Yesterday they were saying she has been granted leave to appeal 🤨

I think that article is saying that the documents were lodged (the documents of proof of each ground for appeal) because leave for appeal was granted. Just that a court date for the appeal has not yet been set.
 
  • #160
So basically she’s appealing virtually everything they have against her 🤣

If there’s a retrial I hope the cctv of the dump trip the afternoon of the lunch is allowed into evidence. That in itself is damning, IMO.

IMO

I know right !!

Half an hour after the lunch - off she pops to the Rubbish Tip - all on CCTV (released after trial) FFS

I'm gobsmacked that WASNT allowed into evidence.

Justice is STACKED for the perp !! - always !!

IMO EP big mistake was taking the stand - if she shut up she might have gotten away with it.
Just like all the bikies do in Australia (members of outlaw motorcycle gangs (OMCGs))
 

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