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- Oct 10, 2019
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My two cents ...
There will always be disagreement over whether charges should have been brought against the Adelsons prior to this time. Willie Miegs made the decision not to pursue CA or DA and the record is clear that there were differences of opinion within his office. Nevertheless, it was his decision to make and he chose not to go forward. There was every reason to believe either KM or SG (or both) would flip and, thus, waiting to pursue the Adelsons was rational in that sense (had KM taken the deal and turned State's evidence, we'd all agree the decision was sound). Be wary of exercising hindsight.
At the same time, many experienced prosecutors agree that there was (and still remains) more than enough circumstantial evidence to gain a conviction against CA and possibly DA. As we just saw, juries are always a roll of the dice and you can never be certain what the outcome will be (hence, some justification for taking one's time and deferring filing charges against the Adelsons). It is entertaining to weigh in and express opinions, but we simply do not know all of the factors in play at this time. My forensics company is currently handling murder/manslaughter cases with the prosecution in San Francisco and Dallas and I have had the opportunity to ask several assistant prosecutors in each office whether they believe charges would be filed. Their observations lead me to conclude that, if this were a betting proposition, I would place a large sum of money on the eventual prosecution of, at least, CA. You may disagree, of course, and that is what makes this discussion forum so interesting.
Anybody who claims "CA will walk" or "CA will be convicted" should be taken with a grain of salt -- just as anyone who says "CA will be charged" or "CA will definitely not be charged" doesn't really know. Prosecutors must weigh many elements before making a decision to commit the State's resources and juries are a crap shoot and always will be.
There will always be disagreement over whether charges should have been brought against the Adelsons prior to this time. Willie Miegs made the decision not to pursue CA or DA and the record is clear that there were differences of opinion within his office. Nevertheless, it was his decision to make and he chose not to go forward. There was every reason to believe either KM or SG (or both) would flip and, thus, waiting to pursue the Adelsons was rational in that sense (had KM taken the deal and turned State's evidence, we'd all agree the decision was sound). Be wary of exercising hindsight.
At the same time, many experienced prosecutors agree that there was (and still remains) more than enough circumstantial evidence to gain a conviction against CA and possibly DA. As we just saw, juries are always a roll of the dice and you can never be certain what the outcome will be (hence, some justification for taking one's time and deferring filing charges against the Adelsons). It is entertaining to weigh in and express opinions, but we simply do not know all of the factors in play at this time. My forensics company is currently handling murder/manslaughter cases with the prosecution in San Francisco and Dallas and I have had the opportunity to ask several assistant prosecutors in each office whether they believe charges would be filed. Their observations lead me to conclude that, if this were a betting proposition, I would place a large sum of money on the eventual prosecution of, at least, CA. You may disagree, of course, and that is what makes this discussion forum so interesting.
Anybody who claims "CA will walk" or "CA will be convicted" should be taken with a grain of salt -- just as anyone who says "CA will be charged" or "CA will definitely not be charged" doesn't really know. Prosecutors must weigh many elements before making a decision to commit the State's resources and juries are a crap shoot and always will be.