So? He has another case pending. It's his absolute right to do so. Just like it was Brian Higgins' right to have his lawyer standing right next to him when he testified.
MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #20 Retrial
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So? He has another case pending. It's his absolute right to do so. Just like it was Brian Higgins' right to have his lawyer standing right next to him when he testified.
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That's interesting the debate about Chloe's molds and opinion of Dr Crosby while listening to the judge. She told Brennan it's an uphill battle.
Also, BC sure is talking gently to AK's attorney! She's handling him with kid gloves. Very friendly and accommodating with him.
MOO
Brennan is right to be afraid of the pending ARCA testimony.
Defense will absolutely get it across to the jury this time the impossibility of an impact between JO and that tail light. At the kind of force needed to smash and break the tail light, JO's injuries or lack of are impossible. No broken bones. No bruising. Not to mention the symmetry of the arm wounds and no tail light in them and no DNA, skin or blood on any of the fragments located.jmo
If KR merely side swiped JO at a lower speed, then the damage to the tail light makes no sense. Plus again it does not explain the arm injuries or where JO 's body was located. Jmo
The CW knows the difficulty it is in. Same as last trial they absolutely cannot prove BARD KR's Lexus or any vehicle was involved and they know it. Their case remains a failure. Jmo
Also judge cannone is not even trying to hide her bias at this point. Her attitude is unbelievable. What's she got to lose or does she just hate KR as part of the witch hunting team. ? Never seen such a bias before, ever. Jmo
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Doesn't he work? He's always there except not today. I don't see any of the immediate family there.
Imo the jury has a right to know ARCA were originally commissioned by the fbi. But looks like cannone will do everything she can to make sure they don't. iCBW
What was witnessed in today's final Motions hearing before trial leaves me with no confidence that the Court will fairly address the Sally Port inverted videos in the Juror Instructions! As I opined in the last thread, it was a huge mistake not to allow the defense a hearing on their MTD.
Today, the Court completely ignored the question regarding the metadata in the defense Motion, and instead allowed Brennan to pontificate on why the defense could not and won't receive the image of the file. Duh-- the defense did not request and has no interest in other case files here -- they want the raw file info that the CW failed to provide them years ago, period!
Why is this Prosecutor allowed the gaslight the Courtroom?
And btw, Brennan, ARCCA is not on trial here! It's the CW's burden to prove their case per the theory they came up with. Just because the evidence does not support the CW's theory, this does not give you the right to attack and burden the defense expert witness. Give it up already, tell the Jurors that ARCCA was initially the FBI's expert witness. MOO
He's terrified. Jmo
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Well, watching that video of today's proceedings, when she asked AJ about that, it seemed that it was a confidentiality issue of ARCCA, not of the judge? She was asking AJ what they can testify to and AJ said they can testify to what tests they performed. Maybe I misunderstood that part but it seemed like the judge has no control over what ARCCA can testify about? I'm getting the impression that ARCCA cannot divulge certain details due to confidentiality agreements with the FBI.
Idk, I missed the details. If that's the case, then it's a shame some sort of solution wasn't found in the first trial. Judge was so careful about the buffer zone and extraneous influence on the jury, yet she made zero effort to address how to prevent jury speculation as to ARCA's commission. Moo
As I understand it, according to at least one juror, they speculated ARCA were hired by insurers for the Lexus and therefore bias! Just unbelievably shocking and unjust.Moo
If I'm understanding correctly, for this trial, defense are owning ARCA as their own chosen, commissioned and paid for specialists? And good ones they are.
What I don't understand is why it cannot be mentioned to this jury that they were previously commissioned by FBI as part of their own investigation. It can hardly be confidential at this point right when the jurors can just read it in the news after the trial is over? It adds to defense establishing the credibility of ARCA as experts imo.
If the CW's case was SO strong! So 100% certain that KR murdered JOK then the ARCA findings could easily be impeached! The fact that he throws hissy fit after hissy fit about them shows you how absolutely ridiculous the CW's case actually is!! Not only that but the lead investigator's work was so lazy, terrible, compromised and screwed up that he got fired for it!! Then to throw more smoke and mirror's into things Hank goes and tries to call Turtle Boy to testify! What exactly does he have to do with the solid, indisputable facts in this murder Hank????
Hank is in deep, deep trouble here . He's petrified of the things he has no control over because the case was so very thin to begin with. All that's left for him to do is rely on ambulance chasing , slimeball, lawyer tactics to try to win this fraud of a trial. I mean he actually stood up in court today and asked...no BEGGED to have unrelated actors come in to read text messages and phone messages!!!! What kind of hack does this with a serious face?? It's freakin embarrassing is what it is!! No lawyer worth his salt would even consider to stoop so low as to pull this parlor trick on a jury in this century!
It's your stereotypical role reversal with the defense and the cw here. To use the stereotype, the cw is behaving like a slimey defense lawyer imo. Dodgy as!!
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For Pete's sake! Drama much? Guess Julie couldn't wait until the Court ruled that AK/Turtle Boy has a valid, legal basis to plead the fifth if the CW called him as a witness -- not to mention it's his constitutional right to do so. His sequestration is waived -- why not report this. Pfft...
Seriously, I'm no fan but it's a fact he has pending litigation involving witnesses in this case and isn't even allowed to be present in the Courtroom when certain witnesses testify.
Agree. The drama being created over this is pathetic.jmo
ETA drama being created by Brennan is what I mean and the fueling of the flames by certain uninformed elements in the media using twitter as platform.
Relevance to the trial and the evidence is zero Brennan. But all he really has is jury emotions. Moo he's looking for any opportunity to work on them to the point of ignoring the proper evidence during trial. Nasty, unethical tactic. Jmo
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God forbid a person uses his/her Constitutional Rights!!
Imo during trial x1, the jury heared those sighs, felt her attitude, made note of her disdain and impatience. That judge cannone refused to control herself in front of a jury in trial 1 is not ok. Imo such behaviour by a judge intimidates a jury and has the potential to make them afraid and nervous to speak up and ask questions during deliberations for fear of judgement by the judge.In addition to the interruptions, I typically listen to the proceedings at the office wearing headphones and I can attest to BC's heavy breathing, sighs, etc., nearly every time the defense is up! And this does not occur when the CW speaks. I've never experienced this before. It's so obvious that I can't believe BC has not been made aware of this and does it anyway. I'm also shocked that she's so often unprepared for these hearings. Seriously, she set the trial date herself for Tuesday!
Everything should be done to ensure a jury is comfortable and confident and jmo this was not what happened in trial X 1. When I get the chance I'll be watching for how this judge communicates her bias during trial x2. Of course she has plausible deniability on her side. Smh. Moo
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@jepop -- you make a very valid point about BC's behavior, body language, affecting the jurors. We did hear they were unsure they could ask her any questions when she'd come back to their room, and that they were uncomfortable around her! I'd call that intimidation. JMO
Thank you for saying that.
While I disagree with the Judge's ruling on this, it is quite a difficult issue IMO.
I guess BTL, it is clear enough ARCCA were commissioned not to examine the accident in the usual way and determine what happened, but rather to investigate if the tail light evidence must have been planted.
IMO Brennan believes the defence effectively instigated that investigation - which if so, would be a smart move by them. The problem is, due to FBI policy, we have no idea what their eventual conclusions were.
So to allow any of this in opens up a huge can of worms which the Judge prefers not to do - and I think this is at least in part because she suspects correctly the relationship is not as clear cut as it seems - AJ did himself no favours on that score either.
Very bizarre situation IMO
My understanding is ARCCA cannot testify about some aspects of their relationship with the FBI - eg what was the scope and nature of their original retainer?
This is one of the issues - this Court cannot get any clarity in to the nature of the FBI investigation
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