Opening statements / State vs Jason lynn Young 6-7-11

[Madeleine74]

Ah but notice I said, "creative." An attorney has latitude on the inferences s/he can draw and can also make lots of promises in opening that they do not have to ever follow up. They can also make pronouncements without knowing that they are specifically false (and also not know if they are specifically true). Depends on the state's laws, of course. Many defense attorneys are seen as slimy because they straddle that line and push the envelope.

 

[Madeleine74]

If a defendant is found to be not guilty in their trial, s/he cannot turn around and then sue the prosecutor(s). There is immunity from that. This info is from defense attorney Richard Hornsby of Orlando, FL.

 

[Just the Fax]

Can't wait to hear what Judge Stephens said about H.K. Kurtz was (apparently) a bit of a laughingstock in the courthouse after the antics he pulled. C'mon JTF... fill us in since you heard it live.

What a day. I HATE downtown Raleigh, especially when you forget which parking garage you used.

Stephens asked how long each opening would be and both said 30 minutes.
He the said "good, as there would be no 3 hour openings in his courtroom"
He also told the jury he or the lawyers would not waste their time.
The Cooper fiasco served as a good blueprint for what not to do in a murder trial.

 

[Just the Fax]

If you have proof that Kurtz lied in his opening statement (which is what I'm sure you're alluding to), then you should report him to the State Bar with that proof, and I'm sure they'll see to it that he's no longer a practicing attorney.

A lawyer's opening is not evidence, but his opinion how the case should unfold. Opinions from defense attorneys are often lies. That is not ground for disbarment.

 

[Madeleine74]

Remember when Gessner cut closing to 2 hrs ea side (and you know which side whined at the limitation of that). Can you imagine the reaction they'd have had if Judge Stephens had been in charge? Stephens isn't going to put up with any crap from any defense team. I suspect the state has already been very well trained on what these judges will and won't allow, from years of working with them. Gessner actually gave too much latitude, which Stephens will not do (and Judge Perry in FL isn't doing either). The tougher the judge, the more people appear to actually respect them!

 

[3doglady]

This is Hornsby's blog where he addresses the issue of false statements by the attorney. About half way down. http://blog.richardhornsby.com/category/casey-anthony/ He is speaking about the Casey Anthony case and says that her attorney can say whatever his client tells him. The attorney can't personally make up things but can repeat any wild story he is told by the client. IMO filing a bar complaint against an attorney usually doesn't accomplish much. How would anyone provide solid proof that Kurtz made up lies. All Kurtz would have to do is say I believed it when I said it. Baez has had numerous bar complaints filed including ones by a judge and the SA and nothing happened. He can't be sued for it either. Look at what it took to get Nifong disbarred.

 

[WolfpackWoman]

A lawyer's opening is not evidence, but his opinion how the case should unfold. Opinions from defense attorneys are often lies. That is not ground for disbarment.

I'm sorry, but we'll just have to disagree on this. Opinions are not allowed in opening statements. It's is a forecast of evidence, and should be limited to facts, or evidence that WILL come out in trial. Opinions are allowed in closing and through some testimony, but not in opening statements. And I have a very different view of who in the court room most often lies, I'm sure, than you do. But, it is becoming irrelevant to this thread.

So, on a different note, what did you make of the jury? Did they appear intelligent? Focused? Following one side more than the other?

I was interested in the caution Judge Stephens gave to the audience after the jurors left, what did you make of that?

Thanks for your opinions on what I *can't* see that goes on in the courtroom!!

 

[Landonsmom02]

Does anyone know when WRAL will air the OS again. First there was no sound then I got busy at work!:banghead: After waiting soooo long for this I'm going crazy to find out exactly what was said.

TIA



Melissa

 

[Madeleine74]

wral

#youngtrial - We're working on getting today's opening statements in the Jason Young trial online in their entirety. Please stay tuned ...
41 minutes ago

 

[3doglady]

Maybe Fla OS and NC OS are different? The judge in the Anthony Case specifically informed the jury that OS are opinions only and are in no way to be considered evidence. Baez made all kinds of bizarre allegations in his OS. IRRC the same thing happened in the Scott Peterson case in CA. CS is supposed to be a summation of evidence presented during the trial (no opinions).

 

[Just the Fax]

I'm sorry, but we'll just have to disagree on this. Opinions are not allowed in opening statements. It's is a forecast of evidence, and should be limited to facts, or evidence that WILL come out in trial. Opinions are allowed in closing and through some testimony, but not in opening statements. And I have a very different view of who in the court room most often lies, I'm sure, than you do. But, it is becoming irrelevant to this thread.

So, on a different note, what did you make of the jury? Did they appear intelligent? Focused? Following one side more than the other?

I was interested in the caution Judge Stephens gave to the audience after the jurors left, what did you make of that?

Thanks for your opinions on what I *can't* see that goes on in the courtroom!!

I guess you and I have a different opinion of what constitutes a "lie".
For me, telling the jury JLY did not kill his wife is a bold face lie, period.

The jury looks like a good cross section. One lady w/o a car (her admission) to a well dressed, early 30 young man that appeared straight from a frat. The rest were average looking folks that seemed engaged for the short hour they were there.

I will say this.....they sent a note up at 4PM saying they were "restless".:laugh:

 

[Landonsmom02]

wral

#youngtrial - We're working on getting today's opening statements in the Jason Young trial online in their entirety. Please stay tuned ...
41 minutes ago

Thanks!

 

[diphi]

Hey Everybody! :seeya::seeya:

Just popping in a bit to see what's going on. I doubt I'll contribute much on this trial discussion because I haven't followed it from the beginning. I'll be lurking around, though.

Bless Michelle and her family. Should be a short trial.

IMO, of course.

 

[WolfpackWoman]

I will say this.....they sent a note up at 4PM saying they were "restless".:laugh:

Wow! That's crazy. On the other hand, Judge Stephens did promise them there would be no long periods of waiting on attorneys!

I thought Howard Cummings was an ADA in this case (albeit taking a backseat role), but did not see him in the feed. Was he not there?

 

[Just the Fax]

Wow! That's crazy. On the other hand, Judge Stephens did promise them there would be no long periods of waiting on attorneys!

I thought Howard Cummings was an ADA in this case (albeit taking a backseat role), but did not see him in the feed. Was he not there?

Back room, actually.
This is BH and DS.
I guess HC will lend a hand.

The 3rd guy at the defense table is an investigator.

 

[Madeleine74]

So same courtroom as BC trial then?

Did they wipe the pee stains off the defendant's chair from the last time it was used? :laugh:

 

[Madeleine74]

4pm...jury was restless? You mean they wanted the O.S. to start?

I heard Judge Stephens (who I'll now refer to as "J.S.") tell the jury 3 times, "you have not heard any evidence in this case...no evidence." Opening statements are not evidence. I heard Judge G. say the same thing when that trial started.

 

[borndem]

Hope we'll able to watch the beginning over again (with sound the whole way through) on WRAL later.

I don't see it yet -- I guess it has to stay in the oven a while .... 7:25pm

Must not be fully baked ...

 

[Just the Fax]

4pm...jury was restless? You mean they wanted the O.S. to start?

I heard Judge Stephens (who I'll now refer to as "J.S.") tell the jury 3 times, "you have not heard any evidence in this case...no evidence." Opening statements are not evidence. I heard Judge G. say the same thing when that trial started.

They were told to return at 2:30....by 4 they were not officially empanelled, so they were not yet engaged. That all changed around 4:30.

 

[gorealtors]

Let me just say that during the OS by Klinkosum, he made mention of Cassidy and Jason's love for her and Jason faked crying... and trust me it was fake... acted as if he was wiping "tears" and squinting his eyes, and hanging his head. Wyn and I saw him do this a couple of times. What an actor! The remainder of the time he was blinking his eyes like a scared chicken!