So if it does come out that he was using drugs at the time of the Christian/Newsom Trials, they could all get retrials?
I'm all for it as long as every one of them gets the DP.
To answer your question Iluvmua, I'm just going by what I have read here, so I don't know how accurate or true this is; But, the Judge is being looked in to by the TBI for possible drug use.
From the little I have read, I think it has to be proven first that the Judge was misusing the prescription drugs.
Then, that these drugs affected his performance at the trial. The article I linked, suggested that he had seemed a bit slower than usual during VC's trial. But, he had been unwell and they were lenghty and harrowing trials. I think posters in the threads mentioned he was looking unwell at the time and also suggested that the trials must have been getting to him, which would be totally understandable.
From what I read on the threads, (I didn't watch the coverage live) the posters seemed to think that the Judge did a good job explaining the charges etc. I don't recall anyone criticising his decisions, or any upset at anything he did during the trials.
I would hope that they don't try for new trials for the sake of the parents.
Also, can you imagine the stink it will cause if they get retrials? An awful lot of people think some of the defendents got off lightly, so it could back fire on them spectacularly. Different situation, but Laura Hall got double her original sentence when she appealed, so they would run the risk of possible harsher sentencing.
The one thing that worried me from the article I linked though, was the suggestion that there could be a possible plea bargain arrangement, which could end up with them getting lesser time.
But, I could never see the two families agreeing to that and I would hope that their views would be taken in to consideration. Secondly, the prosecution at the trials wouldn't reduce the charges, so I would hope that they would not stand for that now.
I just found another article on this which explains it a little better:
Lawyers 10News spoke with said if Baumgartner were charged or convicted, none of the cases he has presided over would be immediately impacted. To overturn a verdict in any of those cases, attorneys would have to present specific arguments that Baumgartner's conduct impacted the case.
From here:
http://www.wbir.com/news/article/154620/2/Judge-Richard-Baumgartner-under-TBI-investigation
So, in theory if he is found guilty, they could try and get the verdicts overturned, but whether or not they would be is an entirely different matter.
I really hope for the families sake they don't get them overturned though. I can imagine how those poor parents make it through the day, let alone have to sit through another four trials again.