TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #4

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  • #561
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  • #562
  • #563
Prosecutors object to moving Amber Guyger’s trial out of Dallas for shooting Botham Jean

July 10, 2019

"(DALLASNEWS.COM) — Dallas County prosecutors filed a two-page motion Wednesday objecting to fired Dallas police officer Amber Guyger’s defense attorneys’ request to move her murder trial to another county.

The filing was in response to a motion filed Monday by defense attorneys arguing that the publicity was so pervasive and inflammatory that Guyger could not receive a fair trial in Dallas for shooting Botham Jean in his own apartment in September....

The motion asks that Kemp hold the hearing but not rule on change of venue until after jury selection. Jury selection is set to begin Sept. 6 — the anniversary of Jean’s death — when potential jurors fill out questionnaires about serving on a jury. Jurors who qualify will then be questioned at another time.

Whether potential jurors are qualified to sit on the jury isn’t about whether they’ve heard about the shooting or even whether they know Jean or Guyger’s name. To serve, jurors can’t have an opinion about Guyger’s guilt or innocence.

The trial is slated for Sept. 23...."

Prosecutors object to moving Amber Guyger's trial out of Dallas for shooting Botham Jean - St. Lucia News Online
 
  • #564
Former Dallas County District Attorney Faith Johnson Subpoenaed to Testify in Amber Guyger Pretrial Hearings (with clip)
Pretrial hearings set for Aug. 9, Aug. 19, ahead of September murder trial


July 22, 2019

"New documents obtained by NBC 5 show former Dallas County District Attorney Faith Johnson has been subpoenaed to testify in at least two pretrial hearings related to the upcoming Amber Guyger murder trial.

The subpoena applications show Johnson must appear in pretrial hearings on Aug. 9 and Aug. 19 and be prepared to take the stand on behalf of the defense.

The defense has asked for material related to Johnson's campaign for district attorney from Sept. 6, 2018 to Nov. 6, 2018, including scripts for speeches, ad copy, artwork, emails and texts about Amber Guyger or Botham Jean or the same related to her campaign.

Former Dallas County Assistant District Attorney Heath Harris said he believed the defense likely planned to use Johnson's testimony as part of its push for a change of venue. ...

At this time, the murder trial is expected to begin Sept. 23 in Dallas County."

Former Dallas County DA Subpoenaed in Guyger Hearings
 
  • #565
Dallas Attorneys Discuss How Acquittal Of Derick Wiley Could Impact Amber Guyger’s Trial (with clip)

July 24, 2019

"DALLAS (CBSDFW.COM) – It was the retrial for a fired Mesquite Police officer accused of aggravated assault.

Derick Wiley would face his second jury, after a deadlocked decision a year ago forced a mistrial declaration. Wiley was indicted in 2017 for the shooting of Lyndo Jones, a man sitting in his own truck in a vacant parking lot. Wiley’s department issued body camera recorded the moments he hurled profanities at Jones, demanding he get out his truck, and get on the ground.

When Jones tried to wrestle free from Officer Wiley’s grip and run, Wiley pulled his gun and fired....

The Wiley acquittal was a win for a former police officer charged with aggravated assault, but is the case a study for the Dallas area’s most talked about police-involved murder case in the past year?

“Apparently, he got a fair trial, and I think people will use that to say Amber Guyger can get a fair trial in Dallas County,” attorney Heath Harris said Wednesday....

Harris said the Wiley trial garnered Dallas County Courthouse attention, not just for the indictment against the former Mesquite officer, but as a upfront example of what could happen in the case against former Dallas Police officer Amber Guyger...."

Dallas Attorneys Discuss How Acquittal Of Derick Wiley Could Impact Amber Guyger's Trial
 
  • #566
Expert witness list gives insight into Amber Guyger murder trial (with clip)

Aug 02 2019

"What now-fired Dallas Police Officer Amber Guyger saw and how she saw it the night she shot and killed Botham Jean in his own South Side Flats apartment after mistaking him for an intruder will be a big part of her September murder trial.

When lawyers are gagged from talking, their public filings tell the story and show how the case will play out at trial.

First, Judge Tammy Kemp has to rule on the defense request to move the trial somewhere else. Former district attorney Faith Johnson will very likely have to take the witness stand.

As Amber Guyger's defense team plans to argue for a change of venue, Johnson has been subpoenaed to testify. She has told the court she is scheduled to be out of the country when that hearing is planned to start on August 19 and has asked if required to testify that it be done either before or after the scheduled change of venue hearing....

The state's expert witness list is in the public record. It has 25 names, including a handful from outside Texas with unique expertise that gives some clues to what prosecutors may have we have not been privy to. The state is bringing in forensic video analysts....

Expert witness list gives insight into Amber Guyger murder trial
 
  • #567
Former Dallas DA fights subpoena by Amber Guyger's lawyers in Botham Jean murder case

August 3, 2019

"Johnson was subpoenaed by the former police officer's defense attorneys to testify at an Aug. 19 hearing. Johnson's attorney, Russell Wilson, filed a motion this week asking state District Judge Tammy Kemp to toss the subpoena.

The motion says Johnson will be out of the country when she's been asked to testify but will comply with a second subpoena, for records....

Guyger's murder trial is scheduled to begin Sept. 23 and jury selection is set for Sept. 6 — the first anniversary of the shooting...."

Former Dallas DA fights subpoena by Amber Guyger's lawyers in Botham Jean murder case | Crime | Dallas News
 
  • #568
Expert witness list gives insight into Amber Guyger murder trial

Interesting. And I found it particularly offensive, as an "Upper middle class white woman", that is the "preferred" jury for AG. Seriously? Does the defense think that a suburban Mom, will give AG a pass? Do people really think that this is all about race?

That is such one dimensional thinking. AG's attorney could play whatever subliminal games he thinks will work. AG shot a man in his house. It has nothing to do with race to me.
 
  • #569
Expert witness list gives insight into Amber Guyger murder trial

Interesting. And I found it particularly offensive, as an "Upper middle class white woman", that is the "preferred" jury for AG. Seriously? Does the defense think that a suburban Mom, will give AG a pass? Do people really think that this is all about race?

That is such one dimensional thinking. AG's attorney could play whatever subliminal games he thinks will work. AG shot a man in his house. It has nothing to do with race to me.

All the defense needs to do is convince one juror to vote "not guilty" to get a mistrial. In this case, the odds of seating at least 1 juror like that is greatly increased in the suburban upper middle class demographic. It's a game of numbers and probabilities along with demographics.

Same situation if their goal is acquittal, in which the defense has to win over all 12 jurors. Much higher odds of getting a jury pool to do that in the upper middle class suburbs than in the city.

Also, people in the burbs, who don't have as many encounters with LE, are more likely to take the officer's word.

JMO. Hard to say as Texas is such an unusual place.
 
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  • #570
All the defense needs to do is convince one juror to vote "not guilty" to get a mistrial. In this case, the odds of seating at least 1 juror like that is greatly increased in the suburban upper middle class demographic. It's a game of numbers and probabilities along with demographics.

Same situation if their goal is acquittal, in which the defense has to win over all 12 jurors. Much higher odds of getting a jury pool to do that in the upper middle class suburbs than in the city.

Also, people in the burbs, who don't have as many encounters with LE, are more likely to take the officer's word.

JMO. Hard to say as Texas is such an unusual place.

I guess. It is just so impossibly offensive to me.

Shrug. I would never be picked for a jury ever.
 
  • #571
I wonder if it'll get delayed....
 
  • #572
I wonder if it'll get delayed....
I really don't see any reason it should. I don't think it will get moved to another venue, so there is no reason it shouldn't be ready to go to trial.
 
  • #573
I really don't see any reason it should. I don't think it will get moved to another venue, so there is no reason it shouldn't be ready to go to trial.

Yet, we all know that doesn't mean it won't get delayed....
 
  • #574
All the defense needs to do is convince one juror to vote "not guilty" to get a mistrial. In this case, the odds of seating at least 1 juror like that is greatly increased in the suburban upper middle class demographic. It's a game of numbers and probabilities along with demographics.

Same situation if their goal is acquittal, in which the defense has to win over all 12 jurors. Much higher odds of getting a jury pool to do that in the upper middle class suburbs than in the city.

Also, people in the burbs, who don't have as many encounters with LE, are more likely to take the officer's word.

JMO. Hard to say as Texas is such an unusual place.
BBM.
IMO Dallas is just like every other sprawling urban/suburban area. Nothing unusual about it.
 
  • #575
Wow. Guess this couple is lucky. I think if I was this cop I'd be moving back OUT of the neighborhood.

Report: UT assistant police chief went to wrong house, pulled gun on new neighbor

Valerie Slowik was in her garage when her new neighbor walked up. But the stranger didn't come with a plate of cookies or a warm introduction — he came with a gun.

"I'm a cop, get out of my house," the man said as he pulled a pistol from his waistband, according to an incident report from the Knox County Sheriff's Office.

That man, University of Tennessee Police Department Assistant Chief Keith Lambert, won't face criminal charges after he apparently mistook his neighbor's house for his own on July 24, prosecutors said.
 
  • #576
WTH?! No charges?! And if I did something like that, probably my CCW would be pulled in a heartbeat.
 
  • #577
Attorneys to discuss issue involved in Amber Guyger murder trial

Aug 08 2019

"New documents submitted by attorneys on both sides of the Amber Guyger murder trial reveal some of the main issues that may come up in court.

A hearing in the case is scheduled for Friday morning at 9 a.m. Jury selection is set to start next month....

In the new documents, both sides appear to be anticipating certain issues about Guyger's character and her use of deadly force that might be brought up during trial and need to be discussed before being heard by a jury.

A new motion by the state says "the defendant will argue that her use of deadly force was justified as deadly force in self-defense." But the state says that argument requires reasonable "belief that would be held by an ordinary and prudent person in the same circumstances."...

Another motion filed by the defense pleads for 'character trait evidence' to be allowed in court possibly to show committing a murder is not in Guyger's character....

Attorneys on both sides argue all these issues need to be heard outside the presence of a jury first in order to decide if they'll be allowed in court.

“I’m very intrigued on what’s going to happen,” Shapiro said. “From the venue, from the facts in the case, from the outcome, I think everyone will be watching it very closely.”

A judge has yet to decide on a defense request for a change of venue out of Dallas County.

For Friday’s hearing, court officials say Guyger isn't required to be there, but there is a two-day pre-trial hearing scheduled for August 19 and 20 where she must be present."

Attorneys to discuss issue involved in Amber Guyger murder trial
 
  • #578
Wow. Guess this couple is lucky. I think if I was this cop I'd be moving back OUT of the neighborhood.

Report: UT assistant police chief went to wrong house, pulled gun on new neighbor

Valerie Slowik was in her garage when her new neighbor walked up. But the stranger didn't come with a plate of cookies or a warm introduction — he came with a gun.

"I'm a cop, get out of my house," the man said as he pulled a pistol from his waistband, according to an incident report from the Knox County Sheriff's Office.

That man, University of Tennessee Police Department Assistant Chief Keith Lambert, won't face criminal charges after he apparently mistook his neighbor's house for his own on July 24, prosecutors said.
Wow! I sure hope they did a toxicology test on that guy.
 
  • #579
Wow. Guess this couple is lucky. I think if I was this cop I'd be moving back OUT of the neighborhood.

Report: UT assistant police chief went to wrong house, pulled gun on new neighbor

Valerie Slowik was in her garage when her new neighbor walked up. But the stranger didn't come with a plate of cookies or a warm introduction — he came with a gun.

"I'm a cop, get out of my house," the man said as he pulled a pistol from his waistband, according to an incident report from the Knox County Sheriff's Office.

That man, University of Tennessee Police Department Assistant Chief Keith Lambert, won't face criminal charges after he apparently mistook his neighbor's house for his own on July 24, prosecutors said.
Wow! I sure hope they did a toxicology test on that guy.
 
  • #580
Wow. Guess this couple is lucky. I think if I was this cop I'd be moving back OUT of the neighborhood.

Report: UT assistant police chief went to wrong house, pulled gun on new neighbor

Valerie Slowik was in her garage when her new neighbor walked up. But the stranger didn't come with a plate of cookies or a warm introduction — he came with a gun.

"I'm a cop, get out of my house," the man said as he pulled a pistol from his waistband, according to an incident report from the Knox County Sheriff's Office.

That man, University of Tennessee Police Department Assistant Chief Keith Lambert, won't face criminal charges after he apparently mistook his neighbor's house for his own on July 24, prosecutors said.
He didn't recognize the house he had purchased?! I'm surprised he wasn't charged for trespassing, at least. I wonder how similar the homes in that neighborhood are, and how conspicuous the house numbers are from the street.

To this LEO's credit, he didn't shoot first, then take notice it wasn't his house. But he should have noticed immediately that it wasn't his garage by its contents, IMO. I agree with CrimeDawg... I hope they did a toxicology on the officer.
 
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