TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #5

[Handsome Sailor]

Manslaughter at most. Besides, it'll be overturned on appeal. Already we have the prosecution violating a gag order. And the potential for civil disturbance swaying the jury's decision is another grounds. Judge erred BIG TIME in not moving it to another metro area in TX. There was no reason to keep this trial in Big D

 

[Hraefn]

Sergeant Watson (spelling?)
Describes typical CRT day, 15 minutes updating team and detailing daily plans. Go out in field, conduct surveillance, make traffic stops.
Sept. 6th they had 5 CRT officers, which was short for the dept.
State entered the Dallas PD General Orders and Operating Procedures as exhibits.

 

[Hraefn]

Manslaughter at most. Besides, it'll be overturned on appeal. Already we have the prosecution violating a gag order. And the potential for civil disturbance swaying the jury's decision is another grounds. Judge erred BIG TIME in not moving it to another metro area in TX. There was no reason to keep this trial in Big D

The standard to remove does not require a reason to stay. The default is to stay. There has to be a reason to move it and the judge found that reason did not exist. They found an unbiased jury according to the judge, after a lengthy voir dire.

 

[Hraefn]

Sergeant Watson describing how Dallas PD must approach a burglary.
Various options:
Can call for backup
Can call for canine to assist with building search
Use a squad car speaker, make commands
If they do not follow commands, treat as a 'barricaded person'
For 'barricaded persons' you have to notify squad to send additional LEOs to maintain a perimeter and block routes of escape.
It becomes a mission of containment.
Cover and conceal.

 

[Longtime_lurker2019]

Manslaughter at most. Besides, it'll be overturned on appeal. Already we have the prosecution violating a gag order. And the potential for civil disturbance swaying the jury's decision is another grounds. Judge erred BIG TIME in not moving it to another metro area in TX. There was no reason to keep this trial in Big D

No reason? How so?

 

[Hraefn]

IMO this doesn't speak entirely to the situation. She wasn't outside the unit according to AG, she had entered and saw him and shot as he approached.
Witness seems to be describing LEOs responding to a closed off building. JMO FWIW.

 

[Hraefn]

State asks Sergeant Watson to define tactical retreat: safely remove yourself from the situation...retreat to a perimeter. ... cover and concealment.

 

[Hraefn]

Sergeant Watson testifies officers will sometimes request days off due to tiredness. They will generally grant those off days.

 

[Hraefn]

Ever absent-mindedly take the wrong turn on the way home from work? Ever knock on the wrong door? How about mistakenly going in the wrong bathroom? No? Fantastic! I'm so glad we're all perfect in every way.

Ever broken and entered a neighbor's home? Ever shot and killed someone in their own home? I wish we were all perfect. And I wish all LEOs absorbed their training and applied it. JMO.

 

[Rocco]

Ever absent-mindedly take the wrong turn on the way home from work? Ever knock on the wrong door? How about mistakenly going in the wrong bathroom? No? Fantastic! I'm so glad we're all perfect in every way.

I'm sure we've all done one or more of those things. But I doubt any of us have ever shot and killed an innocent man. That's what this trial is about.

 

[Hraefn]

A photo of Botham Jean is resting on the table below the Judge, I just saw as they panned the video feed around.

 

[Hraefn]

State attempts to enter an exhibit, defense objects on relevancy.

 

[Longtime_lurker2019]

This judge is here for it. The defense is not going to have an easy go. Telling him to follow rules and be professional

 

[Hraefn]

Exhibit is an administrative violation of AG. State wants to introduce it, not to show acting in accordance with a bad act (which is prohibited by the rules of evidence), but for the purpose of showing that it says officers will be treated as on duty at all times [if they are marked/in uniform?]. The volume is low on this objection and argument.

The defense is arguing it should not be entered because they claim the state is trying to show that because of an admin. violation AG is more likely to have violated her code of conduct...or something like that.

The Judge agrees with the state, saying she is not going to see the exhibit as showing AG acted in accordance with the violation of policy itself. She will allow it entered because the defense has argued AG was off duty, but that she is still a Dallas police officer.

Objection overruled. States's exhibit [315?] is entered.

 

[Hraefn]

State is entering exhibits 303 and 307 now as well.
ETA: it seems these exhibits are the text messages LE/state was able to recover.
Defense objects due to relevancy, improper character evidence, it's a stretch, and it's misleading or an improper way to use to evidence.
Objections overruled. The Judge pointed out these were the same objections made at the morning's Motion in Limine hearing. The defense requests a running objection to the exhibits being entered. Judge makes a note of that.

Break until 4:00PM (20 minutes).

 

[Longtime_lurker2019]

The issue was opened when the defense said she was off duty but still an officer. That was said by the Sgt witness. The prosecution is just building on this, that even off duty, officers are held to higher standard. Judge ruled it came in via defense

 

[Hraefn]

that is her story---- we will see if testimony and forensics support that story

Right, that was all from the Defense opening statement. Should've marked it more clearly.

 

[Hraefn]

I have to get my daughter from daycare, I should be able to listen but I won't be able to provide play by plays for about an hour.

 

[Longtime_lurker2019]

Trying to get texts into evidence now

 

[Longtime_lurker2019]

Exhibit 3 is allowed. Texts and internet data for AG on that day are in. May be redacted for officer safety if needed