VA - Joseph Ryan shot, Christine Banfield stabbed, both deceased, in home - Herndon 24 Feb 2023

  • #1,321
I think the timing is favorable too. Jurors had last evening to let the testimonies sink in. Today the closing argument, with hope, will pull it all together. Then the weekend to let it all sink in further, as I don't think there will be time today to complete jury deliberations.

Verdict on Monday or possibly Tuesday if they have questions about jury instructions.

jmo
 
  • #1,322
 
  • #1,323
Just a quick side note - Defendant says he doesn't make breakfast for himself in the morning before work. Hmm. I don't understand people like this. So you eat out for breakfast and lunch 5 days a week? And then you make dinner after work? It's much harder to come home from work and prepare a meal than it is to make breakfast IMO.

I guarantee he's one of those guys who never learned to look after himself - it tracks with his character arc
 
  • #1,324
Court is live --

CW adjusted the charges to streamline them.
 
  • #1,325
Started streaming 13 mins ago

 
  • #1,326
The prosecutor constantly saying “ok”, “Understood” etc to his lies is such an unfortunate tic. Also, instead of saying ‘you claim that Christine made these arrangements’ she says ‘when Christine made these arrangements’ etc. Again, her attire is unprofessional for court for a double murder trial. It feels to me like some administrative assistant in the DA’s office is trying this case. No disrespect to administrative assistants, it’s a hard, thankless job but my point is that this prosecutor is too informal and it diminishes the gravity of these proceedings.

She also has a huge tattoo on her forearm that was bare in the 3/4 length jacket she was wearing. Her jewelry was cheap and tacky looking as well. Again, it all looked so informal and out of place for the proceedings.

JMO
 
  • #1,327
Media is arguing a motion to unseal documents.
 
  • #1,328
The Commonwealth originally indicted Banfield with four counts of aggravated murder, because Virginia law permits them to charge aggravated for two murders within the same transaction as well as two murders within a three year period.

§ 18.2-31​

A. The following offenses shall constitute aggravated murder, punishable as a Class 1 felony:

[...]

7. The willful, deliberate, and premeditated killing of more than one person as a part of the same act or transaction;

8. The willful, deliberate, and premeditated killing of more than one person within a three-year period;


The Commonwealth was waiting to see how Banfield testified before deciding which one of those two they would proceed with, because while they can have both in the guilt phase of the trial, the judge can only sentence on one of those counts. They thought it could be confusing for the jury to have both.

Yesterday the Commonwealth asked the judge to dismiss the two counts (one for each victim) of within the same transaction, and just leave the two counts (one for each victim) of within a three-year period. The judge then pointed out that they probably shouldn't have two counts (one for each victim) for the three-year clause, because aggravated murder requires anyway that two people were murdered.

The Commonwealth is considering overnight how to proceed on this, looking at case law. They are not dropping aggravated murder, but they will confirm if they still wish to withdraw the same transaction charge, and also provide clarity in the jury instructions for if the jury decides that he murdered one but not the other, in which case under their waterfall instruction it falls to first degree, not aggravated, for just one victim.

That's my understanding.
So the CW has decided to proceed with two counts of aggravated murder, one under the same act/transaction and one under the three-year period.

According to live proceedings.

 
  • #1,329
The prosecutor constantly saying “ok”, “Understood” etc to his lies is such an unfortunate tic. Also, instead of saying ‘you claim that Christine made these arrangements’ she says ‘when Christine made these arrangements’ etc. Again, her attire is unprofessional for court for a double murder trial. It feels to me like some administrative assistant in the DA’s office is trying this case. No disrespect to administrative assistants, it’s a hard, thankless job but my point is that this prosecutor is too informal and it diminishes the gravity of these proceedings.

She also has a huge tattoo on her forearm that was bare in the 3/4 length jacket she was wearing. Her jewelry was cheap and tacky looking as well. Again, it all looked so informal and out of place for the proceedings.

JMO

Like gum, anything that distracts from the trial itself is too distracting.

Counsel ought know that.

JMO
 
  • #1,330
Judge rules in favor of victim privacy.
 
  • #1,331
So the CW has decided to proceed with two counts of aggravated murder, one under the same act/transaction and one under the three-year period.

According to live proceedings.

I expect the jury will be able to deliberate more quickly with this change.

jmo
 
  • #1,332
Judge is now reviewing each sealed exhibit.
 
  • #1,333
Judge Penny is a solid judge. Her review here should be followed by all Courts. Unseal what can be unsealed but retain a tight seal on highly sensitive photos, child interviews, crime scene videos, etc.

JMO
 
  • #1,334
I guarantee he's one of those guys who never learned to look after himself - it tracks with his character arc
I would have liked to see his mother testify about her precious boy
 
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  • #1,335
I hope the jury sees JR as a person and unjustified murder victim. His actions are likely distasteful to at least some of the jurors, but he also was participating in what he thought was consensual activity. He did not go to that house hiding or intending a crime. His fetish was used by BB to benefit BB.

I think, BB thought, in vanity, that people would automatically cast dispersion on JR and easily accept JR as a depraved wrongdoer in a family home. "Of course someone like that would stab a woman when confronted by her husband."

Justice for all.

jmo
 
  • #1,336
How long does each side get for closings?

IIRC court has to dismiss at 4:30 sharp today
 
  • #1,337
The prosecutor constantly saying “ok”, “Understood” etc to his lies is such an unfortunate tic. Also, instead of saying ‘you claim that Christine made these arrangements’ she says ‘when Christine made these arrangements’ etc. Again, her attire is unprofessional for court for a double murder trial. It feels to me like some administrative assistant in the DA’s office is trying this case. No disrespect to administrative assistants, it’s a hard, thankless job but my point is that this prosecutor is too informal and it diminishes the gravity of these proceedings.

She also has a huge tattoo on her forearm that was bare in the 3/4 length jacket she was wearing. Her jewelry was cheap and tacky looking as well. Again, it all looked so informal and out of place for the proceedings.

JMO
The odd prosecutorial fashion choices on display really made me understand why British courts do the whole 'wig and gown' thing
 
  • #1,338
The prosecutor constantly saying “ok”, “Understood” etc to his lies is such an unfortunate tic. Also, instead of saying ‘you claim that Christine made these arrangements’ she says ‘when Christine made these arrangements’ etc. Again, her attire is unprofessional for court for a double murder trial. It feels to me like some administrative assistant in the DA’s office is trying this case. No disrespect to administrative assistants, it’s a hard, thankless job but my point is that this prosecutor is too informal and it diminishes the gravity of these proceedings.

She also has a huge tattoo on her forearm that was bare in the 3/4 length jacket she was wearing. Her jewelry was cheap and tacky looking as well. Again, it all looked so informal and out of place for the proceedings.

JMO
I see all of Sand's "okay"s as signaling to the jurors feigned agreement with BB meanwhile she didn't agree with what he just said.
Police continuously use the "okay" tactic when questioning someone who's detained or being interrogated to get them to keep talking.
Sands used it when BB finished answering her question and right before she went on to another question.

Terrible,terrible habit that she needs to break and I'm surprised none of her co-counsels told her to stop it.
imo
 
  • #1,339
Jury in, Judge beginning jury instructions.
 
  • #1,340
The odd prosecutorial fashion choices on display really made me understand why British courts do the whole 'wig and gown' thing
I don't know about the wigs..
When watching a British courtroom I can't take my eyes off of the wigs and just how absolutely ridiculous they all look.
 

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