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To: David Allen

I believe the venue would play a large part in the decision with this case. In Durham county a bench trial might be the best decision. No trial judge likes to have his decisions overturned by a higher court. Therefore he would, theoretically, be more careful in keeping his own biases out of the decision. Outside of Durham county, I believe the accused (read victims) would be as well off with a jury.


264 posted on 05/25/2006 5:46:41 PM PDT by Hogeye13
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To: Hogeye13

You still need a Judge (a Judge that has to be re-elected) to be willing to take the heat. I don't know if you'll find one in Durham. They'll know the public will demand their head on a platter if they let these guys walk out free.


267 posted on 05/25/2006 5:51:34 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Hogeye13

The judge is always a wild card, though, because you can suddenly lose the one you think you've got and end up with one you didn't anticipate.

I can't imagine any competent criminal defense attorney trying this to a judge, no matter the county. Judges are political animals, and you never know when one will recuse himself, or transfer the case to another. The Jury is what saves the day on criminal defense. You've got a decent shot at having 3 jurors who think well enough to buck the DA, if you make your case.

I'd be shocked if this got tried to a judge. Think of the ability of special interests to lean on one person.


283 posted on 05/25/2006 6:56:12 PM PDT by David Allen (the presumption of innocence - what a concept!)
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