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To: fnord
Feldman was probably playing a hunch that by not objecting he would like the wiser and more confident attorney. Dusek looked plenty worried ... his whole career is tied to this turd he was handed. So sad, too bad.

So your theory is that both the judge and Feldman set the stage for a guaranteed mistrial ? The difference in instructions is so central to the case that it would mean the whole case would be appealable.

245 posted on 08/09/2002 2:41:35 PM PDT by VRWC_minion
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To: VRWC_minion
hmmm, no. I was not addressing the instructions at all, just Dusek's propensity for objecting during Feldman's closing.

btw, I appreciate your input to these threads. So few from your 'side of the fence' have the maturity to argue intellectually. Most seem satisfied to hurl invective and absurd lies ala spolied children. You seem to have an appreciation for facts, evidence, and testimony. That being said, you interpret a lot of things differently than I do, but at least you back them up with thought and logic. Enough of that though ...

As to the instructions, my reading is that re: the 'child porn', if one single juror thinks that a particular image is not unequivocably child pron, then it is not. Ergo, all 12 must agree to make it, legally, illegal porn. I think that is unlikely to happen, hence my thought that the 'child porn' charge is a lock for acquittal.

I still think one or two jurors will feel compelled to vote guilty on the kidnap/murder charges, due to the tainting from the media, the porn (real or otherwise), and the judge's not-so-subtle leaning to the DA side. So hung jury is likely, but the DA's office probably doesn't have the stones to retry DW. Pfingst will be hoping the public forgets the whole sordid episode, and Dusek will try to land a job with his fans on CTV, only to find out they think he is intolerably dull also.
314 posted on 08/09/2002 3:39:54 PM PDT by fnord
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