Posted on 05/15/2006 7:14:12 AM PDT by pissant
Oakoak, who is out of town, said there was bad blood between the 2..
I do believe "bad" is putting it mildly....
Kerry supported Nifong in the election, if you can believe that.
It would poetic justice if her client, who he evidently assured her wasn't going to be indicted, was.
Not that I think anybody should be.
(e) All of the above.
Dang! I'd be in heaven if I could check yes to all those. I'm freeping from the office, customers keep coming in placing orders and bothering me ;-), my secretary (daughter) wants me to take her to lunch, and a possible GJ indictment on an innocent young man is moments away.
I have only seen this reported once, but Kim Roberts made a reference to a bunch of "limp dick white boys."
That must have slipped her mind when she called 911.
I love it. I hope they come out raging.
"full tilt" as they say in the poker world, will beat you in the long run....
I am getting ready to paint, sanding the trim.
Who does Kerry Sutton represent? Is it Seligman or Finnerty?
[Laughing sadly.] You have a point. But I'd have to pick (b) Patrick Fitzgerald, myself.
Because Fitzgerald's actions are hurting an entire nation -- a nation at war.
As per a defense lawyer with whom she has contact.
Matt Zash. The player who was in the bedroom watching Letterman. Also, Megan Kendall is reporting that a defense attorney has told her that there was a 3rd indictment.
Megan reports 1 indictment....,
Why the hell is Kerry interested in a Durham NC DA race? He's a smuck.
I wonder if Evans, family and attorney are waiting for the indictment at the jail? That would take some of the hot air out of Nifong.
THIRD INDICTMENT!
What a despicable farce.
Hitting my head...THAT Kerry, The Kerry Sutton I asked about....
DUH!!!
I stayed up too late last night.
The defense can move for a dismissal on the grounds that there is not sufficient evidence upon which a rational trier of fact could conclude that the offense charged has been committed by the defendant. Such a motion is typically made after the prosecution has presented its evidence to the jury. If the judge agrees with the defense motion, then the court determines as a matter of law that the charges must be dismissed and will not allow the jury to deliberate the case.
However, there IS evidence of wrongdoing in this case. The prosecutor has the sworn statement of the witness that she was raped, he has the medical evidence providing some degree of support for that allegation and he has the photo lineup identification by the alleged victim of three defendants, two at 100% and one at 90% (plus the marginal evidence of the DNA on the plastic fingernail).
While the photo lineup will obviously be challenged as unconstitutional and the issue ultimately will probably be decided on appeal, in my opinion the photo lineup will not be found unconstitutional and the evidence will be allowed. The defense will of course be permitted to make its argument to the jury that the photo lineup identification was unreliable.
The only circumstance in which I could see a motion to dismiss on the evidence successfully made prior to trial in this case would be if the defense proffered compelling evidence that a particular defendant was in another city on the night in question and the state acknowledged that it would not be presenting evidence challenging that.
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