Word-banning judge declares mistrial in rape case[Nebraska]

AP ^ | 13 July 2007 | AP

[AU72]

Sounds like a Judge who is ready for a forced retirement.

[marktwain]

So, she admits to having sex with the guy, its just that she was too drunk to consent? It doesn’t sound as if she said “no” either.

I suppose that a written and notarized contracts are now necessary for sex? After all, that is not so far off from what it used to be, when the only legitimate sex was with a marriage contract, or legally in a brothel.

[farlander]

Pamir Safi, eh ? Sure sounds like one of those ROP members. Now we can’t be offending them, now, can we ?

[trimom]

What dry cleaners does he use for his pants?

[MeanWestTexan]

Sounds like the judge knows the case is B.S. case of “she changed her mind in the morning and thus it is rape.”

[CholeraJoe]

I testified in a couple of rape trials because I had examined the victims and collected the forensic evidence. In one, the defense attorney kept objecting to the terms "victim," "rape kit," "sexual assault protocol," and the like. Each time the judge overruled him. After the fifth time, the judge motioned him to approach the bench. Since I was on the stand at the time, I could hear clearly what the judge whispered to him.

"Mr. Barton, if you object once more, you will spend the next 3 days in the county jail." The attorney sat down and was quiet. Judges had balls in those days.

[Diogenesis]

Judge bans the word "rape" (FR mentioned)

[Seruzawa]

Who is this PC nut?

[PAR35]

Sounds like the judge is working pretty hard for the defendant. A good reporter would start digging. A good DA should probably start subpoenaing financial records.

[PAR35]

Sounds like the judge knows the case is B.S.

In that case he should have the courage to grant a motion to dismiss, or let the case go to trial and direct an acquittal after the jury is seated, instead of manipulating the system.

[FormerACLUmember]

I totally agree with the judge. The case and charges are highly dubious. Think of the Duke “rape” case.

The jails are full of innocent men imprisoned for rape. We know this since retrospective DNA testing is releasing scores of meneach year.

[wideawake]

The jury are adults. They can decide whether it is a rape or not.

[MeanWestTexan]

He probably doesn’t have discretion to do so, and has to rely on things that are within his discretion.

Judges just can’t “dimiss” a case. If there is one smidge of evidence (which there is; there is this lady’s word), then it has to go before a jury to determine the credibility of witnesses.

Judges determine questions of law and admit evidence.

Juries decide questions of fact.

[DrDavid]

I suppose that a written and notarized contracts are now necessary for sex? After all, that is not so far off from what it used to be, when the only legitimate sex was with a marriage contract, or legally in a brothel.

[wideawake]

I totally agree with the judge. The case and charges are highly dubious. Think of the Duke “rape” case.

This bears no resmeblance whatsoever to the Duke case.

He actually engaged in sexual behavior with the complainant.

The judge is a moron.

[MeanWestTexan]

Yes, and it appears the judge is doing his job to prevent sensationlistic claims and inflamitory words from causing a weak juror or two to rely on emotion, instead of facts.

[wideawake]

Yes, and it appears the judge is doing his job to prevent sensationlistic claims and inflamitory words

The guy is up on charges of sexual assault.

You can't get more sensational than that.

The plaintiff should be free to give their interpretation of the events and the defendant should be free to give his.

In the United States, a juror or two cannot convict. Twelve can.

[jimfree]

Sounds a bit like the Kennedy Smith trial a few years ago. He was acquitted.

[Cicero]

This judge is a turkey.

It’s the nature of this kind of trial that the woman accuses the man of rape, the man says that she consented but was too drunk to remember, etc., etc., and the jury sorts it out and gives its verdict.

So, how on earth can the jury give a verdict if one side or the other isn’t allowed to state its case?

Like I said, this judge is a turkey. He needs to be put out to pasture (oh, no, that’s for cows; well, whatever).