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To: PAR35

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.


14 posted on 07/13/2007 8:15:52 AM PDT by MeanWestTexan (Kol Hakavod Fred Thompson)
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To: MeanWestTexan
The judge can rule, that as a matter of law, there is insufficient evidence to convict the defendant. If he does it before the jury is seated, it’s appealable by the prosecution. If he does it at the end of the trial, the defendant walks.

Rather than have the courage to face the heat, the judge is trying to stack the deck in favor of the defense. If I was the prosecutor, I’d have filed a motion to recuse by now. Making the witnesses sign the agreements to not use certain words is way out of line.

I do agree that it sounds like a fairly weak he said/she said case.

25 posted on 07/13/2007 8:33:41 AM PDT by PAR35
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