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To: AndrewC
The trial on the merits of this case is over. They've appealed and lost, and if they appeal it further they'll probably lose again. The facts of the case wouldn't really be appealed. Trials are not appealed de novo. You don't get a new trial at the appellate level where you put on testimony again and that sort of thing. The evidence is not heard again. The appellate court will only look to see if there were any glaring errors in procedure and legal rulings in the case by the trial court. So what I'm saying is that as far as the courts are concerned, the facts are set in stone and are as the jury determined them to be. It's pointless for us to argue about what we think might have happened the day of the shooting. The fact finding portion of this case is long over. These two could still be pardoned, but personally I hope that doesn't happen because I think their conduct was inexcusable. I wouldn't be upset to see the sentences commuted though because I think they got too much time considering the circumstances.
211 posted on 09/13/2008 12:46:34 PM PDT by TKDietz
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To: TKDietz
These two could still be pardoned, but personally I hope that doesn't happen because I think their conduct was inexcusable

And your statement is precisely the reason to go over the testimony. Do you know how many seconds Ramos had to decide whether to shoot or not? Ramos was eating lunch when the call came in about the van. Was he thinking about shooting someone as he dined? Did Compean think that no one would hear his shots when he fired? Do you know how to determine whether Vasquez lied or not? Davila escaped to Mexico, so it is not known absolutely or not whether he had a gun or performed actions considered to be threatening. The jurors evidently believed Davila, that is a travesty when you can go over the testimony and with certitude demonstrate that Davila lied continuously. That is the reason that they should not have been found guilty. Now if that can not be rectified they must be pardoned.

225 posted on 09/13/2008 2:22:21 PM PDT by AndrewC
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