Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: cynwoody
He was the excuse the jury needed.

A black jury will probably be more susceptible than a white jury to the argument that racism often motivates white police to frame black defendants. It is the prosecution's job to neutralize that set of beliefs in black jurors. Bugliosi describes how Clark and Darden failed to do that. They barely tried, which effectively conceded the issue to the defense. Pathetic.

Bugliosi presents the argument that he would have made to the jury to counter what he calls the "police-frame up theory" (on pages 260-262 of the hardcover edition.) Here's part of it:

“Now, don’t you think that if this fellow Fuhrman were the type who liked to frame black people for crimes they didn’t commit, there would have been a considerable number of black people framed by him through the years? And that all or at least most of these people would have immediately gotten on the phone and called Mr. Cochran or some other member of the defense team, and you would have heard them testify from that witness stand at this trial? There certainly cannot be even one of you who doubts this. You have to absolutely know this would’ve happened. Particularly in a big case like this where coming forward would make them a hero to many in the black community, and they’d be able to sell their stories for a lot of money. If Furhman had been the framing cop the defense wants you to believe, there would have been a virtual parade of black people he had framed through the years taking that witness stand at this trial. Yet not one, not even one such black person ever came forward."

Clear and convincing, but the jury never heard that or anything like it.

While we are on the general subject of black jurors and black defendants, it might be worth mentioning that Kermit Gosnell was just convicted by a jury that included blacks. The defense played the race card, and it lost.

42 posted on 06/21/2013 12:05:58 AM PDT by TChad
[ Post Reply | Private Reply | To 33 | View Replies ]


To: TChad
You have to absolutely know this would’ve happened.

A fundamental problem with such reasoning is that jurors have no way of knowing what sort of information is being capriciously withheld by the judge, supposedly on the grounds that it's "irrelevant", but actually on the grounds that it's very relevant but contradicts the approved message.

65 posted on 06/21/2013 5:00:33 PM PDT by supercat (Renounce Covetousness.)
[ Post Reply | Private Reply | To 42 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson