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

To: Fury

Doesn’t matter what Stone did or didn’t do.

That jury was tainted.

The verdict should be tossed.


10 posted on 02/20/2020 9:40:43 AM PST by mewzilla (Break out the mustard seeds.)
[ Post Reply | Private Reply | To 7 | View Replies ]


To: mewzilla

agree......not just a little tainted. She was the foreman...dragging everyone along....


17 posted on 02/20/2020 9:42:15 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla
Doesn’t matter what Stone did or didn’t do.

Sure it does.

The sentence was excessive. The foreman had some bias. Is it enough to get the verdict overturned? maybe.

But that's not mutually exclusive with Stone being a jackass.

18 posted on 02/20/2020 9:42:17 AM PST by Fury
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla

And that judge should be impeached and disbarred.


19 posted on 02/20/2020 9:42:20 AM PST by mewzilla (Break out the mustard seeds.)
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla

The Judge is an Obama appointee, you can just smell the bias in every word she says..and the case should be thrown out and have a new trial..you cannot have a fair trial with a jury that was anti Trump


29 posted on 02/20/2020 9:44:14 AM PST by Sarah Barracuda
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla

Bingo. Easily a mistrial.


35 posted on 02/20/2020 9:45:31 AM PST by StolarStorm
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla
That jury was tainted. The verdict should be tossed.

Yes and that case needs to be made through the appeals process. Trump should not short-circuit it with a quick pardon.


65 posted on 02/20/2020 9:54:27 AM PST by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer)
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla; Fury
You are both right:
I find it difficult to get too upset for Stone. However, the Flynn case really sets me off.
106 posted on 02/20/2020 10:06:11 AM PST by throwthebumsout
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla

The jury was inarguably tainted.

So regardless of guilty, innocent or inappropriate sentence he gets a new trial.

I don’t care if it was Hilary Clinton on trial. That foreman was obviously prejudiced, easily demonstrated.


120 posted on 02/20/2020 10:09:18 AM PST by Persevero (Desmond is not -Amazing- Desmond is -Abused-)
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla

Doesn’t matter what Stone did or didn’t do.

That jury was tainted.

The verdict should be tossed.

There is a legal term called “fruit of the poisonous tree.” If the evidence, or tree, is tainted, then anything gained from the evidence — the fruit — is tainted as well.

Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally.[1] The logic of the terminology is that if the source (the “tree”) of the evidence or evidence itself is tainted, then anything gained (the “fruit”) from it is tainted as well.

History:

The doctrine underlying the name was first described in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920).[2][3][4] The term’s first use was by Justice Felix Frankfurter in Nardone v. United States (1939).[citation needed]

Such evidence is not generally admissible in court.[5] For example, if a police officer conducted an unconstitutional (Fourth Amendment) search of a home and obtained a key to a train station locker, and evidence of a crime came from the locker, that evidence would most likely be excluded under the fruit of the poisonous tree legal doctrine.

The testimony of a witness who is discovered through illegal means would not necessarily be excluded, however, due to the “attenuation doctrine”[6], which allows certain evidence or testimony to be admitted in court if the link between the illegal police conduct and the resulting evidence or testimony is sufficiently attenuated

For example, a witness who freely and voluntarily testifies is enough of an independent intervening factor to sufficiently “attenuate” the connection between the government’s illegal discovery of the witness and the witness’s voluntary testimony itself. (United States v. Ceccolini, 435 U.S. 268 (1978))

The “fruit of the poisonous tree” doctrine is an extension of the exclusionary rule, which, subject to some exceptions, prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial.[1] Like the exclusionary rule, the fruit of the poisonous tree doctrine is intended to deter police from using illegal means to obtain evidence.[2]

The doctrine is subject to four main exceptions.[citation needed] The tainted evidence is admissible if:

It was discovered in part as a result of an independent, untainted source; or

It would inevitably have been discovered despite the tainted source; or

The chain of causation between the illegal action and the tainted evidence is too attenuated; or
the search warrant was not found to be valid based on probable cause, but was executed by government agents in good faith (called the good-faith exception).

This doctrine was also used by the European Court of Human Rights in Gäfgen v. Germany.[citation needed] In certain cases continental European countries have similar laws (e.g. in cases of torture), while the doctrine itself is generally not known.[citation needed] Illegally obtained evidence is used by the courts to ensure that the judgment is factually correct, however the person obtaining the illegal evidence typically faces independent consequences.


131 posted on 02/20/2020 10:16:00 AM PST by Grampa Dave ( The DNC should just sell their top rat candidate via bidding on EBAclY!.)
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla

“That jury was tainted. ... The verdict should be tossed.”

The verdict should be tossed for two reasons: (1) The jury was tainted, as you said, and (2) Ineffective representation by Stone’s own legal counsel. What kind of hack assholes wouldn’t do a simple Google search on the names of potential jurors? It would take them maybe 15 seconds to find this woman’s social media sites and read her clear disdain for All Things Trump?


150 posted on 02/20/2020 10:26:34 AM PST by MayflowerMadam ("Worry does not empty tomorrow of its sorrow; it empties today of its strength" - Corrie ten Boom)
[ Post Reply | Private Reply | To 10 | View Replies ]

To: mewzilla
Doesn’t matter what Stone did or didn’t do. That jury was tainted. The verdict should be tossed.

The verdict should not be tossed; in fact, it should not have been questioned at all until some of the coup conspirators are tried and convicted of lying to Congress.

However, the verdict was fruit of a poisoned tree: the entire trial and jury selection was based on lies, and Stone should be granted a new trial and a different venue.

212 posted on 02/20/2020 11:47:15 AM PST by Albion Wilde (Party that freed sIaves, passed Civil Rights is called racist by the party that started the KKK.)
[ Post Reply | Private Reply | To 10 | 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