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To: cuban leaf

Interesting theory.

If the prosecution is obligated to bring the case to court (I’m not precisely sure where the obligation would come from, but perhaps simple political pressure is sufficient) and if the prosecution knows better than anyone what a losing case it is, then maybe they could be almost a shadow defense team and help broadcast to the community “This is not a case that you should riot over”.

But I wonder if that could be perceived as any sort of courtroom misbehavior? “Hey, you didn’t really try to convict that guy at all! What’s up with that?”


15 posted on 11/05/2021 6:09:51 AM PDT by ClearCase_guy (Alec Baldwin has killed more people than the Jan 6 protesters. And he will serve less jail time.)
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To: ClearCase_guy; cuban leaf
I have another theory: that the process is the punishment.

Kyle's life has been hell and no one else would want to go through what he's already been through, even if he wins and is freed soon. So this whole process is a message to any future Kyle's to let the Dim rioters have the freedom to riot and destroy cities, so the end result is more chaos for us to have more government control over our lives.

17 posted on 11/05/2021 6:18:36 AM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: ClearCase_guy
-- If the prosecution is obligated to bring the case to court (I'm not precisely sure where the obligation would come from ... --

Prosecutorial ethics. Roughly don't bring a case unless the facts incline to a guilty verdict. Prosecutor is supposed to have a grasp on affirmative defense side too, self defense in this case - but the ethical rules do not say this expressly. Bringing a case solely due to political pressure is an ethical violation.

There is generally no penalty or risk for making an ethical violation. The rule is a paper tiger. ABA's Model Rules of Professional Conduct -- there is probably a state version of this

The prosecutor in a criminal case shall:

(A) Not institute or continue to prosecute a charge that the prosecutor knows is not supported by probable cause;

(B) Make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(C) Not seek to obtain from an unrepresented accused a waiver of important pretrial rights unless the tribunal has approved the appearance of the accused in propria persona;

(D) Make timely disclosure to the defense of all evidence or information known to the prosecutor that the prosecutor knows or reasonably should know tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and ...

Rule 5-110 Special Responsibilities of a Prosecutor
21 posted on 11/05/2021 6:36:55 AM PDT by Cboldt
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To: ClearCase_guy

Malicious compliance on behalf of the AD? Interesting.


22 posted on 11/05/2021 6:41:33 AM PDT by RinaseaofDs
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