Posted on 11/17/2021 8:38:39 AM PST by Red Badger
Withholding exculpatory evidence? Now where have I seen that before?
Kyle has been Nifonged.
Ya don’t say...
I also believe the judge can overturn the guilty verdict if that were to happen. I wish he would simply rule on the motion to dismiss with prejudice. Based on the prosecutorial wilful misconduct, it should be accepted.
I’m concerned there is not verdict yet.
What’s taking so long, except some jurors want to vote guilty, and are trying to convince others to vote for some charge or other?
The defense also just stated in court that the specific program used for this video stipulates that it can be used only for investigative purposes and not as evidence in a court of law. (Paraphrased
The story is that the man made a request to the prosecution to exchange his testimony for immunity in another case. (He's currently in the Kenosha County Jail). Depending on the timing of all this, the Prosecutors might have shielded an exculpatory witness from the defense, and misled the court as to knowing his identity. They claimed in court they did not know who he was.
busted!...................
“The defense also just stated in court “
Link?
I just heard the defense attorney state it on live (Fox) tv, during the current proceedings, when they were discussing their request for dismissal, which the judge acted as though he didn’t know about it or possibly didn’t have time to read it, not sure.
Everyone is standing. Soon?
Mistrial with prejudice. The judge should rule and not wait for the jury to bail him out.
Oops. Stock video.
I saw the shot of that SOB....You’re right....It’s all about black. I’m so tired of this black shit. I was in .......... the other day...and all the friggin’ manikins were black...and the town is 92% white.
If there are any convictions, the judge will then consider the impact of the "missing" and potientially exculpatory evidence with regards to the convictions. If the evidence COULD have influenced the jury, the Judge will normally over turn the conviction. It is possible (rare) for the evidence to not impact a conviction.
For a hyperbolic example
Car hits a pedestrian. Lots of possible charges. One charge might be for an invalid registration. If convicted of the invalid registration, a video that shows the traffic light was green and was withheld (exculpatory) would not be germane to the charge in question.
I worked with video coding/decoding — compression/decompression “CODECs” for forty years. My nose was in the ITU-T standards every day.
These courtroom people have no idea what these codecs do, let alone what the new AI can do. Nothing you see or hear on a digital device is real. It is a hyper compressed facsimile designed to fool your perception into accepting it as real.
In court, the side with the best “photoshopper” wins.
I am an expert, and I get fooled all the time now.
Believe only half of what you see...................
I think that is everyone's burning question: can the Judge dismiss AFTER the verdicts are read? From your post, I take it that he can. But obviously a not-guilty decision by the jury would be the best way to let young KR just go home a free man.
I woke up this morning having a dream. It was more believable that anything I see on the Internet — and the dream was about the Internet!
“So they can still call a mistrial?”
I believe so.
L
While I am not a lawyer and will differ to any law degree, I do play one in my head.
It is my understanding that a Judge can dismiss after a jury verdict. Regardless, there are a whole lot of issues that will be fertile grounds for appeal.
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