An Absolute Disgrace in the Murder Trial of Danielle Van Dam

foxnews.com ^ | Bill O'Reilly

[rintense]

Hi, I'm Bill O'Reilly. Thank you for watching us tonight.

An absolute disgrace in the murder trial of 7-year-old Danielle van Dam. That is the subject of this evening's Talking Points memo.

According to a report in The San Diego Union Tribune, convicted killer David Westerfield's attorneys, Steven Feldman and Robert Boyce, knew their client was guilty.

[Freedom2specul8]

Rule 5-200. Trial Conduct
In presenting a matter to a tribunal, a member:

(A) Shall employ, for the purpose of maintaining the causes confided to the member such means only as are consistent with truth;

(B) Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law;

(C) Shall not intentionally misquote to a tribunal the language of a book, statute, or decision;

(D) Shall not, knowing its invalidity, cite as authority a decision that has been overruled or a statute that has been repealed or declared unconstitutional; and

(E) Shall not assert personal knowledge of the facts at issue, except when testifying as a witness.

http://www.calbar.org/pub250/9/s0035.htm

[Freedom2specul8]

2 are in cali, 1 isn't.

Just helpin marajade out.. :)

[marajade]

Kim,

This is as far as I got and it keep timing out...


http://www.calsb.org/mm/sbmbrshp.htm

[Freedom2specul8]

arrgh..I spelt the name wrong. I'm too tired for this..I'll fix it then it's g'nite!

[Amore]

he was a federal judge, and, good grief! that's not a wig. In fact, he could really use a bit of a receding hairline, but unfortunately for him his hair is not receding one iota.

[marajade]

Well the first two didn't have any disciplinary actions... I guess it doesn't look too fruitful...

[marajade]

"I ask because many, many former prosecutors become defense attorneys. It has always made me wonder."

Money...

[Southflanknorthpawsis]

Well, well........I just saw an ad for the first of shows featuring the van Dams and "their story".

Say what you will about Westerfield's guilt or innocence, but these people are two of the most disgusting, cold people I've seen.

I hope a lot of people watch and see for themselves the transparency of these deviates.

Maybe observers will get their fill and Brenda's book (contemplated before little Danielle's body was even discovered) will be a big flop and she won't be able to cash in on this horrific thing.

I still worry about the boys left in the home.

[Amore]

Kim, I know you're not trying to indicate you came up with that rule yourself, but, gee, how long ago was it that I cited that rule to you? (Seriously, I can't figure out when it was, although I think it must have been at least a couple of months ago). It's nice to see that finally someone else is questioning Feldy's adherence to that rule.

[marajade]

"I still worry about the boys left in the home."

You aren't alone in that thinking...

It still doesn't negate what DW did to Danielle...

[marajade]

Well O'Reilly's basing his complaint in violation of the rule... You should of been advising O'Reilly and the Judge...

[CW_Conservative]

Andrew Napolitano is encouraging everyone in the US to file an ethics complaint againt Feldman and Boyce.

Plea bargains are "secret". There is no way an investigation could proceed. Except for the testimonies of "unnamed sources" and the crazy rantings of O'Reilly and some ex-Judge and 8000 me-tooers.

Oh well, I have to get back to my studies to become a member of SD LE. First class:

Secrets of the Garden Hose: 101

[drlevy88]

the allegations have to be investigated

What's the authority behind this "have"? Beyond professional courtesies? Either there is standing in the law or there is not. If they ignore complaints, do they go scot free in the eyes of the law? If so, then they do not "have" to investigate every complaint. If not, then the law is a cat's paw by which they can be bogged down to inability to act, through a flood of public complaints no matter how frivolous.

[Southflanknorthpawsis]

Money...

Of course.......so much for scruples, character, and getting the bad guys, huh? It's just a job and presence of or lack of virtue is the same no matter which side the individual is on.

Thus...... prosecutors (as a whole) are no more ethical than defense lawyers; they just eat lunch with the perceived "good guys".

[drlevy88]

(E) Shall not assert personal knowledge of the facts at issue, except when testifying as a witness.

The lawyer cannot flatly state "this is true" or "this is false"?

[Amore]

Yes, O'Reilly specifically referenced Rule 2-500. Thanks for the compliment -- O'Reilly might could use my help, but I'm sure Judge Napolitano doesn't. It was, however, nice to see that Judge Napolitano agreed with my assessment.

[Southflanknorthpawsis]

Secrets of the Garden Hose: 101

LOL......aka "To wind or not to wind......that is the question".

[Freedom2specul8]

You were always on top of things. :) O'reilly mentioned it, and someone posted it on an earlier thread. I thought I would copy it again while I was on their website.

how coudl anyone make sure he was adhering to the rule during the middle of the trial..it would have to be obvious. But geeze louise..why didn't someone "in the know" file a complaint sooner?

[marajade]

Chuckle... Chuckle...

Say what you will about O'Reilly... He does make sure his ducks are in a row before he reports...

Too bad, the state bar of CA doesn't say how many dismissed complaints their members have...

[Amore]

I didn't invent the complaint process, I'm only going by what was reported which was that anyone can file a complaint. And, again, standing usually relates to standing to be involved in a lawsuit. The Calif. Bar certainly has the authority to broaden the requirements for those who can lodge a complaint.