Posted on 05/20/2024 7:22:41 AM PDT by Sidebar Moderator
Horrific week for the prosecution. Hung jury now looks like the likeliest outcome.
-PJ
I don’t doubt your word on this, but it makes no sense that way (I realize making sense might not be required in NY). If the defendant does not have to be found guilty of the related felony to extend the statute of limitations on the misdemeanor, the whole concept of s.o.l. would be meaningless. Prosecutors could gin up a felony charge on something preposterous they know will result in not guilty, just to extend the s.o.l. on misdemeanors.
Does it require that the defendant be charged with this mysterious “other crime?” Sounds like a Looney Tunes statute.
No, of course not! This is NY we’re talking about. ;)
FR posters say that if Trump wins in November he could pardon himself, but Presidents can’t pardon state convictions. So if the jury convicted Trump, appeal would be the only way. I don’t know of anything in the US Constitution that prohibits such a Looney Tunes law.
Looks like a guilty next week to me, based on what occurred today, and just now reviewing the transcripts before and after the court was stunningly cleared and Costello got reamed by the judge.
I’m still waiting for you to post anything positive in your life about Trump.
Exactly he just was in front of the United States Congress and as a Alan Dershowitz said about an hour ago he’s never seen a trial like this in his life. That he saw more legal appeal errors in one day then he has in his entire career. The judge would literally not like Costello talk.
Doesn’t work that way. To be convicted of the felony they have to prove the felony. They can’t convict of a misdemeanor after the SOL for the misdemeanor has expired, regardless of whether they can still prosecute for the felony.
No, it does not. Here’s the actual statutes, they’re not complicated:
§ 175.05 Falsifying business records in the second degree.
A person is guilty of falsifying business records in the second degree
when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an
enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true
entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise
in violation of a duty to do so which he knows to be imposed upon him by
law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof
in the business records of an enterprise.
Falsifying business records in the second degree is a class A
misdemeanor.
§ 175.10 Falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree
when he commits the crime of falsifying business records in the second
degree, and when his intent to defraud includes an intent to commit
another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
The most competent lawyers don’t know what the jury will do. Everybody who claims to know is guessing. If it was a matter of each juror voting and that was the end of it, Trump would have a good chance of a hung jury. But I read that there are 34 counts. If the jury has a separate vote on each count, some votes may be guilty 12-0 and others not unanimous. On non-unanimous votes, Merchan will tell them to go back and try to get a unanimous vote.
Bingo!
It in a kangaroo court, it appears.
Trump has pointed out that the only real crime he committed was defeating Hillary.
A kangaroo court in a kangaroo state with kangaroo laws.
The 34 counts of “falsified” records are veritable copy-and-paste. You’ve seen one, you’ve seen ‘em all. Even the dumbest Manhattan jury would be hard pressed to arrive at different verdicts over homogenous misdemeanor counts.
I hope you are right. Wonder if the judge’s instructions to the jury will cover this point.
Thanks. I don’t think they have proved the first degree charge. In fact I don’t understand how even the stupidest juror could be convinced that Trump intended to do something that the prosecution kept secret.
Don’t hold your breath — not likely with the crook presiding over this circus.
BUT!! 12 TDS jurors are possible, even if a couple of jurors vote not guilty on the first vote, because the TDS jurors can try to convert the heretics after the judge tells them to try to agree.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.