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Legal question regarding the process

Posted on 8/27/11 at 11:06 am
Posted by texastigerr
Texas
Member since Jan 2005
8304 posts
Posted on 8/27/11 at 11:06 am
Is it possible that evidence between now and a grand jury or trial (not sure how that works)such as a witness or something could come forward and present itself that would allow for charges against JJ and Johns to be dropped or has that shipped sailed?
Posted by rschwe5
New Orleans
Member since Nov 2008
355 posts
Posted on 8/27/11 at 11:12 am to
of course it is possible.. more than likely not a new witness, but in the discovery process between both parties, new evidence or analysis of the facts could help him out.. but it doubt it. Start planning for Lee because JJ will never take another snap at LSU
Posted by MightierThePenIs
Member since Jan 2008
1510 posts
Posted on 8/27/11 at 11:15 am to
IMO, if there is found to be no trace evidence on JJ's shoes the case against him crumbles.
Posted by just me
Front of the Class: Schooling You
Member since Mar 2006
34489 posts
Posted on 8/27/11 at 11:19 am to
quote:

Is it possible that evidence between now and a grand jury or trial (not sure how that works)such as a witness or something could come forward and present itself that would allow for charges against JJ and Johns to be dropped or has that shipped sailed?
Yes. Absolutely. Even up through trial. After trial, it gets more complicated.
Posted by texastigerr
Texas
Member since Jan 2005
8304 posts
Posted on 8/27/11 at 11:23 am to
So is it too soon for trace evidence to have been found on the shoes that they took away and they arrested him on other evidence and they are still waiting for results of evidence on the shoes?
Posted by MightierThePenIs
Member since Jan 2008
1510 posts
Posted on 8/27/11 at 11:33 am to
quote:

So is it too soon for trace evidence to have been found on the shoes that they took away and they arrested him on other evidence and they are still waiting for results of evidence on the shoes?


They're in a regular crime lab cycle. Probably 10 days to 2 weeks.
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 8/27/11 at 11:33 am to
quote:

Legal question regarding the process
The EBR district attorney, Hillar Moore, said on Friday he is presenting the case to a grand jury. So a majority of the grand jury members must agree there is enough evidence to convict the players and to put them on trial.

I don't think a grand jury will issue such an indictment and the charges will be dropped.
Posted by HurricaneDunc
Houston
Member since Nov 2008
10472 posts
Posted on 8/27/11 at 11:35 am to
When is the grand jury taking place?
Posted by texastigerr
Texas
Member since Jan 2005
8304 posts
Posted on 8/27/11 at 11:37 am to
Obviously like a lot of people watching this story, I was not there. JJ and the rest should not have been there (IMO) and I'm not a lawyer but it just seems this thing has a lot of moving parts and a lot of people at fault. With so many versions it seems this will be hard for a Grand Jury or Jury to do anything without a lot of doubt involved.
Posted by Jaketigger
Baton Rouge Area
Member since Feb 2008
5064 posts
Posted on 8/27/11 at 11:41 am to
quote:

I don't think a grand jury will issue such an indictment and the charges will be dropped.

It depends on when it gets on the docket. If the DNA evidence is there to support it, they MAY go after the charges. However, even if it were there, JJ's defense could be he stepped on it while walking through the parking lot. So I fully expect this to be a useless effort by the BRPD with conflicting testimonies of " eye witnesses".
Posted by Vol Fan in the Bayou
Member since Nov 2009
4158 posts
Posted on 8/27/11 at 11:45 am to
quote:

The EBR district attorney, Hillar Moore, said on Friday he is presenting the case to a grand jury


No, thats not what he said.
quote:

East Baton Rouge Parish District Attorney Hillar Moore III said he will consider bringing the case before a grand jury instead of deciding whether to charge the players.


The Advocate

I am telling yall, he would rather plea this down. Not going to happen though.
This post was edited on 8/27/11 at 11:48 am
Posted by Fewer Kilometers
Baton Rouge
Member since Dec 2007
36012 posts
Posted on 8/27/11 at 11:46 am to
Yes, there is still time for you to "confess".
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 8/27/11 at 11:50 am to
quote:

When is the grand jury taking place?

The grand jury is a standing body that is always ready to be called into session by the district attorney.

They can meet, hear the evidence and hear testimony from witnesses and/or from the accused anytime the DA wants to present the case to them.

Knowing Hillar Moore, he will do that this coming week if I had to guess. At the latest, it will be within two weeks.

If the grand jury believes there is not enough evidence to "reasonably" expect a conviction, it can vote "no bill" which means no indictment and the charges can be dropped, unless the DA decides on his own to prosecute, which Hillar Moore won't do.

If he wanted to do that, he could indict the accused on his own without presenting it to a grand jury.

IMO, this is Hillar Moore's way of getting the charges dropped without him looking like he did favors for LSU.
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 8/27/11 at 11:53 am to
quote:

No, thats not what he said.


You left out this quote by Moore:
quote:

If the case is primarily based on contradictory statements from witnesses, Moore said the best way to secure the truth might be to bring it before a grand jury.
“That’s the only way to get witness statements under oath,” he said, adding that the case has been assigned to state District Judge Chip Moore.


It's already decided to present the case to a grand jury.
Posted by Lithium
Member since Dec 2004
61868 posts
Posted on 8/27/11 at 11:57 am to
What kind of time table we talking about? To me it would seem at least 3-4 weeks before a grand jury.
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 8/27/11 at 12:04 pm to
Read the link posted by Vol Fan.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79615 posts
Posted on 8/27/11 at 12:07 pm to
quote:

I don't think a grand jury will issue such an indictment and the charges will be dropped.


I'm thinking this will be the case simply because any grand jury empaneled by the DA will likely be 100% comprised of LSU fans.

If you live in BR, you'd have to be residing under a rock to have not heard about any of this.
Posted by just me
Front of the Class: Schooling You
Member since Mar 2006
34489 posts
Posted on 8/27/11 at 12:18 pm to
quote:

any grand jury empaneled by the DA will likely be 100% comprised of LSU fans.
Uhhhh . . . no.
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
9189 posts
Posted on 8/27/11 at 12:20 pm to

New evidence can come up at anytime.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79615 posts
Posted on 8/27/11 at 12:22 pm to
quote:

Uhhhh . . . no.


Being that it will be an EBRP grand jury, what exactly leads you to believe it won't be?
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