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Started By
Message
re: Both Sides of the Case Will Be Presented to the Grand Jury
Posted on 9/21/11 at 1:49 pm to RobbBobb
Posted on 9/21/11 at 1:49 pm to RobbBobb
quote:
I am not wrong.
Louisiana Code of Criminal Procedure, Article 442:
"A grand jury shall hear all evidence presented by the district attorney. It may hear evidence for the defendant, but is under no duty to do so.
When the grand jury has reason to believe that other available evidence will explain the charge, it should order the evidence produced.
A grand jury should receive only legal evidence and such as is given by witnesses produced, or furnished by documents and other physical evidence. However, no indictment shall be quashed or conviction reversed on the ground that the indictment was based, in whole or in part, on illegal evidence, or on the ground that the grand jury has violated a provision of this article."
1
Posted on 9/21/11 at 1:49 pm to CptBengal
quote:
He can't talk, ask questions or object
But his meter can run. Wonder what his billing rate is? I am assuming he is billing for all his air time as he makes the rounds of the radio stations?
Posted on 9/21/11 at 1:50 pm to RobbBobb
quote:On whose record? The paper? So:
JJs father is on record saying that he reported to Miles that JJ was not involved, per JJ.
JJ tells John tells Reporter.
"So JJ, according to reporter, Mike Smith, your father told him that you told him that you were never there, is that correct?"
Posted on 9/21/11 at 1:51 pm to Antonio Moss
quote:
herefore, one can assume
You make wild assumptions that may/may not be correct and pass them off as fact.
WTF, why? Trying to win over the court of public opinion for JJ? Again, why? Are you family, friend?
If you are, great....but this isn't the forum for it.
This post was edited on 9/21/11 at 1:53 pm
Posted on 9/21/11 at 1:52 pm to Antonio Moss
quote:IF the details are mitigating, it would be better than the bare information of the crime.
It won't be allowed in. You can only log the charge, date, and result into the record. Now, the prosecutor could open up the details, but he'd be an absolute retard to do so because it allows the defense an open window to pry into the act.
quote:Sorry, I meant the police report.
You've seen his statement? I've only seen the one from the night of the event. I didn't think his full statement has ever been released.
Posted on 9/21/11 at 1:53 pm to CptBengal
quote:Link?
sweet. another piece of furniture in the room is always nice. He can't talk, ask questions or object.
quote:It's in the OP. It's quoted, and it's linked.
where do you get the information of what he is going to present. Just curious if you have a link or reference, or if it's like your comment from yesterday.
Posted on 9/21/11 at 1:58 pm to RobbBobb
quote:According to the code, the GJ should only receive legal evidence, but an indictment or conviction cannot be reversed if based on "illegal" evidence. So they are not supposed to, but the prohibition seems limited, toothless.
I am not wrong. Evidence is presented to GJ all the time that is later ruled inadmissable
Posted on 9/21/11 at 1:59 pm to lsufball19
quote:frickin Maryland?
that's not true. hearsay evidence is acceptable for the GJ, just not at trial. a grand jury isn't a criminal trial. it's an investigatory process. quote: The primary responsibility of the grand jury is to decide whether the State has enough evidence against a suspect to bring charges formally. This process begins with a presenta- tion by the SA or ASA, which may include a description of the elements of the crimes. The SA or ASA may call wit- nesses to testify before you, and invite you to ask questions of the witnesses as well.
Posted on 9/21/11 at 2:00 pm to USMCTiger03
quote:
On whose record?
Statement given to Miles.
Posted on 9/21/11 at 2:01 pm to CptBengal
quote:
You make wild assumptions that may/may not be correct and pass them off as fact.
Assumptions, yes. But I would hardly classify them as "wild."
quote:
WTF, why? Trying to win over the court of public opinion for JJ? Again, why? Are you family, friend?
I'm not foolish enough to think that anything I post is going to sway the court of public opinion.
I'm just being honest about the debate. From all the statements given by Moore and the reports on what will be presented to the GJ, compared to what normally is presented to a GJ, it can safely be assumed that Moore is presenting all the evidence and not just that favorable to the prosecution.
Hell, Unglesby is even quoted as saying that Moore will allow defense evidence presented.
Posted on 9/21/11 at 2:01 pm to RobbBobb
quote:RobbBobb
A grand jury should receive only legal evidence and such as is given by witnesses produced, or furnished by documents and other physical evidence
:hangsheadscowls:
Posted on 9/21/11 at 2:02 pm to Antonio Moss
quote:
A grand jury should receive only legal evidence and such as is given by witnesses produced, or furnished by documents and other physical evidence
A statement by Miles as to what he was originally told about JJs involvement, is a legal witness statement.
Please tell me that some of you guys dont make a living practicing law???
Posted on 9/21/11 at 2:03 pm to just me
Can just imagine the BS that the Grand Jury will have to sift through regarding the Shady 4 incident. Four people injured and went to the hospital, does not look like favorable no-true bill in this one.
The case will henge on who do you believe. Great example, there were about 40 thousand in the stands when Billy Cannon made his famous run against Ole Miss. One million LSU fans swear on the bible that they were in the stands. Who will you believe?
The case will henge on who do you believe. Great example, there were about 40 thousand in the stands when Billy Cannon made his famous run against Ole Miss. One million LSU fans swear on the bible that they were in the stands. Who will you believe?
Posted on 9/21/11 at 2:03 pm to Mayhawman
quote:
RobbBobb
:hangsheadscowls:
Jumped the gun, sport?
A little embarrassed now, are ya?
Posted on 9/21/11 at 2:04 pm to RobbBobb
quote:
Dad said JJ KNEW NOTHING about any fight. So he lied to his dad. Who then passed that lie, or made up the lie, to Miles to protect JJs football status. Statements, of other witnesses, will be viewed in the light of this demonstrated protection of JJs football status.
Here's how this would likely play out, even if deemed admissible:
Pros: So, Mr. Jefferson, did your son tell you that he knew nothing about the fight?
John J: Uh, I don't remember exactly. I thought that's what he said, but I could be wrong, maybe that was just how I heard it.
/examination
Posted on 9/21/11 at 2:06 pm to RobbBobb
quote:
A statement by Miles as to what he was originally told about JJs involvement, is a legal witness statement.
The statement about what "he was told by JJ" is hearsay and inadmissible.
And I seriously doubt Miles has given an official statement in this case.
quote:
Please tell me that some of you guys dont make a living practicing law???
I do.
I'm quite good at it.
Posted on 9/21/11 at 2:09 pm to Antonio Moss
This thread makes it pretty obvious who understands the Louisiana legal system and who doesn't.
Hint: those who are using Wikipedia definitions and common law processes to debate today's grand jury hearing do not understand the Louisiana legal system.
Hint: those who are using Wikipedia definitions and common law processes to debate today's grand jury hearing do not understand the Louisiana legal system.
Posted on 9/21/11 at 2:09 pm to RobbBobb
quote:Do you have any idea what you're talking about?
A statement by Miles as to what he was originally told about JJs involvement, is a legal witness statement.
Do you know what hearsay is?
Posted on 9/21/11 at 2:10 pm to Antonio Moss
quote:
The statement about what "he was told by JJ" is hearsay and inadmissible.
"Coach Miles what was JJs original repsonse to you"
"He said, I wasnt there duiring the fight."
Sorry, that is admissable in to a GJ. Speaks to credibility.
quote:
And I seriously doubt Miles has given an official statement in this case.
You must be joking
Posted on 9/21/11 at 2:10 pm to RobbBobb
quote:
Dad said JJ KNEW NOTHING about any fight. So he lied to his dad. Who then passed that lie, or made up the lie, to Miles to protect JJs football status.
Statements, of other witnesses, will be viewed in the light of this demonstrated protection of JJs football status.
eh, he also said when he sees something going down, he usually gets out of there because he has too much to lose. and i have yet to see anything other than heresay he was involved at all. there is no direct evidence we know of, and a character witness to the contrary isn't going to help the DA's case. they're presenting evidence that supports their case not the other way around. just because jefferson knew a fight happened and lied about it doesn't mean he is guilty of any wrongdoing. if there is evidence he was a direct participant, then maybe. regardless, a GJ doesn't present every witness and every piece of evidence, and a two sentence blurb that was relayed from jordan, to his dad, to miles, to the media is very unlikely to hold much substance. i think all you're going to see presented is the evidence they have so far, which is pretty much just the testimony of lowery and his friends, the injuries incurred, and that's about it. i don't know how much the GJ has on their docket today, but it's not like they're gonna spend all day interviewing witnesses and character testimony for a case that usually doesn't even go before a grand jury. but who knows, nothing about this case has followed normal procedure, so why should we assume it will now. the BRPD prob wants to save face, so they might turn it into an even bigger spectacle than it already has been.
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