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re: Gasser didn't testify in McKnight case; Guilty of manslaughter
Posted on 1/26/18 at 9:38 am to TH03
Posted on 1/26/18 at 9:38 am to TH03
quote:I mean, that is what a good bit of the legal profession is about.
I mean the judge and the appellate judge disagree with you
However, to get a little nuanced, your interpretation that they allowed this to show he was a road raging lunatic is wrong and exactly why as a general rule prior bad acts aren't admissible. Apparently La. has an exception regarding claimed self defense situations.
1
Posted on 1/26/18 at 10:17 am to Splackavellie
quote:
Thats kinda what I was leaning towards. Feel sorry for the attorney that had to read through all that non sense
Unless he can bill for it in which case that's pretty cool to be able to make money off what would otherwise be a time waster.
Posted on 1/26/18 at 10:20 am to slackster
quote:
Gasser's attorneys appealed that decision to allow the testimony, but the appellate court agreed with the judge
Interlocutory decision meaning that the merits of trial court's decision to allow the evidence can be addressed on appeal.
Posted on 1/26/18 at 10:37 am to TH03
So do we think we get a verdict sometime today?
Posted on 1/26/18 at 10:53 am to lsupride87
quote:
So do we think we get a verdict sometime today?
I think so.....these jurors dont want to be deliberating all weekend. It's Friday...time to party....it will be a quick verdict IMO
Posted on 1/26/18 at 10:55 am to lsupride87
I bet so.
Posted on 1/26/18 at 10:58 am to tgrbaitn08
Yep. Closing argument will go to lunch time. They’ll eat after that and begin deliberations around 3.
Posted on 1/26/18 at 10:59 am to lsupride87
quote:Jurors want there free lunch, so it will be after that.
So do we think we get a verdict sometime today?
Posted on 1/26/18 at 11:00 am to PearlJam
quote:
I mean, that is what a good bit of the legal profession is about.
However, to get a little nuanced, your interpretation that they allowed this to show he was a road raging lunatic is wrong and exactly why as a general rule prior bad acts aren't admissible. Apparently La. has an exception regarding claimed self defense situations.
It's called Prieur evidence.
LINK
Everywhere has some version of this.
Posted on 1/26/18 at 11:02 am to Boomshockalocka
quote:
deliberations around 3.
not guilty verdict by 6..
Posted on 1/26/18 at 11:04 am to tLSU
I'm ok being wrong, but I can't see a dismissed charge from 10 years ago being probative to show intent or it being part of a common system in this case.
I kind of hope he gets convicted just so we can see the appeal play out.
I kind of hope he gets convicted just so we can see the appeal play out.
This post was edited on 1/26/18 at 11:13 am
Posted on 1/26/18 at 11:15 am to slackster
I think the verdict has to be not guilty. All of the evidence presented by prosecution was met with viable challenges by the defense and they definitely didn't conclusively prove that Gasser wasn't acting under self-defense. If the evidence makes you say, "I don't know," as many on here have said, then it's not guilty. However..
A couple things that could kill Gassser:
1. The previous road rage incident- jury may feel like if they let him walk, he'll kill someone else.
2. The ladder- could be argued JM couldn't reach Gasser because of the presence of the ladder. But, after seeing the pictures from the jury visit, I think the ladder helps the defense.
3. GSR- the expert yesterday said McKnight had no GSR on his shirt. Hurts Gasser, but Goetz did a good job limiting the damage by saying it was tested weeks later and the ladder didn't have GSR either.
Things that help Gasser:
1. Castle Doctrine- experts said it's likely JM had his hands resting on and within Gasser's car, right inside the window. By law, this gives Gasser some right to defend himself.
2. SYG- There is no clear determination on who the aggressor was. Multiple people say they saw JM chasing Gasser.
Will be interesting to see if the defense argues 1 or both of these in the closing arguments.
The fact that Goetz didn't put on a defense means he thinks there's a good shot at acquittal, manslaughter at worst. I think a combination of McKnight exiting his vehicle, placing his hands inside of the window, and lack of a convincing prosecution case leads to a NG. But who knows. Excited to hear a verdict
A couple things that could kill Gassser:
1. The previous road rage incident- jury may feel like if they let him walk, he'll kill someone else.
2. The ladder- could be argued JM couldn't reach Gasser because of the presence of the ladder. But, after seeing the pictures from the jury visit, I think the ladder helps the defense.
3. GSR- the expert yesterday said McKnight had no GSR on his shirt. Hurts Gasser, but Goetz did a good job limiting the damage by saying it was tested weeks later and the ladder didn't have GSR either.
Things that help Gasser:
1. Castle Doctrine- experts said it's likely JM had his hands resting on and within Gasser's car, right inside the window. By law, this gives Gasser some right to defend himself.
2. SYG- There is no clear determination on who the aggressor was. Multiple people say they saw JM chasing Gasser.
Will be interesting to see if the defense argues 1 or both of these in the closing arguments.
The fact that Goetz didn't put on a defense means he thinks there's a good shot at acquittal, manslaughter at worst. I think a combination of McKnight exiting his vehicle, placing his hands inside of the window, and lack of a convincing prosecution case leads to a NG. But who knows. Excited to hear a verdict
Posted on 1/26/18 at 11:19 am to bendover504
The fact that Gasser even had his fricking window down with his hand on a gun would be enough for me. Just put your window up and ignore the guy. But no, as he said, he’s a man or whatever the frick he said.
Posted on 1/26/18 at 11:21 am to PearlJam
If it's a mistrial...do they re try it?
Posted on 1/26/18 at 11:39 am to slackster
What are the odds that riot ensues if Gasser is acquitted?
Posted on 1/26/18 at 12:00 pm to PearlJam
quote:
being probative to show intent or it being part of a common system in this case
Road rage and a physical confrontation at the literal same intersection would offer no probative value to you with a Defendant claiming self-defense?
This post was edited on 1/26/18 at 12:06 pm
Posted on 1/26/18 at 12:06 pm to Brazos
quote:
What are the odds that riot ensues if Gasser is acquitted?
An acquittal in this trial would warrant a riot.
Posted on 1/26/18 at 12:07 pm to slackster
It's becoming evident that it's illegal to protect yourself in New Orleans. More reason not to go there
Posted on 1/26/18 at 12:09 pm to Brazos
quote:
What are the odds that riot ensues if Gasser is acquitted?
Zero to none.
Posted on 1/26/18 at 12:12 pm to el Gaucho
quote:
It's becoming evident that it's illegal to protect yourself in New Orleans. More reason not to go there
Do you just wake up every morning and work on a spreadsheet of threads you're going to troll?
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