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Started By
Message
re: Dallas PD Guyger Trial: Guilty of Murder..Sentence to 10years in prison
Posted on 10/1/19 at 7:52 pm to FightnBobLafollette
Posted on 10/1/19 at 7:52 pm to FightnBobLafollette
quote:LINK
One of the warrants became a public record Thursday afternoon when it was returned to the judge who signed it. It was shortly after Jean’s funeral had ended. It listed several items found in Jean's apartment, including a small amount of marijuana.
Posted on 10/1/19 at 7:52 pm to lsupride87
quote:
think telling the "black community" to shut the frick up like he did does carry a little extra gravitas when it comes from someone who is black
No... it doesn’t ...why would it???...
Posted on 10/1/19 at 7:58 pm to N2cars
quote:
I know you're joking, as I was earlier, but it pissed me off that the cops made sure that got out.
It was simple character assassination after the fact.
He was a good guy, by all accounts, and it absolutely had nothing to do with his death.
It also, I believe, did not help the cop. It was a horseshite move and that jury pool all knew it.
I was mildly surprised they got murder to stick, certainly not shocked though.
Posted on 10/1/19 at 7:58 pm to N2cars
quote:
Possibly the judge felt his word would be taken as an "expert " witness, IDK.
Not go all "legal" on this but that is essentially why.
This was "opinion" evidence. Opinions from lay witnesses are heavily restricted by the rules of evidence (FRE rule 701). Though I do not know the Texas Rules of Evidence Aggie Hank let me know my using of the Federal Rules was close enough in this case. To get his opinion into evidence on whether or not she committed a crime here would require that he be certified by the judge as an expert in the area. Normally LEOs in the jurisdictions I have practiced in are only certified as experts in areas like crime scene investigation, police procedure, and some PC issues if they are certified as an expert at all, normally they just give direct testimony on what they saw or collected without there being a proffer for expert status.
The judge didn't certify him as an expert which would allow his opinion that requires interpretation of legal statutes, as he is not an expert in that. I personally feel the decision was correct.
Now taking my lawyer cap off for a moment and dealing with why cops aren't generally allowed to give opinions in testimony whether a person on trial committed a specific crime is not just because lawyers/legislators want it that way but because in allowing that they effectively become the judge AND in many trials they would basically become the jury as well. There are many juries in many locales that would simply go off the word of the officer and never sit down and apply the law the judge gives them to the fact pattern as they see it.
Posted on 10/1/19 at 8:01 pm to lepdagod
quote:
No... it doesn’t ...why would it???
Don't mix up doesn't with shouldn't.
Posted on 10/1/19 at 8:02 pm to Athis
I was thinking they leaked it before the FOIA, but I may be wrong.
ETA: of all the warrants executed, that was the only one released. The other ones remain sealed. Draw your own conclusions.
ETA: of all the warrants executed, that was the only one released. The other ones remain sealed. Draw your own conclusions.
This post was edited on 10/1/19 at 8:12 pm
Posted on 10/1/19 at 8:37 pm to N2cars
quote:
of all the warrants executed, that was the only one released. The other ones remain sealed. Draw your own conclusions.
The police can't seal records only a judge can do that..So if there is a beef it is with the judge not the cops. From what I understand, and I maybe wrong, all records are made public unless sealed by a judge..
Posted on 10/1/19 at 8:41 pm to Athis
Not arguing with you, just explaining that I felt it was bs that any of it came out.
You're right regarding the fact that only the judge can seal or unseal records, but I found it interesting that this was released and not the others.
You're right regarding the fact that only the judge can seal or unseal records, but I found it interesting that this was released and not the others.
Posted on 10/1/19 at 8:47 pm to Athis
Again:
Point
You
Tell us about the results of the Guyger warrant.
Point
You
Tell us about the results of the Guyger warrant.
Posted on 10/1/19 at 9:25 pm to N2cars
I hope I didn't come off as a dick..
Maybe that warrant had basic stuff in it but it included the pot. Maybe the judge has seen pot found at a crime scene a million times and didn't think anything of it..maybe.
There are things that came to light that just fizzled out.. Like who made the complaint about Jean's loud music playing in his apartment the day before the murder? I didn't hear anything more about that.
The family lawyer brought forth some witnesses that said they heard a women banging on a door screaming "let me in". I know the witnesses went to the police station to give an interview. Those witnesses never came to court or were talk about since. Something tells that was BS.
Maybe that warrant had basic stuff in it but it included the pot. Maybe the judge has seen pot found at a crime scene a million times and didn't think anything of it..maybe.
There are things that came to light that just fizzled out.. Like who made the complaint about Jean's loud music playing in his apartment the day before the murder? I didn't hear anything more about that.
The family lawyer brought forth some witnesses that said they heard a women banging on a door screaming "let me in". I know the witnesses went to the police station to give an interview. Those witnesses never came to court or were talk about since. Something tells that was BS.
Posted on 10/1/19 at 9:41 pm to Athis
Naw man, no worries.
Hell, it's been a year, I really couldn't remember all the details.
Bottom line is a good guy is dead b/c of an idiot with a gun.
Hell, it's been a year, I really couldn't remember all the details.
Bottom line is a good guy is dead b/c of an idiot with a gun.
Posted on 10/2/19 at 12:01 am to Athis
quote:
Maybe that warrant had basic stuff in it but it included the pot.
Did it include the smell of the ice cream and cookies or perhaps his strawberry air freshener, they were just as relevant, that is the point.
Posted on 10/2/19 at 1:52 am to airlinehwypanhandler
quote:
It won't, but let those doing their victory lap have their day. To them, all that matters was white person shot black man, she needs to fry. That's all they care about.
Get real.
We don't want her to fry, but she must be held accountable.
She went in and murdered a dude who did nothing wrong.
That's pretty scary.
I am all for self defense and owning a gun, but I dislike when people have the mentality of, "I wish someone would cross me." She clearly had the mentality of someone broke in, I am going to go make them pay.. She had time to use common sense here.
She needs to pay for this now. You can't just go in killing people. Come on.
I am appreciative she got the murder verdict, even if it doesn't "stick." I don't want someone looking to use their gun so carelessly out on the streets. It's like the guy who shot Lee because he sprayed him with a water hose.
This guy Bo never had a chance.
Posted on 10/2/19 at 7:48 am to beauchristopher
Been in back country Utah hiking without cell signal for last few days... just getting a signal. This was the 2nd thing I checked after college football scores. I see a lot of bootlickers were wrong here. fricking pathetic y'all would condone the murder of a citizen. Just wanted to get that out, haven't read from page 17 on yet, but I'm sure it will be amusing af to browse later.
Posted on 10/2/19 at 9:58 am to Restomod
quote:
Jury not in yet. But judge on record says Defense has asked to include sudden passion in instructions to jury as they consider punishment. State agrees. This could impact length of sentence. Sudden Passion says “...passion caused by provocation of the individual
killed....1/2
LINK
quote:
2/2”...arising at the time of offense.” Can be introduced in punishment phase. Judge Kemp made it clear, the defense & state agreed to this. Murder F1 carries 5-99 prison term. If sudden passion goes, reduces penalty range to 2-20; probation also option. Jurors still decide.
LINK
This post was edited on 10/2/19 at 10:04 am
Posted on 10/2/19 at 10:01 am to Restomod
quote:
If sudden passion is included in charge, it means defense gets to present argument to jury. Jurors would decide whether it applies
Testimony has started with young lady who knew Botham at Harding University
LINK [/quote]
This post was edited on 10/2/19 at 10:03 am
Posted on 10/2/19 at 10:11 am to Restomod
How can they possibly claim he provoked her by being inside his own apartment?
Posted on 10/2/19 at 10:17 am to Restomod
quote:
Testimony has started with young lady who knew Botham at Harding University
Why does the murder victim need a character witness?
Posted on 10/2/19 at 10:23 am to jchamil
I mean, if the murderer gets a character witness to appeal emotionally to the jury, then there needs to be balance there.
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