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re: Defense files motion claiming Kenosha prosecutors WITHELD VIDEO EVIDENCE from defense

Posted on 11/17/21 at 6:32 am to
Posted by xGeauxLSUx
United States of Atrophy
Member since Oct 2008
21069 posts
Posted on 11/17/21 at 6:32 am to
quote:

I’m kinda hoping that someone walks up to him on the street and says “remember, everyone has to take a beating sometimes “

Posted by thetempleowl
dallas, tx
Member since Jul 2008
14928 posts
Posted on 11/17/21 at 6:36 am to
quote:

Basically the state showed Kyle's lawyers a shitty video that they thought didn't show anything, so Kyle's lawyers felt comfortable putting him on the stand, which then gave state ability to show the video and this time they use much higher Def version that may be more incriminating to Kyle

Basically "we never would have called Kyle if we knew that video showed he was guilty"

I'm not saying it was the hail Mary the state was hoping for, but it was definitely a long completion to Kyle's 5 yard line


So hold on, I thought they were saying the video showed that he didn't point the weapon at the guy.

You are saying the HD video shows that he did point the weapon at the guy.

What is true?

I thought all they showed the jury was a fake grainy picture that they claimed showed Kyle pointing a weapon and they didn't use the video that showed he didn't.
This post was edited on 11/17/21 at 6:38 am
Posted by loogaroo
Welsh
Member since Dec 2005
31614 posts
Posted on 11/17/21 at 6:40 am to
quote:

This IS NOT a matter of a couple things, mistakes, inadvertent omissions, this is SYSTEMIC and PREMEDITATED.


Absolutely! They want to make an example out of KR.

Cannot have good citizens taking care of the orchestrated problems the left cooks up.
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 11/17/21 at 6:40 am to
quote:

So hold on, I thought they were saying the video showed that he didn't point the weapon at the guy.



The DA wouldn't have withheld the evidence if it didn't destroy their case.
Posted by RealDawg
Dawgville
Member since Nov 2012
9548 posts
Posted on 11/17/21 at 6:45 am to
quote:

I thought all they showed the jury was a fake grainy picture that they claimed showed Kyle pointing a weapon and they didn't use the video that showed he didn't.


If real (not sure it is because there are no legal cites really and the format is elementary) what it is saying is they gave defense and used a lower resolution version earlier and tried to draw a conclusion from it then came back with a clearer version at higher resolution at the end (after the trial) and gave it to defense that shows better what they implied earlier isn’t true.

If they had a better resolution and it had the ability to defend Kyle more so than other, that makes the evidence exculpatory (good for Kyle). Holding that back is a big deal. Could be a stunt to get a mistrial but not with prejudice if they say it was just an accident.

*edit Reality is no good defense would have allowed it in first place. It was shown enhanced via software that interpolates (changes/enhances) the original image AND isn’t mean to be used as evidence in a trial. The actually we’re winning this argument and let it go. They also showed it on a 4K tv that also manipulated the video by upscaling (which does add information to make the different than original). Every tv does it. Not a single piece of evidence shown on that tv was at 4k-3840 x 2160 pixels. Doesn’t matter if they didn’t object or have their expert testify to it.
This post was edited on 11/17/21 at 7:02 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99799 posts
Posted on 11/17/21 at 6:54 am to
quote:

Could be a stunt to get a mistrial but not with prejudice if they say it was just an accident


Their implications and statements as to what the video showed, which is clearly contrary to what the HD video showed, is absolute grounds for mistrial with prejudice.
Posted by Magician2
Member since Oct 2015
14553 posts
Posted on 11/17/21 at 6:55 am to
Seems like a last minute desperation and they expect guilty
Posted by TDTOM
Member since Jan 2021
15286 posts
Posted on 11/17/21 at 7:05 am to
No one expects guilty. I would hung jury is in the lead at this point.
Posted by jmcwhrter
Member since Nov 2012
6612 posts
Posted on 11/17/21 at 7:16 am to
quote:

You are saying the HD video shows that he did point the weapon at the guy.



No, I'm saying the HD version they showed during jury instructions gives the state a better chance of convincing jury of provocation..

And had Kyle's defense seen this semi-clearer version beforehand, they probably wouldn't have put him on thre stand and allowed it to he admitted

The defense has a point, but the narrative will be "who cares when it was admitted! It's proof! Reeeee"
This post was edited on 11/17/21 at 7:18 am
Posted by RealDawg
Dawgville
Member since Nov 2012
9548 posts
Posted on 11/17/21 at 7:22 am to
quote:

And had Kyle's defense seen this semi-clearer version beforehand, they probably wouldn't have put him on thre stand and allowed it to he admitted


Not certain this is connected at all to him going on the stand.

If you can see a clear difference between the higher resolution version (that prosecution had and only gave AFTER closing) and what was used in the courtroom…that’s a problem.

Now..zero idea why this motion wasn’t heard yesterday if real.
Posted by McChowder
Hammond
Member since Dec 2006
5282 posts
Posted on 11/17/21 at 8:17 am to
quote:

Wasn't the Duke Lacrosse fiasco ultimately dismissed during the trial because the AD involved was withheld evidence that damaged his case?

Conspired with a state witness to withhold evidence that would have conclusively exonerated the defendant if I'm not mistaken.
Posted by Wildcat1996
Lexington, KY
Member since Jul 2020
6261 posts
Posted on 11/17/21 at 8:26 am to
quote:

No one expects guilty.


Agreed. You have to scroll down a page or so to even find the story on the NYT web site this morning.

If the leftists were expecting a win, it would be the lead.
Posted by cadillacattack
the ATL
Member since May 2020
4586 posts
Posted on 11/17/21 at 8:30 am to
quote:

Just like the fbi did.



yep .... 100% yep

Posted by fwtex
Member since Nov 2019
2032 posts
Posted on 11/17/21 at 8:34 am to
quote:

If you can see a clear difference between the higher resolution version (that prosecution had and only gave AFTER closing) and what was used in the courtroom…that’s a problem.


Exactly, The prosecution essentially brought testimony into their closing arguments by admitting new video that was not presented during the witness testimony and cross examination.

My belief is that the Judge wants to let the Jury pass a verdict so that Kyle will not have the accusations hanging on him for the rest of his life. If the jury comes back with a guilty verdict the judge still has options available for mistrial and the defense would have a very good case for a quick appeal.

If I were a person convicted by the Kenosha DA office I would be digging into everything the prosecution did or did not do on my case. They have shown in this Rittenhouse case that they are as dirty as they come. How many innocent people have been convicted or forced to accept a plea because of the DA office dirty actions against defendants?
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167875 posts
Posted on 11/17/21 at 8:37 am to
quote:

If I were a person convicted by the Kenosha DA office I would be digging into everything the prosecution did or did not do on my case



Could you imagine if you had a spousal abuse case tried by a DA that thinks "Everyone takes a beating now and then"
Posted by September 1948
Member since Jun 2018
2133 posts
Posted on 11/17/21 at 8:46 am to
What happens if the crazy prosecutor pulls a gun on the jury?

Would that be considered a threat?
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167875 posts
Posted on 11/17/21 at 8:56 am to
Tim Pool makes a valid point and concern

quote:

This is worse than people realize

If the Prosecutors didnt turn over the video thats withholding evidence

BUT

The Prosecutors actually gave a *manipulated* version of the video and that seems like intentional sabotage of the defense



I hope to god they can prove Binger and Fatlock compressed the file on purpose
Posted by lachellie
LALA Land
Member since Aug 2012
1018 posts
Posted on 11/17/21 at 9:06 am to
quote:

Drop kick man
He was referred to as JumpKickMan in the trial, or a Noncomplainant Witness.
This post was edited on 11/17/21 at 9:14 am
Posted by Buddy Red
Maringouin, LA
Member since Aug 2007
279 posts
Posted on 11/17/21 at 9:18 am to
quote:

Could you imagine if you had a spousal abuse case tried by a DA that thinks "Everyone takes a beating now and then"


I never considered this after hearing that comment.... which made my jaw hit the desk. But take it a step further, battery, agg battery, etc. Defense should just argue "Everyone takes a beating now and then....".... that is not my version of the law, that is what the prosecutor tells us it is......

And if considered long enough, I am sure the statement / analogy could extend it to many other crimes
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