Rittenhouse trial thread (multi-merged)

tirwin1

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I am watching a bunch of lawyers discuss this case. They all seem to be biased towards Rittenhouse more or less. They are unanimous the judge is making a lot of errors and seems to be in over his head. Some aren't worried about the mob's impact on the jury as much as they think the mob and negative press coverage has clearly affected the judge. The defense team is also catching a lot of criticism for not making more of a point about the withheld video justifying a mistrial.

The only thing that seems certain is this trial will not be the last word. Due to all these issues it's almost a lock it goes to an appellate court regardless of what the verdict is.
 
Phazer

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WAIT!!!!!!!

The state prosecution had a high-res file that was around 11MB. They emailed a copy to the defense. The file that was received was 4MB. The state now claims that the defense attorney's phone (or email) compressed the file. The defense attorney states that the filename changed from what the state cited. AND...the metadata indicates that the smaller file presented to the defense was created 21 minutes after the state's copy. WTF!!!!

We cannot play fast and loose with evidence in a trial with so much at risk.

I am not a lawyer. But, it would appear that the proceedings cannot be cured. The evidentiary presentation is now tainted. A mistrial should be declared.
 
Phazer

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tirwin1 said:
I am watching a bunch of lawyers discuss this case. They all seem to be biased towards Rittenhouse more or less. They are unanimous the judge is making a lot of errors and seems to be in over his head. Some aren't worried about the mob's impact on the jury as much as they think the mob and negative press coverage has clearly affected the judge. The defense team is also catching a lot of criticism for not making more of a point about the withheld video justifying a mistrial.

The only thing that seems certain is this trial will not be the last word. Due to all these issues it's almost a lock it goes to an appellate court regardless of what the verdict is.
Click to expand...
The judge IS compromised. He has cited knowledge of what was written about him referring to an "Asian lunch" that was ordered for the jurors and to how the defendant in his court room picks the 12 of 18 jurors from a pitcher of numbers. Therefore, the judge is tainted by his knowledge of how the trial proceedings, and he himself, are being depicted in the media.
 
FrankenCub

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Phazer said:
WAIT!!!!!!!

The state prosecution had a high-res file that was around 11MB. They emailed a copy to the defense. The file that was received was 4MB. The state now claims that the defense attorney's phone (or email) compressed the file. The defense attorney states that the filename changed from what the state cited. AND...the metadata indicates that the smaller file presented to the defense was created 21 minutes after the state's copy. WTF!!!!

We cannot play fast and loose with evidence in a trial with so much at risk.

I am not a lawyer. But, it would appear that the proceedings cannot be cured. The evidentiary presentation is now tainted. A mistrial should be declared.
Click to expand...
I've sent a bunch of hi-res to my wife of deer or Christmas lights, she loves lights. My phone asks me if I want to send the original file or compress it.
I send the original and she gets the original.
I gotta call bullshit on the prosecution's story.
 
kev74

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Phazer said:
The judge IS compromised. He has cited knowledge of what was written about him referring to an "Asian lunch" that was ordered for the jurors and to how the defendant in his court room picks the 12 of 18 jurors from a pitcher of numbers. Therefore, the judge is tainted by his knowledge of how the trial proceedings, and he himself, are being depicted in the media.
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That's not against the rules.
 
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They have not shown guilt, end of case. If a jury or part of one needs to be shuttled in the dark of night to get home, then why are the N Guard not out front now. They get paid sitting 60 miles away or standing on the steps.
 
Phazer

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Me as defense: Your honor, these proceedings are hopelessly fucked up! Nobody in this courthouse can vouch for where the video came from, what the video's original format was, and why the hell the defense was not provided with an exact copy of evidence in the possession of the state. The state has purposely acted in bad faith in prosecuting my client. I ask for this case to be declared a mistrial and dismissed with prejudice. I will be filing formal ethics complaints against all of the state district attorneys upon the completion of these proceedings.
 
I

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tirwin1 said:
The only thing that seems certain is this trial will not be the last word. Due to all these issues it's almost a lock it goes to an appellate court regardless of what the verdict is.
Click to expand...
Not a Lawyer but I believe that if the jury actually delivers a Not Guilty verdict that the criminal case is finished. Prosecution has no appeal after the verdict is rendered. This would violate the concept of Double Jeopardy. The defendant would still be open to civil litigation seeking monetary compensation for victims but the criminal liability is finished.
 
Jmac00

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my wife ~~~ the graphics designer ~~~is laughing her ass off.

emails and files simply don't compress on their own, they don't change titles on their own, it PHYSICALLY CAN'T HAPPEN.

If the defense received a 4MB file, its because the Prosecution SENT a 4 MB file, period
 
Phazer

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Jmac00 said:
my wife ~~~ the graphics designer ~~~is laughing her ass off.

emails and files simply don't compress on their own, they don't change titles on their own, it PHYSICALLY CAN'T HAPPEN.

If the defense received a 4MB file, its because the Prosecution SENT a 4 MB file, period
Click to expand...
This should be so for email.

However, when I receive text messages that contain video clips, they are severely compressed and down-sized. But...we're not referring to text in this case.
 
Phazer

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tirwin1 said:
The lawyers group has received a couple of DM's from people that claim screenshots of the DA's laptop reveal it contains software that can be used to compress video.
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They referred to Handbrake. I've used it many times to change video files from one format to another.

Handbrake is not a video player. The jurors will not accidentally compress or transcode the files.
 
Celt

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Phazer said:
This should be so for email.

However, when I receive text messages that contain video clips, they are severely compressed and down-sized. But...we're not referring to text in this case.
Click to expand...
And even if that was the case, the file name wouldnt change, and they were still negligent to not share ALL the evidence.
 
Podmonkey

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Theory: The jury is trying to find any reason at all to convict but are finding none, hence the extended deliberation.

Theory 2: They have decided already to acquit and are merely making it seem as if they are carefully deliberating in some vain hope of appeasing leftist terrorists.

Theory 3: There are a few fearful hold outs that the remainder of the jury is working hard on flipping.
 
drowhawk

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Its over. Just saw defense will be asking for mistrial WITHOUT prejudice over drone footage. Looks like the mob got to his lawyers. Poor kid. Hes going away for a long time no doubt if it gets retried.
 
Phazer

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drowhawk said:
Its over. Just saw defense will be asking for mistrial WITHOUT prejudice over drone footage. Looks like the mob got to his lawyers. Poor kid. Hes going away for a long time no doubt if it gets retried.
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Defense is all over the place. They submitted a written motion for mistrial with prejudice. But, in court, they asked for mistrial without prejudice.

Rittenhouse needs competent defense council. He needs attorneys that:
- Will assure that they have all available evidence
- Will object to all prosecution inappropriateness
- Will arrange a defensive force expert that understands, and can explain to the jury, issues about: Use of force, damage from calibers at issue, deadly threats from blunt objects (including feet), and time required to act/react. A defense of force expert must explain that people are forced to act to save their own lives in real time and not in slow motion.
- Arrange for a defensive firearms expert who will explain that Rittenhouse never fired indiscriminately and showed excellent judgment and handling of his firearm when defending himself while standing, running, and on his back. This expert must explain to the jury that when someone reaches for your defensive firearm, they are a threat. The expert should also explain that a rifle sling can help you retain control of your firearm. But, it can also be used to drag you into compromising positions.
- Will reinforce to the jury that this entire episode occurred over a 2 minute 55 second time span and NOT in slow motion. The altercation with Rosenbaum took seconds (and shots were fired in 0.74 seconds).
- Will continue to reinforce that Rittenhouse acted in self-defense. After all, Rittenhouse was threatened and accosted by Rosenbaum. Rittenhouse was running from a mob while in fear for his life. Rittenhouse was chased, hit in the head with a rock, struck by a skateboard, kicked while he was down, and was then targeted by Groskreutz and his handgun.
 
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