Mistrial {or not}
12 Apr 2011 :: by sd :: CommentsJames Arthur Ray has no defense … literally. His actions on October 8th were bizarrely :: and brazenly :: evil. No still functioning human can identify with his heartless and uncaring actions {and inactions}.
So his trial team is going with obstructionism :: which is prolly strategically smart :: but it’s ethically disgusting.
Over the weekend they filed an “emergency” motion for a mistrial citing the State’s “willful” suppression of exculpatory evidence. The defense says an early report prepared for the State by an environmental expert {who was withdrawn as a witness} should have been disclosed to them and wasn’t. The “report” :: which seems to be attached to the motion :: describes how the intense heat of the lodge helped prevent proper air flow :: making the back portion of the lodge a double death trap.
Sounds about right :: it was hard to breathe at the back … some people stopped.
The defense argues that this violation is so egregious as to violate Mr. Ray’s constitutional right to Due Process.
This is the sort of thing we have Judges for … they can cure problems like this on the fly. The aim of the justice system is to NOT have mistrials. There are plenty-o cures that don’t involve mistrial … and Judge Darrow is well within his discretion to choose any one of them.
This “evidence” is not exculpatory :: or in any way favorable to Mr. Ray. The defense wants you to believe that the State has to prove that heat killed the victims in order for Mr. Ray to be found guilty. But that is wrong. The intent element of a crime :: in this case recklessness :: can be established just seconds before the commission of the crime. It wasn’t reckless to hold a sweat lodge ceremony :: it was reckless to continue holding a sweat lodge ceremony AFTER it was reported that people were not breathing :: and AFTER more than ten people had been carried out unconscious.
It doesn’t matter if it was rogue demons killing people at the back of the lodge :: once it became clear that conditions inside the pitch black lodge were dangerous :: the leader had a duty to stop the lodge and ensure the safety of the paying partipants. But he didn’t :: he just kept piling on the danger … ignoring the whimpers :: gurgles :: and screams.
Remember when Judge Darrow handed down his pretrial 404(b) ruling :: and I said …
Listen to me well you silly kitties :: if this thing goes all the way to the end {and it might} :: then there will be hundreds more rulings like this :: about every stupid thing at every stupid moment :: and things will change as things change …
Objection! :: the word “stupid” is unnecessarily conclusory …
ReObjection! :: the word “conclusory” is unnecessarily legalistic …
Withdrawn.
Anywayz :: don’t let your little hearts beat with every twitch of an unperfect system. Stuff goes wrong a lot. Stuff goes stupid a lot.
Well now I’m repeating that. Stay calm you silly kitties.
“But Droid :: the people on InSession said –”
STOP yourself right there :: don’t care about the rest of that sentence. The people on InSession have also been saying this should have been a “civil case” … which is blindingly ignorant. The State’s trying to prove the tougher recklessness standard :: but there has never been a clearer case of negligent homicide in the history of the world.
The chick who calls herself Sunni said she likes The Secret.
According to you people {cause I refuse to watch it} :: Beth Karas stated on air that this is a serious motion that will likely end in a mistrial dismissal :: with prejudice no less {meaning no retrial}.
Whatevers! What a ridiculous thing to say about that motion before the State has even responded.
Something tells me {common sense} that if Judge Darrow was leaning towards a mistrial with prejudice after two months of trial :: and two years of investigation :: he’d have given the State more than one business day to reply.
If this trial is personal to you :: then please stop watching television.
There’s gonna be five more mistrial motions :: get used to it.
Here’s a free tip :: don’t worry about shit until after it happens.
>> bleep bloop
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