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To: Kenny Bunk
I believe from the 5th circuit docket that the agents have petitioned to be released pending the appeal. This was done since the trial court denied their request to be released. If the 5th circuit grants their request, it MAY be some insight as to how they feel about the appeal. This is kind of like reading tea leaves. I am very questioning about the "subsequent arrest." That could be one of their better their better points of error. It depends greatly on the facts developed, the disclosure to the defense and the rulings of the trial judge. I don't have enough information regarding the it to hazard a guess as to the at that aspect of the appeal. I would like to see more information developed on it. I frankly don't think that the error regarding the 3 jurors is going to be reversible error. Given the facts as alleged and posted here, the case law out of the 5th Circuit makes it difficult unless there was an improper instruction given to the jury by the trial court. If the misunderstanding was the result of jury deliberations, as it appears here, then the 5th is unlikely to reverse. Courts see this situation all the time in jury trials. Unfortunately, the weak jurors in this case were in support of the defendants. I could be wrong, but I don't see it being a winner.
33 posted on 02/09/2007 7:10:47 AM PST by erton1
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To: erton1; CharlesWayneCT; calcowgirl
The facts could end up exonerating these two men, but right now it's mostly shrill rhetoric about open borders, pro-drug prosecuters, a corrupt attorney general, and a president who should be impeached. Hardly a conservative way of examining the facts and reaching a rational judgment.

The prosecutor did not foresee the firestorm this case would create. Had these two BP men been traditional criminals, the (perhaps overly) slick lawyering used to nail them would probably have been applauded by the very same people now in various stages of outrage (including me.)

Unfortunately, now Sutton is actually benefitting from the controversy and confusion swirling around the case! He, and the other agencies caught off base by the popular reaction, are rather cagily trying to control and direct the release of information, and disinformation, as much as they can. Evidently, they may have gone too far with it, though, by misdirecting congress.

That, and the original decision to prosecute, of course, are the most disturbing aspects of the whole tawdry affair. Guilty or innocent, these BP Agents should be free pending appeal, which I believe to be a necessary first step in reaching a workable deal.

Maybe the 5th Circuit will see it that way, as erton suggests. However, this ain't no 9th circuit... i.e. they are usually, I hear tell, rather pro-prosecutor.

35 posted on 02/09/2007 8:12:18 AM PST by Kenny Bunk (Biden, Biden, he's my man, if anyone says it, he soon can!)
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