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DA: Judge Blackwood wrong to order new Christian/Newsom trials (Judge ignores St Supreme Ct)
Knoxville News-Sentinel ^ | June 4, 2012 | Jamie Satterfiedl

Posted on 06/04/2012 3:20:15 PM PDT by abb

KNOXVILLE — A special judge has decided to — again — grant new trials in one of Knoxville’s most high-profile cases, and state prosecutors are responding by asking him to step down from the case.

A motion filed late Friday afternoon in Knox County Criminal Court reveals that Special Judge Jon Kerry Blackwood is planning to enter an order granting new trials in the January 2007 torture slayings of Channon Christian, 21, and Christopher Newsom, 23, without holding a hearing and despite a recent state Supreme Court ruling faulting his legal reasoning.

Assistant District Attorney General Leland Price, in turn, is asking Blackwood to recuse himself from the case, accusing the special judge of all manner of judicial misconduct.

“The willful failure of this court to follow the Tennessee Supreme Court’s guidance indicates this court has lost all semblance of fairness and impartiality,” Price wrote. “The court’s clearly stated and predetermined position is that new trials will be granted regardless of any law, evidence or argument to the contrary.”

Blackwood granted each of four defendants in the Christian/Newsom case new trials in December. He cited two reasons — the misconduct of former Judge Richard Baumgartner, who presided over the original trials, created structural error that deprived the defendants a constitutionally sound trial and, because Baumgartner had not yet approved the verdicts as “13th juror,” Blackwood opined he could not step into that role.

Baumgartner stepped down after a Tennessee Bureau of Investigation probe revealed he was committing crimes including doctor shopping, buying pills from a felon and using his mistress — a graduate of his Drug Court program — to procure more pills.

(Excerpt) Read more at knoxnews.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: christian; knoxville; murder; newsom
This just in...
1 posted on 06/04/2012 3:20:25 PM PDT by abb
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To: abb

Channon Christian, Christopher Newsom murders

http://www.knoxnews.com/news/news/local/channon-christian-christopher-newsom-murders/

Victim’s and Perps pictures at link.

This is an absolutely sickening preversion of justice if this is messed up by technicalities. If you are not familiar with the case, it is the most brutal vicious crime I have ever read about.

It is a Race Hate Crime......


2 posted on 06/04/2012 3:27:07 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: abb

Leftist libs ain’t gonna like this cropping up with negative inplications for Obama, Holder and his people just before the election. It’s wacist I tell you, wacist.


3 posted on 06/04/2012 3:27:31 PM PDT by Sea Parrot (Youth And Brawn Are No Match For Age And Treachery. I'm Old And May Not Fight. I'll Shoot Instead.)
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To: Texas Fossil

Quite familiar. I’ve been following the case since 2007.


4 posted on 06/04/2012 3:28:19 PM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb
I posted same thread about an hour ago in Crime and Tennessee sections. This one is getting the hits so I'm gonna have Admin Mod pull mine. :>}

GOD be with the Christian and Newsome families. If new trials are ordered and the State Court of Appeals doesn't step in again then they face this again. I certainly hope a new judge is appointed too take over the case immediately after/if the decession is made.

5 posted on 06/04/2012 3:32:46 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: Texas Fossil

I’m torn, but running the trial through a second time (scarcely anybody questions what the outcome would be) is a tiny price to pay for letting misconduct like Baumgartner’s have consequences. The other road is to encourage more wink and nod at a second Baumgartner. Judges getting themselves hosed does not endanger merely their tenure, but their credibility.


6 posted on 06/04/2012 3:33:49 PM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: cva66snipe

If anybody should be pilloried and hanged in effigy it’s Baumgartner. As well as the other parts of the body politic that let him hang on way too long.


7 posted on 06/04/2012 3:35:49 PM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: abb
aren't these the perps that could look like obama’s kids?
8 posted on 06/04/2012 3:46:01 PM PDT by martinidon
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To: HiTech RedNeck
Blackwood let Bumgartner cut a deal to basically avoid doing any time from a state court. {Federal prosicution is pending though} Plus he kept his pension to boot. That is why I posted IF there is to be another trial then it should be by another judge with no hands as of right now in this case. This could easily turn into another Zooman fiasco that dragged on forever.
9 posted on 06/04/2012 3:48:16 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: cva66snipe

Hmm, so Blackwood may have dirty hands too.

Of course he will not do anything till forced (impropriety? what impropriety?) It sucks like an F5 tornado that this case of all cases had to get caught up in the taint. A second trial, with an unrelated judge, may be the only way to really clear out the stink.


10 posted on 06/04/2012 3:55:24 PM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: abb
Have the trial now.

Take the wind out of the Trayvon Martin industrial complex.

11 posted on 06/04/2012 3:57:47 PM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: abb

As guilty as I think the convicted are about the crime, the judge who convicted them was compromised in his ability to determine guilt because of his drug addiction, therefore the new judge is probably correct in ordering a new trial, unfortunately.

Hopefully, the new judge will come to the same conclusion and nothing changes.

Anybody who has a problem with it can thank the druggie judge.


12 posted on 06/04/2012 4:03:36 PM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults.)
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To: HiTech RedNeck

OK, I did not realise the Judge had such a problem.

I am still having a hard time trying to get my mind around such a vicious crime.

If the death penalty was ever warranted, it is here.

Can you imagine how the families feel after this length of time.


13 posted on 06/04/2012 4:09:12 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: abb

Give em’ all the death penalty. This is a very disturbing and sick crime.


14 posted on 06/04/2012 4:09:56 PM PDT by eyedigress ((zOld storm chaser from the west)/?)
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To: abb

Sorry.


15 posted on 06/04/2012 4:10:06 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: HiTech RedNeck
Of course he will not do anything till forced (impropriety? what impropriety?) It sucks like an F5 tornado that this case of all cases had to get caught up in the taint. A second trial, with an unrelated judge, may be the only way to really clear out the stink.

There is a huge distrust in the air right now thats for sure. Although I suspect Bumgartner isn't the only one on the bench in East Tennessee who has a sobriety issue. The fact is though 12 jurors found the accused guilty.

16 posted on 06/04/2012 4:21:14 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: martinidon

A couple of them are brothers, with different surnames...


17 posted on 06/04/2012 4:25:18 PM PDT by Copenhagen Smile
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To: abb

This was definitely a case where a few eggs need to be broken to make that omelet. No kind of punishment would be too harsh for these scumbags. And that includes a public hanging.


18 posted on 06/04/2012 4:32:28 PM PDT by Terry Mross ("It happened. And we let it happen." Peter Griffin - FAMILY GUY)
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To: Texas Fossil

Wolf Blitzer
Brian Willams
Rachel Maddow
Ed Schltz
Rev. Al and Jesse

...all missed (ignored) it.


19 posted on 06/04/2012 7:28:56 PM PDT by wac3rd (Somewhere in Hell, Ted Kennedy snickers.....)
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To: wac3rd

Yes, they are covering for Obozo. A black on white racist attack does not fit his script for re-election.


20 posted on 06/04/2012 7:49:04 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: cva66snipe

Juries aren’t the panels of bright, aware citizens that they were in yesteryear. Now they are mushroom farms in carefully controlled darkness, or violins that are inert unless skillfully played. So a judge’s taint does carry over to juries today.


21 posted on 06/04/2012 9:05:28 PM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: Terry Mross

It is cryingly grievous cases like this which set the law that operates in more “normal” situations. Don’t think for one second that any career prosecutor would settle for less. It is up to the courts to be level headed, or nobody will be.


22 posted on 06/04/2012 9:09:00 PM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: cva66snipe

No, he is not the only judge in East TN with a sobriety problem, by a long sight.

There is at least one circuit court judge who has had alcohol problems, and most recently an appeals court judge with a pending DUI, but it thus far has not impacted his ability to be a judge, and may never.

http://www.wbir.com/news/article/217849/2/TN-Court-of-Criminal-Appeals-judge-can-work-despite-DUI-arrest


23 posted on 06/04/2012 11:01:59 PM PDT by Apogee
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