Posted on 11/09/2021 4:36:22 AM PST by Candor7
So, there is a timing element here. Not one issue, but two or three.
Before charging, prosecutor has to have probable cause. He may ignore affirmative defense.
During trial, there are Brady and Giglio obligations to provide to defense, all excuplatory evidence that prosecutor has. As you correctly surmise, what constitutes “exculpatory” is not clear cut, and prosecutors tend to hide the ball. Failure to disclose this material results in risk to a guilty verdict. Failure to produce is not per se an ethcal violation - there is low risk to prosecutor to play tough, stupid, whatever. All the rules that make it a felony for prosecutor to withhold are paper tigers. https://www.law.cornell.edu/wex/brady_rule https://iron-set.com/us/helpful-tips/what-is-a-giglio-violation
After guilty verdict, like say “years later,” new evidence comes in. This is the ongoing duty. The evidence was literally not known before or at the trial. The proptotype for this, these days, is new DNA evidence.
As for affirmative defense, THAT burden is 100% on defendant. Use it or lose it. It is not the prosecutors job to defend the accused. On paper, the job is to “do justice,” but in fact it is to secure convictions by hook or by crook.
If all the parties agree certain evidence is obviously false, that evidence is a non-issue. My personal point of view is that defendants and prosecutors are just a likely to lie - neither side is clean. Juror in a few criminal trials, and liars all over the place, more often defendant.
Thanks.
Thanks RACPE.
No, this is video shot from a privately-owned hobby drone, such as a DJI Phantom.
It was flying just north of the corner where Rosenbaum was shot.
The pilot had just taken off and was climbing to just above lamp post height and aimed toward the crowd in the gas station.
It captured the moment Rittenhouse shot Rosenbaum from above and behind Rittenhouse's right shoulder.
It was shown several times this morning, including zoomed and enhanced versions. (Exhibits 82-86)
I’m sure Andrew Branca will have those featured on his daily summary on this trial at Legal Insurrection.
https://legalinsurrection.com/author/law-of-self-defense/
Prosecur=tors have a duty to reveal all of the evidence they have about the defendent, including exculpatory evidence. No ands, ifs ,or buts.
If a police officer witholds exculpatory evidence, it is a felony.
Thats the way the system should work. A prosecutor who willingly witholds, obfuscates, secrets, or destroys exculpatiry evidence is subject to disbarrment.As an officer of the court, he is bound by that duty. Its just as onerous as fabricating evidence.
Thanks for that link!!! I watched a few hours of testimony from yesterday (day 5) with Grossireutz, the bald bearded “journalist”, the detective and they all seem to be in on it like this was staged. The defense attorney made the detective look biased as the footage clearly show Kyle was attacked yet this motion was making excuses. The 2 cops involved with the investigation never got Grossireutz phone or the skateboard dude Huber’s skateboard or another Antifa guy’s gun (guy claimed it was stolen). They chargers Kyle without completing the investigation which the defense attorney made him admit that was very uncommon in practice for that to even ever happen. Sham trial.
Yes i agree. He seemed to skillfully lie without remorse or with a guilty conscience. His ability to defy law and order makes me think he is working in partnership with the FIB. The idea he is suing for$10 million (claiming he is the victim) shows this guy is delusional
Grosskreutz appears to be a habitual liar and someone who can do so with ease and confidence. But when the video and his own own words and omissions revealed the truth, he remained somewhat calm and even arrogant, while the look on the prosecutions face was, “Oh sh*t”.
He isn’t getting his ten million dollars. He can kiss that goodbye.☺ What a hoot. He got smoked!
Agree .......
I have a BIG family...
I think that 10 million case has just become a distant fantasy in the poor shulb’s world.
Praise the Lord.
It’s nice to see a little snippet of justice in today’s BrandonWorld, isn’t it.
Good point.
However, I don’t expect anything to change in Seattle/Portland/SF. They will continue to elect democrats, who continue to scapegoat/ignore/excuse their problems. They continue to ‘defund police’, which is city suicide.
This entire mindset/belief didn’t happen overnight or within Trump era, its been going on for decades.
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