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  1. #16
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    Shuyee Lee @sleeCJAD · 14s 15 seconds ago

    Judge: must decide by looking at evidence as whole that #Magnotta guilt is proven beyond a reasonable doubt.
    0 replies 0 retweets 0 favorites
    Shuyee Lee @sleeCJAD · 1m 1 minute ago

    Judge: standard falls much closer to absolute certainty than probable guilt. Probably guilty is not sufficient. #Magnotta
    0 replies 0 retweets 0 favorites
    Seeking justice for Audrey Gleave
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    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
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    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  2. #17
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    Many apologies for doing the tweets upside down. Doing my best.
    Seeking justice for Audrey Gleave
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    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
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    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  3. #18
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    Shuyee Lee @sleeCJAD · 1m 1 minute ago

    Judge: defence saying #Magnotta suffered from mental disorder to extent he is not criminally responsible for actions.
    0 replies 1 retweet 1 favorite
    Shuyee Lee @sleeCJAD · 2m 2 minutes ago

    Judge: non criminally responsible verdict is different. #Magnotta
    0 replies 1 retweet 1 favorite
    Shuyee Lee @sleeCJAD · 3m 3 minutes ago

    Judge: if based on evidence, and find #Magnotta guilty, then you are satisfied he is guilty beyond a reasonable doubt.
    0 replies 1 retweet 1 favorite
    Shuyee Lee @sleeCJAD · 4m 4 minutes ago

    Judge: if reasonable doubt, must find #Magnotta not guilty.
    0 replies 1 retweet 1 favorite
    Shuyee Lee @sleeCJAD · 4m 4 minutes ago

    Judge: must decide by looking at evidence as whole that #Magnotta guilt is proven beyond a reasonable doubt.
    0 replies 1 retweet 1 favorite
    Seeking justice for Audrey Gleave
    -------------------------------------------
    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
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    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  4. #19
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    Shuyee Lee @sleeCJAD · 1m 1 minute ago

    Judge: any reason why witness not telling truth, give version more favourable to accused? #Magnotta
    0 replies 1 retweet 1 favorite
    Shuyee Lee @sleeCJAD · 2m 2 minutes ago

    Judge: no magic formula for deciding how much or how little to believe of testimony. Use collective common sense. #Magnotta
    0 replies 1 retweet 1 favorite
    Shuyee Lee @sleeCJAD · 2m 2 minutes ago

    Judge:To make your decision, consider carefully, w/ open min all evidence during trial. #Magnotta
    Seeking justice for Audrey Gleave
    -------------------------------------------
    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
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    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  5. #20
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    Shuyee Lee @sleeCJAD · 46s 46 seconds ago

    Inconsistencies make main points more or less believable or reliable? Important or minor details?Honest mistake? Deliberate lie? #Magnotta
    0 replies 0 retweets 0 favorites
    Shuyee Lee @sleeCJAD · 1m 1 minute ago

    Witness reporting what he/she saw or heard or put together account from other sources? Testimony consistent? #Magnotta
    0 replies 1 retweet 1 favorite
    Shuyee Lee @sleeCJAD · 2m 2 minutes ago

    Circumstances in version made? Events unusual? Witness good memory, reason to remember incident? Difficulty to remember genuine? #Magnotta
    Seeking justice for Audrey Gleave
    -------------------------------------------
    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
    -------------------------------------------
    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  6. #21
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    Can anyone take over. Gotta run........
    Seeking justice for Audrey Gleave
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    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
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    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  7. #22
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    Shuyee Lee @sleeCJAD · 60m 60 minutes ago
    Giving testimony rare so too many variables to consider in way someone testifies. #Magnotta

    Shuyee Lee @sleeCJAD · 59m 59 minutes ago
    Up to you on how much or how little you rely on testimony. You can believe some or none of it. #Magnotta

    Shuyee Lee @sleeCJAD · 59m 59 minutes ago
    Judge: reasonable doubt and credibility. #Magnotta

    Shuyee Lee @sleeCJAD · 58m 58 minutes ago
    You can believe a witness, fully or not. If reasonable doubt, find #Magnotta not guilty.

    Shuyee Lee @sleeCJAD · 57m 57 minutes ago
    Only evidence in courtroom. Things entered as exhibits or admissions. What witnesses answer. Not questions unless witness agrees. #Magnotta

    Shuyee Lee @sleeCJAD · 57m 57 minutes ago
    Indictment read out is not evidence. Lawyers' and judges' words not evidence. #Magnotta

    Shuyee Lee @sleeCJAD · 56m 56 minutes ago
    Direct and circumstantial evidence. #Magnotta

    Shuyee Lee @sleeCJAD · 56m 56 minutes ago
    Witnesses tell us what they personally saw or heard: direct evidence. #Magnotta

    Shuyee Lee @sleeCJAD · 56m 56 minutes ago
    Sometimes they say things, you are asked to draw certain inferences. #Magnotta

    Shuyee Lee @sleeCJAD · 55m 55 minutes ago
    Exhibits may also provide direct/circumstantial evidence. Can take both as part of whole evidence. #Magnotta

    Shuyee Lee @sleeCJAD · 54m 54 minutes ago
    Hearsay/knowledge.Witness may have personal knowledge of facts, what they saw, heard.As opposed to learning from another source. #Magnotta

    Shuyee Lee @sleeCJAD · 53m 53 minutes ago
    When witness testifies about out of court statement from person not witness, testimony does not prove fact about testimony.

    Shuyee Lee @sleeCJAD · 53m 53 minutes ago
    Personal knowledge of facts: Most reliable source of info, reliability can be tested and evaluated. #Magnotta

    Shuyee Lee @sleeCJAD · 52m 52 minutes ago
    Witness may be cross examined and you may observe their demeanour. #Magnotta

    Shuyee Lee @sleeCJAD · 52m 52 minutes ago
    Reliability difficult to assess if witness tells something from another source. #Magnotta

  8. #23
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    Shuyee Lee @sleeCJAD · 54m 54 minutes ago
    When witness testify with no personal knowledge but from another source, doesn't prove fact about testimony. #Magnotta

    i.e. Psychiatrists give opinion and info used not based on personal info but from another source. #Magnotta

    You heard evidence of expert witnesses, judge says. They are qualified by their training. #Magnotta

    You may give this testimony as little or as much weight it deserves. Consider experts' background, reasons for testimony,..

    What the expert relies on in terms of certain facts, to offer their opinion, may be same or different from evidence in case.

    Closer to the evidence,more helpful to you: judge. #Magnotta

    The more an expert relies on info not proven in evidence, the less weight you may put on it.#Magnotta

    Previous convictions of witnesses. Can use them to help decide how much or little of witnesses' testimony is reliable. #Magnotta

    Previous conviction doesn't necessarily make testimony unreliable or believable. #Magnotta

    Motive. We often use the word motive and intent interchangeably but in law, not the same thing. #Magnotta

    Judge: a person may do something intentionally,whether they have motive or not. #Magnotta

    What crown must prove. Motive not one of them,. What matters is what they did and if they intended to do it. #Magnotta

    Motive can also be relevant in deciding #Magnotta suffered from mental disorder to extent he was not criminally responsible.

    #Magnotta motive:to generate public interest &to seek fame?For you to decide if any u will give to motive or to lack of motive in this case.

  9. #24
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    Shuyee Lee @sleeCJAD · 49m 49 minutes ago
    Don't need motive to determine #Magnotta guilt or innocence. #Magnotta

    #Magnotta raised defence of non criminal responsibility. Can consider after-the-fact conduct.

    Previous evidence: building manager's earlier testimony given post death. Consider you did not see him testify in person.

    Evidence on video tape and video link. From France and Germany and long distance. Can consider did not see witnesses in person.

    Lunch break. Back at 1:45 pm. #Magnotta

  10. #25
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    Just saw a tweet that said once the jury is sequestered, the media will be able to report what was discussed without the jury. Should be interesting.


  11. #26
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    Quote Originally Posted by Fairy View Post
    Just saw a tweet that said once the jury is sequestered, the media will be able to report what was discussed without the jury. Should be interesting.
    I can't wait. That's usually the most informative part of the trial. All the things that the defence was able to argue out.

  12. #27
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    What the expert relies on in terms of certain facts, to offer their opinion, may be same or different from evidence in case.

    Closer to the evidence,more helpful to you: judge. #Magnotta

    The more an expert relies on info not proven in evidence, the less weight you may put on it.#Magnotta
    This goes directly to the fact that neither of the defense "experts" actually did an assessment based on the evidence in this case but rather based on LM's shaky medical history. Very little of LM's "self reporting" in those assessments was ever proven IMO.

    MOO

  13. #28
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    Shuyee Lee @sleeCJAD · 11m 11 minutes ago
    Lunch break over. Judge has returned. #Magnotta

    Legal issues first before jury comes in . #Magnotta

    Jury back. Judge continues his final instructions. #Magnotta

    Judge: The issues. 1st: Defence non criminal respons due to mental disorder. Issue for you to decide. Involved several steps. #Magnotta

    Everyone presumed not to suffer from mental disorder, presumed to be crim responsible. Exemption must be proven on probabilities. #Magnotta

    #Magnotta has raised issue of mental disorder. Burden of proof is exemption here.

    He must prove more likely than not he suffered from illness to extent he was not crim responsible. #Magnotta

    More likely or not suffering from mental disorder at time of crime, made him incapable of knowing acts were wrong? #Magnotta

    During defence closing arguments, may have had impression to disregard psych reports, that facts alone support his case. #Magnotta

    Judge says as matter of law cannot ignore their evidence. #Magnotta

    Evidence of experts, remember difference between personal knowledge and info from other sources. #Magnotta

    Repeats how much importance jury puts on such evidence up to them.More experts rely on facts not proved in evidence,less weight. #Magnotta

  14. #29
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    Quote Originally Posted by Kamille View Post
    I can't wait. That's usually the most informative part of the trial. All the things that the defence was able to argue out.
    Yes. And for those of us (me!) who are impatient, I imagine it will come out very quickly - the reporters have probably been working on these stories for awhile.

  15. #30
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    Shuyee Lee @sleeCJAD · 7m 7 minutes ago
    Defence experts relied on doctors' & other psych experts, evidence, personal observation of #Magnotta & statements made to psych by accused

    Hospital records made by someone who has personal knowledge of matter and recorded=proof of facts. #Magnotta

    Can be used as diagnosis of #Magnotta without testimony of those who wrote up those reports.

    Evidence in health records should be weighed like all evidence, how much you believe and rely on them, up to you. #Magnotta

    Evidence. Experts may rely on evidence presented. #Magnotta

    Personal observation of patient is evidence on which expert can rely to form opinion. Only Chamberland did not observe #Magnotta.

    #Magnotta statements to defence expert psychs on his mental condition before, during and after acts.

    Up to jury to weigh independent proof to corroborate statements. #Magnotta

    #Magnotta statements on acts committed May 24,25,26 is not independently proven before you.

    Up to jury to determine weight of this. Closer to facts proven, the more helpful their opinions will be. #Magnotta

    Less close to facts proven, less weight to put on those opinions. #Magnotta

    #Magnotta statements of his version of facts is factor to consider to give less weight to defence experts' opinions.

    #Magnotta right to remain silent: does not have to testify. Must not infer guilt.

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