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  1. #46
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    I think the defense is trying to find ways to keep him from the death penalty. Temporary Insanity comes to mind, as this is so misused for defendents. JMO
    Debbie

    To catch a criminal, you must think like one. (Professor Hamre)


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  3. #47
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    I kind of don't really like to bring this up but... my brother was charged with 2nd degree murder in late 2008.. He's been in county jail awaiting trial ever since and it is also being pushed back again and again. (I'm starting to see how these things get pushed back over and over)

    In my brothers case and probably in this case it is the defense that is holding it up. Also, I'll add that my brothers case has a thread on this site... which is just eerie to me.


  4. #48
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    Quote Originally Posted by Benny08 View Post
    In my brothers case and probably in this case it is the defense that is holding it up.
    Do you mind if I ask why the defense holds up cases? Wouldn't they want their client to get OUT of jail? I guess I'm just having trouble understand why the defense, of all people, would want their client to sit, wasting away in jail. If I ever needed to be defended, I wouldn't stand for that. I'd want out!


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  6. #49
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    Here's another case from New York where the trial has been delayed for five years:

    http://www.nydailynews.com/ny_local/..._case_yet.html

    I wonder if the defendant in this case is convicted eventually, whether he could appeal it on grounds his constitutional right to a speedy trial was violated!

    The state of the criminal justice system right now is just pathetic!


  7. #50
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    Quote Originally Posted by JoeFromLB View Post
    I wonder if the defendant in this case is convicted eventually, whether he could appeal it on grounds his constitutional right to a speedy trial was violated!

    The state of the criminal justice system right now is just pathetic!
    That's my concern.


  8. #51
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    Quote Originally Posted by Lyn1001 View Post
    Do you mind if I ask why the defense holds up cases? Wouldn't they want their client to get OUT of jail? I guess I'm just having trouble understand why the defense, of all people, would want their client to sit, wasting away in jail. If I ever needed to be defended, I wouldn't stand for that. I'd want out!
    Well my Brother looked/looks very guilty so if he went to trial right away he'd get convicted right away, no doubt. But basically his attorney kept claiming he needs more time.. and with that time he has found some things that do help my brother. Matter of fact he may end up getting Manslaughter 1 instead of 2nd degree murder.


  9. #52
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    Quote Originally Posted by Benny08 View Post
    Well my Brother looked/looks very guilty so if he went to trial right away he'd get convicted right away, no doubt. But basically his attorney kept claiming he needs more time.. and with that time he has found some things that do help my brother. Matter of fact he may end up getting Manslaughter 1 instead of 2nd degree murder.
    When you write "my brother," do you mean my brother like, "this guy I've been posting about"? Or do you mean he's actually your brother?


  10. #53
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    Quote Originally Posted by STEADFAST View Post
    When you write "my brother," do you mean my brother like, "this guy I've been posting about"? Or do you mean he's actually your brother?
    I'm talking about my actual brother the last few posts.. not the guy this thread is initially about. Branden Menard.

    My brother does have a thread about his case on this board though.. but I have never posted in it.


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  12. #54
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    Quote Originally Posted by Benny08 View Post
    I'm talking about my actual brother the last few posts.. not the guy this thread is initially about. Branden Menard.

    My brother does have a thread about his case on this board though.. but I have never posted in it.
    I really thought I'd read every post, but I missed the one where you said that guy was your brother.
    Thanks for getting me up to speed.


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  14. #55
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    Quote Originally Posted by Benny08 View Post
    Well my Brother looked/looks very guilty so if he went to trial right away he'd get convicted right away, no doubt. But basically his attorney kept claiming he needs more time.. and with that time he has found some things that do help my brother. Matter of fact he may end up getting Manslaughter 1 instead of 2nd degree murder.
    That makes a lot of sense, thank you for sharing. It gives me a better understanding about why cases take so long sometimes.


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  16. #56
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    endless delays

    No surprise, another postponement!

    http://app4.lasd.org/iic/details.cfm

    Search: Menard, Brandon

    Next Court Code: NVE Next Court Date: 01/26/2010 Next Court Time: 0800 Next Court Case: PA05639401

    Court Name: NO. VALLEY SUPERIOR CT DEPT E
    Court Address: 900 THIRD STREET Court City: SAN FERNANDOUPT

    Three years and four months since his arrest, and still no trial.


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  18. #57
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    This is almost laughable now. Nearly two month shy of 4 years and he's still in Jail.. not Prison.. Jail.

    Next Court Code: NVE Next Court Date: 07/09/2010 Next Court Time: 0800 Next Court Case: PA05639401

    Court Name: NO. VALLEY SUPERIOR CT DEPT E
    Court Address: 900 THIRD STREET Court City: SAN FERNANDOUPT


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  20. #58
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    The longer the time between the crime and the trial, the more likely for evidence to be lost. It puts the defense in a much better position.
    The wheels of justice turn very slowly... or not at all.


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  22. #59
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    all the delays will have no effect on the verdict imo, the trial will be all about not getting the DP, this case has stayed with me from the first day I read about it, I think why this is so is because he chased his sister and shot her as she tried to get away, whatever issues he had with his parents were nothing to do with his sister, but he still killed her,


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  24. #60
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    I have no idea why this has taken so long to go to trial. There has been no news anywhere that I can find to explain the long delays. Four years is just absurd!


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