Is the flow of information in this case going to prevent a fair trial?

[Calliope]

If it's TH's trial, I believe there is a chance she can get a fair trial. IMO, one concern would be if another person other than TH is found to have done it. A lot of the statements made in public regarding TH could then become very problematic for the prosecution, as that perps lawyer would almost certainly use it to raise reasonable doubt.

Which is why I posted a while back that LE isn't going to change their course. Not at this stage. She's going to be charged and most likely convicted. Unless someone steps up and confesses, she's toast, guilty or not.

 

[LaLaw2000]

I read that as "Plaid Panties."

Wondered if it was some kind of roller derby team. :doh:

:floorlaugh:

Thank you for a wonderful, spontaneous belly laugh, pufnstuf! I needed that!

 

[Billylee]

It will be fair wherever it is held. I do wish though that DS's attorney hadn't made the comment he made about TH probably being arrested. What on earth was that man thinking when he said that? Hey, maybe they'll move it down to Roseburg where TH grew up, Douglas County, and I'll get to be on the jury!

Oh, my what a task that would be!!

 

[daisy.faithfull]

If it's TH's trial, I believe there is a chance she can get a fair trial. IMO, one concern would be if another person other than TH is found to have done it. A lot of the statements made in public regarding TH could then become very problematic for the prosecution, as that perps lawyer would almost certainly use it to raise reasonable doubt.

I've thought about that as well, and it scares me.

Anyway, my boyfriend goes to another room when he hears NG's voice, but he's still asked if TH has been arrested yet.

When it comes to the public at large, I don't think that they pay enough attention to be able to discern the good from the bad media. Facts don't reach them, but the 'gist' of the situation does and I think that the gist is this a case about a young boy who's step mother is responsible for his abduction.

I voted that the case should be taken outside the county.

 

[ami]

Which is why I posted a while back that LE isn't going to change their course. Not at this stage. She's going to be charged and most likely convicted. Unless someone steps up and confesses, she's toast, guilty or not.

Which would suggest that the police are dishonest and the men and women of a future jury would be incapable of being fair and just. ???

 

[ami]

If it's TH's trial, I believe there is a chance she can get a fair trial. IMO, one concern would be if another person other than TH is found to have done it. A lot of the statements made in public regarding TH could then become very problematic for the prosecution, as that perps lawyer would almost certainly use it to raise reasonable doubt.

...statements made by Kaine, Desiree and Tony will be problematic for the prosecution? If someone else other than Terri was suspected of guilt, why wouldn't the prosecution say the statements made by the grieving parents were based on incomplete information at an early stage of the investigation and that (as we've been told) the parents simply didn't have access to all the evidence at that stage?

 

[Leila]

http://www.kmtr.com/news/local/stor...rman-case/oHeizpTwMUiqOdWzQoNG6A.cspx?rss=191

Oregon's ethics rules for lawyers prohibit prosecutors from making statements about an investigation if they're likely to be disseminated widely and be prejudicial, meaning they would make it harder for the accused to get a fair trial, Lininger said. But Oregon's ethics rules don't clearly regulate the indirect disclosure of information to the public, via the victim's family, he said. <snipped>

I voted "no, high profile cases are treated justly"

We've seen a lot of high profile cases in the past 20 years, and in most of them, I think there's been much more information released to the public than in this case.

When you look at cases such as Casey Anthony, Scott Peterson, Drew Peterson, Darren Mack, and other high profile cases, we knew much more on each person involved in the case than we know of the people involved in this case.

The only recent case I can think of in which there was very little information released to the public until after the trial, was the Melissa Huckaby (murdered 8-year-old Sandra Cantu) case. A lot of material that was deemed incriminating was withheld pending trial.

 

[eyes4crime]

Gosh, if you consider questionnaires with a picture of Terri, her truck, Kyron, and the school that LE mailed out and put on the internet - yes I would say that would affect her Constitutional right of having an impartial jury. I'm concerned Houze will use that to get the trial dismissed. moo
+

Looks to me like LE used Kaine and Desiree to paint a public image of Terri by way of a character assassination, I think Houze will pounce on that also. moo

I'm concerned that if Terri is guilty, she could walk by Houze convincing a judge the case should be dismissed. There would never be justice for Kyron.

 

[Leila]

I read that as "Plaid Panties."

Wondered if it was some kind of roller derby team. :doh:

I read it as "plaid panties" too and only when Kimster posted a pic of a store, noted it was "pantries."

But in keeping with this topic..............in some high profile cases, we know just about everything except what size panties the defendant wears!

 

[emmcee]

I voted 'no' b/c I think most of what we've been discussing all summer is speculation, and when the 'real facts' are presented, I think any honest juror will be able to understand what happened.

The situation in court will become how the prosecutor and defense attorney presents those facts. Does one attorney present his/her side of the case more clearly? Also is each juror "honest without a bias".

I was on a jury once where both of the attorneys were total nitwits, but all of us in the jury room were bright enough to see through all the BS and were unanimous in our conclusion. I think the judge was pleased with us.

I also agree with many here who say that there are plenty of people who haven't paid one bit of attention to this case and we hope they find themselves in the jury pool.

 

[miabellamoure]

Now if LE would please let loose with a little bit of that flow...I'd be so grateful!

My vote: No, high profile cases are treated justly.

 

[eyes4crime]

Which is why I posted a while back that LE isn't going to change their course. Not at this stage. She's going to be charged and most likely convicted. Unless someone steps up and confesses, she's toast, guilty or not.

I sure hope not Calliope! Two cases here in Illinois have been dismissed for failure to prove probable cause. Both defendants were eventually found innocent due to DNA evidence.

Evidence in the Kevin Fox case for probable cause:
demeanor
last person to be seen alive with child
failed polygraph
car like Kevin's was seen on video at gas station in early am hours

The 14 hour interrogation that culminated in a false confession, was not even part of the reason for dismissal. moo

LE detectives, polygrapher, and a few others were charged with framing Kevin. The DA running for reelection was dropped from the case and lost his election to the present DA who is now in court with Drew Peterson. moo mho

For everyone's sake I hope LE has probable cause for arrest. Otherwise it will be a mess with many lives ruined and very expensive for taxpayers. moo

 

[Calliope]

I sure hope not Calliope! Two cases here in Illinois have been dismissed for failure to prove probable cause. Both defendants were eventually found innocent due to DNA evidence.

Evidence in the Kevin Fox case for probable cause:
demeanor
last person to be seen alive with child
failed polygraph
car like Kevin's was seen on video at gas station in early am hours

The 14 hour interrogation that culminated in a false confession, was not even part of the reason for dismissal. moo

LE detectives, polygrapher, and a few others were charged with framing Kevin. The DA running for reelection was dropped from the case and lost his election to the present DA who is now in court with Drew Peterson. moo mho

For everyone's sake I hope LE has probable cause for arrest. Otherwise it will be a mess with many lives ruined and very expensive for taxpayers. moo

I love the forensic and 'cold case' shows on TV (what can I say? lol)

Something I've noticed in some of those cases is LE focused in the wrong direction, and it takes fresh eyes looking at the case from the beginning, without bias, to find out that the original investigation suffered from tunnel vision and that important clues and tips were overlooked or dismissed outright. I feel this may be happening here.

I also think it stopped being about Kyron some time ago

I hope this is making sense; I broke down and finally took a pain pill and my fingers don't seem to want to type what my mind is thinking =\

 

[debs]

I love the forensic and 'cold case' shows on TV (what can I say? lol)

Something I've noticed in some of those cases is LE focused in the wrong direction, and it takes fresh eyes looking at the case from the beginning, without bias, to find out that the original investigation suffered from tunnel vision and that important clues and tips were overlooked or dismissed outright. I feel this may be happening here.

I also think it stopped being about Kyron some time ago

I hope this is making sense; I broke down and finally took a pain pill and my fingers don't seem to want to type what my mind is thinking =\

my fingers always type what I'm thinking, but I can no longer read the letters on the delete key for having to erase it all

 

[SleuthyGal]

Is the flow of information in this case going to prevent a fair trial?

What flow of information?

So far we've gotten 2nd, 3rd, and 4th hand reports, lots of opinion pieces, tons and tons and tons of rumors and speculation. But actual facts? Precious little of that, which seems fairly typical when I compare the Kyron case to just about every other case.

Why would this case be different than any other criminal case involving a missing child?

 

[TxLady2]

What flow of information?

So far we've gotten 2nd, 3rd, and 4th hand reports, lots of opinion pieces, tons and tons and tons of rumors and speculation. But actual facts? Precious little of that, which seems fairly typical when I compare the Kyron case to just about every other case.

Why would this case be different than any other criminal case involving a missing child?

It's those "tons and tons and tons of rumors and speculations" that hurt a case, though. All these stories that have come out about Terri will certainly influence a jury pool... it always does. By the time this case goes to trial, if it ever does... she will have been painted in such a bad light that the jurors will no doubt have their minds made up by the time the opening statements are given by the lawyers. A lot of people already made their minds up a long time ago anyway.

 

[cluciano63]

It always surprises me how few people actually follow the news and read the papers. And we've read here on this board that plenty of Oregonians are not obsessed with this case, as we might expect. It's quite possible that jurors could honestly say that they know nothing more than that the stepmother was the main suspect from the start, which is kind of like husbands or wives always being the main suspect, but they are not always convicted. The evidence still needs to be there. I think most juries are fair. But I do think this case would do better to be moved to another county, to avoid additional items for appeals, if Terri eventually goes on trial, which may never happen.

 

[sofia76]

Plenty of people don't have a clue about this. Just like I don't have a clue who won the last few Superbowls, or NBA Championships or World Series or World Cups (Germany?). And those things all got a lot more press than this. I only JUST found out who Justin Bieber, and apparently he's on TV every day. So ... yes, I think it's totally possible to find jurors who have not been following this. I polled my parents, my in-laws, and two siblings who live in the Portland area, and none of them had heard of Kyron. The only reason my husband knows his name is because I've been talking about him.

 

[BlOnDe_GuRrL]

I voted: Other

I don't think there ever will be a trial. Not for Terri anyway...