I think with jurors, it is impossible for them to not let their own emotions have a bearing on the outcome. I think that the judge-only trial will be much more beneficial to DM than a jury trial would have been. The public, imho, is sick and tired of criminals being treated so leniently in the courts, and many people may be happy to help a criminal be put away... the jurors never have to, and in fact are never allowed to, disclose what got them to their verdict. A judge has higher expectations, must be professional, base his/her judgement on ONLY the evidence that is allowed, even if they have seen disallowed evidence, etc.
I was wondering what happens when...... say that Steam avator that DM posted in early November was taken into evidence two years ago.. what would the process have been to get that disallowed as evidence? Would it have been discussed at a pretrial motion? And if so, would that pretrial hearing be with the same judge that would be at trial? If not, then would bringing this photo into disclosure so late in the game, and the judge therefore seeing it, even though she is a pro.. would it be grounds for an appeal in the event the judge comes back with a guilty verdict?
All jmo and random inquisitiveness.
