BluesClues0
Former Member
- Joined
- Jan 28, 2014
- Messages
- 172
- Reaction score
- 1,048
Completely agree. Our legal system never decides on innocence. It decides on guilt. (hence the senate impeachment thingy). So, all that NP could request is that the state continue to try to prove FDs guilt. But why? He's dead and can't defend himself. Even if the state wanted to, it would be unconstitutional to have a trial for someone and not give them an opportunity to defend themselves. It he were deemed guilty, it would be thrown out on the fact that he was dead at the time of the trial. I've really never heard anything so bizzare in my life.Well, that's why some of us are suppressing laughter here. He intends, apparently, to appeal a non-conviction of a dead client.
He says he wants a court to declare Fotis Dulos innocent of the crimes for which he was charged when, of course, there is no proceeding in a court that would allow a judge to hear such a case and declare the defendant "not guilty" (much less "innocent"). NP rightfully fears that the local judge will throw such a motion or case out of court (will NP try to start a civil suit on behalf of FD? will he simply introduce a motion in the existing criminal matter?) In either case, appeals will be taken all the way to the USSC (says NP where, no doubt, it will not be heard.
It will be novel. I suppose NP thinks he'll just bring a motion (as it's very hard for him to be the civil Attorney of Record for a dead person, I do believe) and that the judge will deny it, and then he'll just keep appealing. Perhaps AC will pay for this and NP can milk someone else dry.
ETA: Apparently NP wants to continue with discovery in this case (which is surely about to be dismissed, as criminal cases are, when the defendant is deceased).
On the other hand, if NP wants to spend his money trying to find evidence that someone else killed JD, or that JD is still alive, he can go ahead and do that. Nothing stopping him. But I do wonder what it means that FD was seen throwing away cleaning supplies covered in JDs blood. Sure, someone else may have killed JD (like KM), and FD just cleaned up the mess but that too is irrelevant. All three would still be convicted of murder as a result of the conspiracy. But if NP has evidence to this, then he should give it to LE.