O/T - a must read - US inmate's golf drawings lead to freedom
Unless you've know what all the forensics / reports etc, will say I'm not sure you can say that; It could create doubt.
True but I can have a opinion based on what we know now which is already damaging to the defendant.
But you are also correct much will be learned as the ongoing investigation proceeds. The investigation is only in its beginning stage at the time of arrest. I do believe once the investigation is completed the evidence will be overwhelming when presented at trial and yes that is only my opinion.
Imo
Thanks OBE. I have been quiet as of late on this thread. Reading tho. Good to see you. As always.
What % of the information known to LE do you think we have? For example do we have 75%?
OT
I was off the grid myself for many months. First time that has happened since I became member in January 2004.
My hubby finally retired after 51 years of service. So I spent all of those months enjoying him being home. with me everyday.
But he is not an idle man and has opened his own business now and is back to being as busy as ever. Lol
I think this trial might be the exact opposite of a slam dunk. So many opportunities for “reasonable doubt.”
What % of the information known to LE do you think we have? For example do we have 75%?
It’s not a level playing field, the prosecution has an uphill battle. What he has confessed requires one to assume what probably happened, there may or may not be evidence to support those assumptions, and the defense is going to spend a lot of money and effort collecting evidence and building a case that will contradict those assumptions. The rules for Discovery dictate that the defense will know everything that is going to be used against them and they’ll have plenty of opportunity to refute it.
Don’t get me wrong, I do think he’s probably guilty - but that’s not the legal standard. This is not a slam dunk and I’m sure the prosecution already knows this.
The bare bone facts like we normally do in other cases similar to this one.
But it is not what we know that matters. This is just a crime blog where we exchange opinions based on what facts we do know at the time.
We will not know many of the facts in evidence LE.. has gathered to date and beyond. They never divulge their best evidence until the presiding judge gives them a firm date for all discovery to be turned over to the defense when it gets closer to trial. Even then we will not learn what all they have amassed against the defendant until his trial. That is one of the reasons trials are so interesting to me. We always learn new evidence and at times it can be shocking when finally learned.
Oh let me ask you this please. I know he has been arraigned...correct? Will he have a preliminary hearing? If so we usually learn facts we didn't know because they are like mini trials. If he waives it I think the prosecutor will continue to hold his evidence close to their chest.
I find PHs..almost as interesting as the trial itself. When Scott Dylexi..murdered Pam Vitale the PH lasted 3 weeks.
Imo
The bare bone facts like we normally do in other cases similar to this one.
But it is not what we know that matters. This is just a crime blog where we exchange opinions based on what facts we do know at the time.
We will not know many of the facts in evidence LE.. has gathered to date and beyond. They never divulge their best evidence until the presiding judge gives them a firm date for all discovery to be turned over to the defense when it gets closer to trial. Even then we will not learn what all they have amassed against the defendant until his trial. That is one of the reasons trials are so interesting to me. We always learn new evidence and at times it can be shocking when finally learned.
Oh let me ask you this please. I know he has been arraigned...correct? Will he have a preliminary hearing? If so we usually learn facts we didn't know because they are like mini trials. If he waives it I think the prosecutor will continue to hold his evidence close to their chest.
I find PHs..almost as interesting as the trial itself. When Scott Dylexi..murdered Pam Vitale the PH lasted 3 weeks.
Imo
I think bits and pieces might 'leak' in the next 7 months or so; the prosecution will have to show they have enough evidence and a 'iron clad' case to go to Trial.
The purpose of a Preliminary Hearing is to determine if there’s enough evidence for a trial. As the defence already waived it, that stage has passed.
My understanding (which is amateur) is that the defense doesn't have to prove CR is a good or intelligent person, they only have to reason a little bit of doubt into the events of one night. If he insists he didn't intend to hurt her, and doesn't remember the murder itself, then it isn't whether or not he is a saint, it's whether or not a person can be convicted of Murder One when there is no confession, and no witnesses or forensics pinpointing that the murder was done by a wilful party.
If he claims she was alive with no sharp force trauma injuries when he put her in his trunk, then "blocked" his "memories" until the intersection prior to the cornfield, where he found her dead in his trunk, and forensics can't prove otherwise (or can prove it happened somewhere other than 385th or the cornfield), couldn't the defense come up with arguments to offer reasonable doubt to first degree murder?
Yeah, he's an *advertiser censored**hole for approaching her and putting her in his trunk (likely injured), and he's a for hiding her body in a cornfield, but if the leather glove doesn't fit...
Imoo..I think the defense will be the one who will have an up hill battle.
Jmoo
I think bits and pieces might 'leak' in the next 7 months or so; the prosecution will have to show they have enough evidence and a 'iron clad' case to go to Trial.
You’re exactly right. Defendant does not have a burden of proof.My understanding (which is amateur) is that the defense doesn't have to prove CR is a good or intelligent person, they only have to reason a little bit of doubt into the events of one night. If he insists he didn't intend to hurt her, and doesn't remember the murder itself, then it isn't whether or not he is a saint, it's whether or not a person can be convicted of Murder One when there is no confession, and no witnesses or forensics pinpointing that the murder was done by a wilful party.
If he claims she was alive with no sharp force trauma injuries when he put her in his trunk, then "blocked" his "memories" until the intersection prior to the cornfield, where he found her dead in his trunk, and forensics can't prove otherwise (or can prove it happened somewhere other than 385th or the cornfield), couldn't the defense come up with arguments to offer reasonable doubt to first degree murder?
Yeah, he's an *advertiser censored**hole for approaching her and putting her in his trunk (likely injured), and he's a for hiding her body in a cornfield, but if the leather glove doesn't fit...
Yes, the defense will have to pull a rabbit out of their hats to convince the good citizens of Powesheik county that CR is innocent. Like an accomplice. Or CR was set up.
You’re exactly right. Defendant does not have a burden of proof.