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Hoo Boy! You betcha there are moves to be made by all the defendants! First up will be a motion to dismiss under Rule 12(b)(6), FRCP.

There is a state grand jury that could consider this - convened by the Colorado AG. I think the state and Federal people will not be civil defendants for long. The claims against them are absolute rubbish. MOO.

She could. But that would not resolve all the obstacles created by BM's lawsuit: grand juries - though legally independent - are widely believed to act in accordance with the wishes of the prosecutor. LS's decision to file new charges would be described by BM as retaliation for the civil rights...

I do think the lawsuit has strategic benefits for BM. Everyone involved in the suit is either a witness against him or a decision maker in the event evidence is found that should lead to a new criminal filing. As a practical matter, it will make it all but impossible for LS and her senior staff...

Cal Thomas's question, twice asked and twice evaded, reveals to even the least devout Christian that Trump has not even a passing familiarity with their faith. MOO.

I would take the factual allegations in BM's civil complaint with more than a grain of salt. But I agree that the case will be worth following. I will be more than surprised if BM can prove to a jury that he is "100% innocent" as IE has proclaimed. It may not get to that. The complaint is long...

Most of the listed charges aren't legal claims. The daughters' charges aren't viable either. The legal question will be, were BM's constitutional rights violated during the investigation and criminal proceedings.

Iris Eytan, lead defense counsel for Barry Morphew, defending murder charges. Also, co-counsel in the civil case he filed against the investigators and attorneys (and the agencies who employed them) who pursued charges against him for murder.

Exactly. This is why it is so important to defend this lawsuit. If BM has his way, no one could be prosecuted because touch DNA is everywhere. Even though the mosaic of other evidence shows a compelling picture of who murdered SM. MOO.

If they took it on pure contingency they aren't as smart as they look. This could be - what? The Mother of All Battles (Um al-Mar'rik) In the legal sense. They could lose their shirts if they don't get a settlement.

Criminal cases are never taken on contingency. There is no pot of gold at the end of the rainbow, from which to collect. I have no doubt that the E&N firm made an estimate of likely fees and costs for a full throated defense, and took enough as a retainer to cover everything through the PH/bond...

BBM. All the defendants are indemnified for any conduct not deemed willful and wanton. To start, I believe all the Federal defendant will be represented by one counsel, all the state defendants (with the possible exception of Cahill) will have one counsel, and the County defendants will have...

This is the less damaging of two bad choices for the defendant. If he testified, cross examination would only convince the jury that punitive damages are warranted. The man is not capable of making a truthful statement, and that has been obvious, even to his political base, since before he was...

Judge Mix teaches at the University of Colorado and they have a detailed bio (below). IMO she is experienced and well qualified, and will be reappointed if she isn't first made a District Judge, IMO. She definitely has the chops to manage this case. Normally, magistrate judges manage discovery...

I expect BM's civil counsel will do their utmost to restrict the defense from presenting the evidence that he murdered SM to a jury. They will want the case to be about the process and its flaws as they see them. But I am certain the LE defendants will all want to ask him more questions under...

OK! I got the cart stopped!!!!!!!!:rolleyes: But please, don't misrepresent what I said. Unions provide representation when the officers are under internal investigation. I think that is clear enough in my post. Here is a link to the Act in its entirety. The pertinent section is 13-21-131...

THANK YOU! Now we can know what we're talking about. If we can stay awake long enough to read it... At the outset, I think we should note that IE is not listed as lead counsel for BM. Lead counsel is Jan Fisher-Byrialsen of Fisher and Byrialsen, which is affiliated with the appellate firm also...

Respectfully, I request that you clarify for the group whether criticism of individual prosecutors, investigators, defense attorneys, and judges is also prohibited by operation of the same principle. If such criticism is OK, please let us know specifically and explain. I think this will help...

My recollection is that the defense wanted the interviews to be played in their entirety. Do you have a link that will document and resolve this?

RSBM. I respectfully disagree. Peace officers are only on the hook personally for defense costs and other expenses if their employer acts against them. Otherwise, it is the employer (and its state insurer) who bears these costs. In most cases, unions will pick up the cost of defending an...