Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
I have seen some long winded judicial findings. But he is one of the longest. on this particular day.
He doesn't have to do this though. If he has legal grounds to deny the ruling, deny it and move on. The more the judge talks, the more he gives for appeals.
I cannot recall ANY trial that I have watched that the judge goes on and on like this... anyone else?
I think the judge is trying to get his own thoughts on record, as he knows this case will be appealed. He is putting on the record his many evidentiary reasons for denying the motions filed this morning. JMO
Except this time it includes reasons why the defense arguments didn't withstand scrutiny. I think the way he dismantled the DK defense was masterful.
I think Judge Smith must have read the entire trial transcript to recall all these details.
smoke and mirrors. nothing's changed.
This court day was set for TWO HEARINGS.If it is anything like NZ (no idea!) then Maline will have submitted his motion with required documentation ahead of oral submissions.
So the Judge had a good idea of what would be said, and no doubt prepared thoroughly.
I just find it strange this did not happen at a different hearing.
BBM, They didn't have one IMO.I think you and I said this way back at the start of this trial, based on the Defence opening.
They never delivered on their expansive pleadings, and now play the victim.
Where is the case they promised?
DK? Tracey? Exculpatory cell evidence? Forensic proof of alternative accounting?
None of this ever turned up at trial.
Wow Niner. Good^^^ summary. Well done because this hearing was a complicated mess.
snipped by me...
What i do find strange, because I am always confounded by Cali procedure, is why this is delivered as an oral judgement, on the day of another critical matter for which victims travelled.
Why was this motion not set down for a different day? Then the Judge could consider the matter, and deliver a written judgement, in his own time.
This court day was set for TWO HEARINGS.
Post Judgement Motions Hearing and Sentencing (@ 8:30am PT)
But Maline weaselled in and filed 2 extra motions 15 minutes before court began. So that threw things out of whack. And then Maline kept talking about all of these details that should have just been handed over earlier in a filed motion. Instead of being looked over before court and ruled upon earlier, the judge had to take a lot of extra time with the newest motions that had been filed that day.
Didn't the judge say that Maline had submitted one or some of the motions just 15 minutes prior to the hearing?I don't find his summary that unusual given the importance of the motion. It's critical he sets out all the grounds for his decision, in case it is appealed. That's actually what we want from a Judge! This judicial summary of the overwhelming evidence against the accused is great. We never had this before!
What i do find strange, because I am always confounded by Cali procedure, is why this is delivered as an oral judgement, on the day of another critical matter for which victims travelled.
Why was this motion not set down for a different day? Then the Judge could consider the matter, and deliver a written judgement, in his own time.