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JohnSJ

(92,433 posts)
1. How would that happen? Doesn't the judge have to declare the mistrial, and from what I am
Wed Nov 10, 2021, 02:11 PM
Nov 2021

reading this judge isn’t going to call a mistrial because of his bias




 

Alexander Of Assyria

(7,839 posts)
5. A judge doesn't call a mistrial because of his own self created bias.
Wed Nov 10, 2021, 02:17 PM
Nov 2021

I don’t see any and what so more the focus should be on fact an accused is being forced to testify…in his own murder trial…cause the prosecutors presented a case strong enough to force the issue.

Testifying in any trial by an accused is either an act of supreme confidence or one of supreme stupidity, there is no in between,

I tend to think that if the defence has confidence the jury would aquit they would not have called him to face cross examination.

Amishman

(5,559 posts)
9. The prosecutor's attempt to introduce prohibited material today alone could be a mistrial
Wed Nov 10, 2021, 02:40 PM
Nov 2021

The judge is biased, but the prosecutor is living dangerously. 200mph on ice with no seatbelt type dangerously.

My thought is that the judge know the political weight on this and isn't willing to declare a mistrial and is trying to shout down the questionable behavior instead. At the same time, the prosecution knows the judge is biased but also reluctant to declare a mistrial, and are pushing and bending the rules for everything they can get.

MichMan

(11,988 posts)
3. I think the OP is suggesting the prosecution is trying to bait the judge into declaring a mistrial
Wed Nov 10, 2021, 02:15 PM
Nov 2021

Because the case does not seem to be going their way so far and they would like a do over with a different judge.

 

SheCat

(34 posts)
7. I see, I misunderstood
Wed Nov 10, 2021, 02:25 PM
Nov 2021

Yes, the prosecutor could be trying to do that. I have seen that before from both sides, but I still believe he made that move because the defense opened the door. The judge just a horrible bigot that overreacted because he knows the defense opened the door. Just a corrupt judge doing the bidding of poor boys and 3 inchers.

 

SheCat

(34 posts)
4. Unlikely
Wed Nov 10, 2021, 02:17 PM
Nov 2021

Prosecutors hate losing more than anything. They really only care about winning and protecting corrupt cops. Justice has nothing to do with their calculations. Also, the way the judge just attacked the prosecutor, I would say no way he brought this case to lose. This is not Sleepers the movie. Brad Pitt is not the prosecutor.

rsdsharp

(9,208 posts)
8. People seem to be missing the fact that the judge reamed defense counsel yesterday.
Wed Nov 10, 2021, 02:37 PM
Nov 2021

Today he was pissed at the prosecution for bringing up the fact that the Defendant remained silent (his Constitution right) which is a gross violation of settled law by the prosecution, and also attempted to go into areas the judge had previously held were off limits in pre trial rulings.

uponit7771

(90,367 posts)
10. The judge extended "remain silent" to shit Rittenhouse said publicly in regards to shooting ...
Wed Nov 10, 2021, 02:43 PM
Nov 2021

... dominque black when he was mad at him.

I don't know how in the world that's not brought into the trial.

rsdsharp

(9,208 posts)
11. Two different issues. The right to remain silent is a Fifth Amendment right.
Wed Nov 10, 2021, 02:54 PM
Nov 2021

Commenting on it by the prosecution is a violation of his rights. That is well settled.

Bringing up similar incidents is often, even usually, barred by the Court as unduly prejudicial under the rules of evidence. The Federal Rule is 403: “The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.”

I’m sure Wisconsin has a similar rule. In any event, bringing up matters the judge has previously ruled were inadmissible will piss any off judge.

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