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PaperclipPerfector  9mo ago (text post)   31395 thread views

Culture War Roundup for the week of July 24, 2023

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that footage was admitted into evidence, but not shown to the jury

According to the notes referred to and linked to n the article, the relevant parts were apparently indeed shown to the jury:

-video is body cam seventeen minutes long, unedited go pro. Portion shown to jury is only about four minutes long -Plaintiff has seen the PF promo video, ten minutes version. -Judge rules it to be entered as an exhibit but denied letting the jury view it during trial

so, just an edited portion is shown to the jury. Doesn't pass the smell test for me, but it doesn't surprise me anymore.

Right. Because that is how it works: Relevant parts are admitted, and not the irrelevant parts. Also excluded: Portions that are relevant but highly prejudicial. Given who these guys are, it is very, very likely that portions were excluded at the behest of the defense, because they included the defendants using epithets and the like.

Tell me, have the defendants or their attorneys complained that they were not permitted to introduce exculpatory evidence?

Given who these guys are, it is very, very likely that portions were excluded at the behest of the defense, because they included the defendants using epithets and the like.

Objection!, your honor the plaintiff is assuming things not in evidence.

Tell me, have the defendants or their attorneys complained that they were not permitted to introduce exculpatory evidence?

Publicly not that I have seen, privately between the parties involved is another matter.

Objection!, your honor the plaintiff is assuming things not in evidence.

It's a video of a bunch of neo-Nazi types talking amongst themselves while on the way to protest a Pride event. I am going to stand by my belief that there is very likely (not definitely; very likely) at least some stuff on there that the defense does not want the jury to hear.

Publicly not that I have seen, privately between the parties involved is another matter

It sounds like now you are the one assuming facts not in evidence.

It sounds like now you are the one assuming facts not in evidence.

Well yes, if you can do it so can I too. My rules enforced > your rules enforced fairly > your rules enforced unfairly.

Come on, dude, I actually have some evidence to support my inference. Moreover, I am saying that it is likely, not that it definitely happened. You, on the other hand, are just guessing.

And are you honestly telling me that you don't think it is likely that, at some point on the tape, at least one of these guys said something that a defense attorney would not want a jury to hear, because it makes them look bad? There is a reason that Idaho, like every other state, has an evidence code provision whereby evidence that is unduly prejudicial can be excluded. These guys are neo-Nazis, after all. They presumably often say neo-Nazi stuff that will make them look bad in front of a jury. Just as gang members do when they talk among themselves say things that they would prejudice them in front of a jury. And mafia members. Etc, etc. I have personally written motions to redact such recordings.

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