| Author | Message | ||
     Ourdee |
Judge dismissed charges: https://currently.att.yahoo.com/news/jury-delibera tions-start-deadly-motorcycle-173026249.html | ||
| Whisperstealth |
Nice. Real ••••••• Nice. | ||
| Ebutch |
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| Jaimec |
We were just talking about this in my club. This was my analysis: Playing the "Devil's Advocate" here: They said the truck driver was NOT impaired, but the lead rider was over twice the legal limit. I guess they created enough "Reasonable Doubt" in order to acquit the truck driver. Likely scenario: The lead rider swerved toward the truck causing the driver to over-react and ACCIDENTALLY take out all of those riders. Remember, the prosecution has to prove his claims BEYOND A REASONABLE DOUBT. Defense just has to try and provide that reasonable doubt. As I understand it, the only eye-witnesses were the surviving motorcyclists who MIGHT be just a little prejudiced in their opinions as to what actually happened... Full disclosure: I am not a lawyer, nor do I play one in any broadcast drama... | ||
| Jaimec |
Follow up: One of our members is a retired lawyer (though his specialty was "Intellectual Property" and not criminal law). This was his response to my take: You did a good job explaining the burden of the prosecution for conviction and the job of the defense. Figuring out how and why a jury found as it did from a news account is nearly impossible. What I noted and wondered about was why the court (judge) didn’t allow certain evidence showing whether the truck driver was impaired. There could be several reasons-improper, or lack of testing, not introducing the test results correctly, flaws in the handling of the evidence and others. Another point that I would want to know more about is why the jury took only three hours to come to its decision. Those two factors are some indication that the prosecution screwed up or there were serious flaws in its case. Perhaps the jury got it exactly correct-the defendant is innocent, or the case against him for whatever reason(s) was fatally flawed. | ||
| Damnut |
The story I heard is the bikers were all shitfaced and were in the tow truck's lane. Sorry but just because they were motorcycle riders doesn't mean they were not at fault for their own demise. | ||
| Ratbuell |
Sorry but just because they were motorcycle riders doesn't mean they were not at fault for their own demise. Aw, come on...bikers NEVER get shit-ass drunk and hop on their bikes.... (one of the main reasons I ride solo) | ||
| Ourdee |
My opinion has been that when a person has had their day in court, I go by the jury's ruling. With three hours only needed (could have been less, but supper or lunch was probably served) What was laid before them had to be very cut and dried. At the last trial I was a juror on the foreman said when we were sent to deliberate, "Let us take a vote". I said, "Let us eat this Shapiro's, He ain't going anywhere". |
