To Be A Coward
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Yeah it is looking like they made this shit up on the fly, and it has no precedent in legal procedure. This shit will never stand on appeal, and I will welcome a SCOTUS escalation.
wrote on 7 Dec 2024, 02:37 last edited by@Horace said in To Be A Coward:
Yeah it is looking like they made this shit up on the fly, and it has no precedent in legal procedure. This shit will never stand on appeal, and I will welcome a SCOTUS escalation.
In the case of Alec Baldwin, there was evidence of prosecutorial misconduct - a Brady violation (the prosecution withheld potentially exculpatory evidence from the defense). The case was dismissed because of this because "jeopardy had attached." That means that a jury had already been empaneled, and proceedings had started/
In Penny's case, one could make a similar argument. Jeopardy has attached (both state and defense have made their cases before a jury) and "it is what it is."
Tons of appellate fodder here.
The question is: Does Penny have the financial resources to pursue an appeal, should it occur?
Remember, the punishment is not always the verdict and the sentence. Sometimes, it's the process.
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@Horace said in To Be A Coward:
Yeah it is looking like they made this shit up on the fly, and it has no precedent in legal procedure. This shit will never stand on appeal, and I will welcome a SCOTUS escalation.
In the case of Alec Baldwin, there was evidence of prosecutorial misconduct - a Brady violation (the prosecution withheld potentially exculpatory evidence from the defense). The case was dismissed because of this because "jeopardy had attached." That means that a jury had already been empaneled, and proceedings had started/
In Penny's case, one could make a similar argument. Jeopardy has attached (both state and defense have made their cases before a jury) and "it is what it is."
Tons of appellate fodder here.
The question is: Does Penny have the financial resources to pursue an appeal, should it occur?
Remember, the punishment is not always the verdict and the sentence. Sometimes, it's the process.
wrote on 7 Dec 2024, 02:55 last edited by@George-K said in To Be A Coward:
The question is: Does Penny have the financial resources to pursue an appeal, should it occur?
You mean, can he afford to appeal, if he's convicted? Yes, I'm confident that money won't be a deciding factor for that.
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wrote on 7 Dec 2024, 22:22 last edited by
Riffing of the jury instructions comment, appellate defense attorney Andrea Burkhardt posted a thread on X. It's long, but an interesting (to me) read about how things really work.
Threadreader link:
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wrote on 7 Dec 2024, 23:27 last edited by
Thanks for posting that, George. I guess instructions are agreed upon by both parties? But the judge must also have authority to dictate, since agreements won't always be reached. The instructions present quite a maze to get to a deliberation of the second count. Unanimous agreement of not guilty on count 1, and unanimous agreement on specific reasons for that verdict. I'll be curious to know how non-standard those instructions are. Or maybe the mutually exclusive charges themselves are so non-standard, that any instruction will also have to be non-standard.
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wrote on 8 Dec 2024, 01:06 last edited by
Someone on X posted the DA commenting on a perp who attacked and killed an elderly Asian man. The perp was black.
DA decided to go for a lighter sentence because of "restorative justice" (whatever the fuck that is).
I'm preaching to the choir here, but if Penny had been black and Neely white...would there be a prosecution.
I just learned that Penny, after an interview with police, was let go and not charged for almost two weeks. WHat's the over/under that Bragg put his thumb on the scale?
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wrote on 8 Dec 2024, 02:01 last edited by
I posted that video of the prosecutor upthread. She is so completely on the nose for woke white high status professional females gone nuts.
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wrote on 9 Dec 2024, 16:44 last edited by
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wrote on 9 Dec 2024, 16:46 last edited by
Sweet.
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wrote on 9 Dec 2024, 16:51 last edited by
Awesome. But it means that one or more jurors were unbudgeable from guilty on the more severe charge, then voted innocent on the more lax charge.
I guess it is a hint that there were few such people on the jury, maybe only one, who wanted guilty on count 1.
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wrote on 9 Dec 2024, 16:59 last edited by
Or depending on what "hung jury" actually means for count 1, they may have all agreed on not guilty there, but disagreed about the specific reasoning, and whether they were therefore allowed to consider count 2.
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wrote on 9 Dec 2024, 17:10 last edited by
Im happy for Penny but nevertheless the damage has been done. The next subway hero will know that what Penny went through wasn’t worth it.
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wrote on 9 Dec 2024, 17:19 last edited by
Right, getting involved in shit is a thing of the past. You should defend yourself, but it is unwise to defend anybody else, if the combination of skin colors is of the volatile variety. Just another hidden cost of the virtue warriors and their fellow traveler DAs.
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wrote on 9 Dec 2024, 17:23 last edited by
Can NYC get rid of Bragg?
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wrote on 9 Dec 2024, 21:52 last edited by
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wrote on 9 Dec 2024, 22:01 last edited by
I would not like to see that sort of escalation of the politicization of this. I also suspect Penny would refuse the medal.
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wrote on 9 Dec 2024, 22:06 last edited by
@Jolly said in To Be A Coward:
Can NYC get rid of Bragg?
At the next election. His predecessor (Vance) had that job for 12 years. His predecessor (Morgenthau) had it for 34 years.
Vance is the son of the former Secretary of State.
Morgenthau was the son of the former Secretary of Treasury. -
wrote on 9 Dec 2024, 22:33 last edited by
@Jolly said in To Be A Coward:
Congressional medal?
Nah, President-Elect Trump will appoint him to the cabinet.
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wrote on 9 Dec 2024, 22:59 last edited by
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wrote on 10 Dec 2024, 02:05 last edited by
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wrote on 10 Dec 2024, 02:15 last edited by
Gosh you mean people on the internet don’t know what they’re talking about?