Re:More people are getting away with murder. Unsolved killin...
by kasey_junk on Monday May 01, 2023 @09:00AM
(#35772180)
Your last paragraph was my point. The incompetence of the investigation left a chance at trial even though there was a taped confession.
If the investigation had been just workmanlike or followed basic protocols I cant imagine any defense attorney would have wanted to take it to trial. Though perhaps they still didn’t want that but their client demanded it. I of course couldn’t know that.
Re:More people are getting away with murder. Unsolved killin...
by gamblor956 on Monday May 01, 2023 @01:25PM
(#35776129)
In your original post you straight up accused everyone of being incompetent when the most likely situation was that the Defendant simply wanted to have his day in court because he knew he'd be going to prison anyway and just wanted to mess around and see what would happen.
It's very likely that the prosecution and defense had a plea deal that fell through at the last minute when the Defendant unilaterally decided to go to trial, necessitating a trial that neither side had prepared for. It's basically what's been happening with Twitter for the past several months, and we don't all assume that the staff at Twitter is incompetent.
Don't assume incompetence about something you know nothing about.
Defendants are constitutionally entitled to a jury trial. Even if they were caught on 4k video, with their face fully identifiable, their fingerprints all over the blood scene, and they walk straight into a police station afterwards to confess.
A defense lawyer with a client who confessed on video has an extremely difficult job; they must try to present a credible case while also not suborning perjury or violating ethical rules. Very frequently, they're not going to have a "logical" case; they're simply trying to poke whatever holes they can in the prosecution's case...because the Defense is not constitutionally required to prove anything (unless they're attempting to prove an affirmative defense, and if they were you'd know because the judge would explicitly tell you).
On the other hand, if the prosecutor and the police and the forensics guys were all as incompetent as you claim, the defense might have gone to trial despite the taped confession because there was a chance they could prevail with a jury if the prosecution messed up presenting the case. I won most of my jury trials because the prosecution messed up.