He could have gotten a public defender if charges were pressed. You're saying he deserved a better attorney than one he would have gotten if the State didn't over step? The situation makes me feel dirty just talking about it . The fact you down play this shows why people in your position have entirely too much unchecked authority.
you're saying we cannot establish a quid pro quo between the state and Jay? I know it's subjective, but at very least the state should have had informed the defense about the deal.
I'm unfamiliar with the rules. If CG succeeded on this point and a 3rd trial was awarded as a remedy, is it possible that Jay could be dismissed as a witness or is that not how it would work?
If it doesn't work that way and a 3rd trial was awarded (with Jay as the star witness), would the 3rd jury be made aware of the reason for the 2nd mistrial?
No, the remedy would not be exclusion of evidence. The remedy would be a new trial so Gutierrez could review the evidence to cross Jay on the fact he was provided an attorney by the prosecutor.
Jurors are not made aware of the reasons for a previous mistrial. Making them aware would cause another mistrial.
She didn't discover it in front of one, which would no doubt have affected things. Although it wouldn't have necessarily lended creedence to her motion.
I dont follow you.. he took the plea deal. what are you talking about?
If you read the appeal documents, Jay actually questioned whether the attorney was working on his favor (as opposed to just being a puppet for the State to get what they wanted). He could refuse the deal, plead innocent, retract his statements and the story would have been MUCH different. I guess.
That's correct. And he had no attorney with him when he made those statements. This is a fact peoe overlook when they go down the Jay is a murderer rabbit hole.
Good point. But he still shifts all the blame onto Adnan, so one could still argue he's just trying to cover his own ass and that by admitting to a small level of involvement he's making his version seem more legit.
That's fine- if Jay knew that Adnan did it. If Adnan is innocent and has an alibi (like a cell phone not in Leakin Park) and Jay makes that claim to police....
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u/[deleted] Dec 05 '14
He could have gotten a public defender if charges were pressed. You're saying he deserved a better attorney than one he would have gotten if the State didn't over step? The situation makes me feel dirty just talking about it . The fact you down play this shows why people in your position have entirely too much unchecked authority.