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Convict's mother gets dirt on juror - 12/6/2008 12:04:56 PM   
came4U


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http://cnews.canoe.ca/CNEWS/WeirdNews/2008/12/04/7638756-ap.html

If more people did this..is it fair? is it right? is it legal?

I think I would have done the same.

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RE: Convict's mother gets dirt on juror - 12/6/2008 2:36:17 PM   
Raechard


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Sounds like a case for a retrial. Then he can be found guilty again by a new jury perhaps.

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RE: Convict's mother gets dirt on juror - 12/6/2008 5:11:37 PM   
barelynangel


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In stuff like this its just too convenient.  Why this guy?  She picks the ONE guy out of the jury who was the one who knew and did all this stuff guy. And she has all these recordings where the guy is just spilling his guts to some stranger.  Something is just way to convenient, and something tells me money was involved here.  

quote:

"It shows the love of a mother and the great lengths she'll go to to help her child."


Maybe if the mother put this much effort into keeping her kid not only out of the gang he was part of but he was the LEADER of the damn thing, he wouldn't be in the situation he is now.

But i guess that was too difficult.

angel

< Message edited by barelynangel -- 12/6/2008 5:12:29 PM >


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RE: Convict's mother gets dirt on juror - 12/6/2008 5:27:09 PM   
Raechard


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quote:

ORIGINAL: barelynangel
In stuff like this its just too convenient.  Why this guy?  She picks the ONE guy out of the jury who was the one who knew and did all this stuff guy. And she has all these recordings where the guy is just spilling his guts to some stranger.  Something is just way to convenient, and something tells me money was involved here.  

angel


Probably more than one jury member knew of the defendant. It is a good point though and maybe the guy was also boasting about things that weren't actually the case anyway. He could have been paid or he could have just been trying to impress her with his colourful stories. None the less the doubt has been created and needs to be addressed somehow.
 
I'm not convinced any jury member is totally isolated from the news of the crimes they are deliberating over.

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RE: Convict's mother gets dirt on juror - 12/6/2008 7:12:10 PM   
celticlord2112


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quote:

Maybe if the mother put this much effort into keeping her kid not only out of the gang he was part of but he was the LEADER of the damn thing, he wouldn't be in the situation he is now.

In all fairness, sometimes what constitutes a "gang" is strictly in the eyes of the Gestapo...err, police.  To some cops, three citizens standing on a street corner is a gang (two citizens is a conspiracy).

A bunch of kids calling themselves the "Ghetto Mafia" doesn't strike me as much of a gang.  Kids with more time on their hands than brains, maybe.


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RE: Convict's mother gets dirt on juror - 12/6/2008 7:19:43 PM   
marie2


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quote:

ORIGINAL: came4U

http://cnews.canoe.ca/CNEWS/WeirdNews/2008/12/04/7638756-ap.html

If more people did this..is it fair? is it right? is it legal?

I think I would have done the same.


No, I don't think it's fair, or right, or legal. 

But I would have done it too.

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RE: Convict's mother gets dirt on juror - 12/6/2008 7:23:28 PM   
celticlord2112


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quote:

No, I don't think it's fair, or right, or legal.

Assuming it all transpired as she claims, what laws were broken?

If no law was broken, it's legal.


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RE: Convict's mother gets dirt on juror - 12/6/2008 7:36:58 PM   
marie2


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quote:

ORIGINAL: celticlord2112

quote:

No, I don't think it's fair, or right, or legal.

Assuming it all transpired as she claims, what laws were broken?

If no law was broken, it's legal.



She's the mother of the defendant and she chums up with a juror under a false identity and records his drunken ramblings without his permission hoping to get something to feed to the defense counsel. 

Obstruction of justice maybe?  Tampering with a jury? 

On edit:  I misread.  Apparantly it was AFTER the trial.  But still....she gets the guy drunk and tries to elicit shit from him to help get the son off and records it without his permission.

< Message edited by marie2 -- 12/6/2008 7:39:47 PM >

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RE: Convict's mother gets dirt on juror - 12/6/2008 7:39:20 PM   
celticlord2112


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quote:

She's the mother of the defendant and she chums up with a juror under a false identity and records his drunken ramblings without his permission hoping to get something to feed to the defense counsel.

Obstruction of justice maybe? Tampering with a jury?

Except the verdict had been rendered and the jury discharged.  You can't tamper with a jury after its discharged, and if the verdict rendered there is no more justice to obstruct.

Of course, if the mother's claims and recordings hold up, there might not have been any justice in the first place....


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RE: Convict's mother gets dirt on juror - 12/6/2008 7:44:27 PM   
NuevaVida


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My parents always made it clear that if we did something like that (yanno, kill someone or something equally as bad), they would be the first to turn us in.

What this mother did was completely unethical and irresponsible, on all fronts.

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RE: Convict's mother gets dirt on juror - 12/6/2008 7:46:28 PM   
marie2


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quote:

ORIGINAL: celticlord2112

quote:

She's the mother of the defendant and she chums up with a juror under a false identity and records his drunken ramblings without his permission hoping to get something to feed to the defense counsel.

Obstruction of justice maybe? Tampering with a jury?

Except the verdict had been rendered and the jury discharged.  You can't tamper with a jury after its discharged, and if the verdict rendered there is no more justice to obstruct.

Of course, if the mother's claims and recordings hold up, there might not have been any justice in the first place....



I wonder how much merit drunken ramblings will have, while he was being recorded without his knowledge.

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RE: Convict's mother gets dirt on juror - 12/6/2008 7:59:10 PM   
igor2003


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quote:

ORIGINAL: marie2
I wonder how much merit drunken ramblings will have, while he was being recorded without his knowledge.


In re-reading the article I don't see where it says he was under the influence of drugs or alcohol at the time of the statements in question, and while there are laws that cover one or both parties not being warned of telephone recordings I think that in many (most?) states it is perfectly legal for one person in an in person conversation to make a recording without the knowledge of the other person or persons involved.

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RE: Convict's mother gets dirt on juror - 12/6/2008 8:00:23 PM   
celticlord2112


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quote:

I wonder how much merit drunken ramblings will have, while he was being recorded without his knowledge.

Interesting question.  The drunken rambling aspect might cast some doubt on the recordings' evidentiary value, but the fact that he was being recorded I don't see as a problem.

The larger question is, assuming the statements were true, does it amount to juror misconduct, and does it warrant declaring a mistrial and retrying the case?


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RE: Convict's mother gets dirt on juror - 12/6/2008 8:05:00 PM   
thishereboi


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quote:

ORIGINAL: NuevaVida

My parents always made it clear that if we did something like that (yanno, kill someone or something equally as bad), they would be the first to turn us in.

What this mother did was completely unethical and irresponsible, on all fronts.


Did your parents tell you what they would do if they thought you were innocent and a jury found you guilty anyway?

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RE: Convict's mother gets dirt on juror - 12/6/2008 8:05:11 PM   
Lordandmaster


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I'm disappointed that he didn't fuck her.

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RE: Convict's mother gets dirt on juror - 12/6/2008 8:09:45 PM   
celticlord2112


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quote:

ORIGINAL: Lordandmaster

I'm disappointed that he didn't fuck her.

Indeed...at least then someone would have gotten off.


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RE: Convict's mother gets dirt on juror - 12/6/2008 8:16:32 PM   
marie2


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quote:

ORIGINAL: igor2003

quote:

ORIGINAL: marie2
I wonder how much merit drunken ramblings will have, while he was being recorded without his knowledge.


In re-reading the article I don't see where it says he was under the influence of drugs or alcohol at the time of the statements in question, and while there are laws that cover one or both parties not being warned of telephone recordings I think that in many (most?) states it is perfectly legal for one person in an in person conversation to make a recording without the knowledge of the other person or persons involved.


The article says they were drinking and smoking pot.  

I don't know for sure, but I always thought it was illegal to wear a wire and attempt to record someone, or entrap them into saying something in your favor, which is basically what she did. 

I understand where she was coming from and I would have done the same thing.  But I find it hard to believe that this was legally sound or will hold up in court.

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RE: Convict's mother gets dirt on juror - 12/6/2008 8:42:03 PM   
igor2003


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quote:

ORIGINAL: marie2

quote:

ORIGINAL: igor2003

quote:

ORIGINAL: marie2
I wonder how much merit drunken ramblings will have, while he was being recorded without his knowledge.


In re-reading the article I don't see where it says he was under the influence of drugs or alcohol at the time of the statements in question, and while there are laws that cover one or both parties not being warned of telephone recordings I think that in many (most?) states it is perfectly legal for one person in an in person conversation to make a recording without the knowledge of the other person or persons involved.


The article says they were drinking and smoking pot.  

I don't know for sure, but I always thought it was illegal to wear a wire and attempt to record someone, or entrap them into saying something in your favor, which is basically what she did. 

I understand where she was coming from and I would have done the same thing.  But I find it hard to believe that this was legally sound or will hold up in court.


Here is a paragraph taken from "The First Amendment Handbook". :
Of the 50 states, 38, as well as the District of Columbia, allow you to record a conversation to which you are a party without informing the other parties you are doing so. Federal wiretap statutes also permit one-party-consent recording of telephone conversations in most circumstances.1 Twelve states forbid the recording of private conversations without the consent of all parties. Those states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.2

In the article about the mother and juror, it says that for 8 months they spent time together and that they smoked pot, drank, and went to dinner.  It is stretching the imagination to think that they got stinking drunk, higher than a kite, and stuffed themselves every minute that they spent together for that 8 months.  And though people do drink, and they did drink, and people do smoke,and they DID smoke, there is nothing in the article that says he was under the influence of anything at the time of the statements.

That being said, I don't blame her for what she did if she sincerely thought her sone had received a bum deal.

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RE: Convict's mother gets dirt on juror - 12/6/2008 8:51:23 PM   
barelynangel


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Well, stalking tends to be against law.  And from what that article states she pretty much stalked this guy and others before settling on him.   I am curious how she got the names of the juror and if her son's attorney gave them to her knowing what she wanted them for.  I don't think jurors are public knowledge especially private information, because many jurors would be hunted down by freaks who wanted to do them harm for verdicts they came too.  With regard to stalking, weren't people recently prosecuted for stalking stars?  This is the same concept without the "star" concept.

She offered him drugs.  That also is illegal - she was not only carrying and doing the drug but she was attempting to get someone else to do an illegal act -- like mother like son???   So it seems she believes that and her son are above the law and that its okay to break laws to get what she wants.  I also say its way to convenient, she just happens to pick this guy out of the jury who happens to have all this dish about himself and he "eventually" spills his guts to her while she is wired.  If this woman is willing to go to any lengths to get her son off, and she already resorted to illegal activities to accomplish this, i don't put it past her that she would set this whole thing up and pay this guy to give her this information.

Luckily, as the article says, to reverse a jury verdict is rarely done.  I think the defense will actually have to prove what this guy says as being true instead of a guy simply trying to seem cool to some chick he was interested in.  The prosecution is not just going to sit by and go oh my you have recordings.  The Defense has a lot of work to do to prove that this guy wasn't lying to her to make himself seem cool.  I mean they are kinda fucked if he says that he was just bullshitting her because she seemed sooo interested in dirt on the trial and jury.    And then, yeah, there is not reason not to retry this guy, there were witnesses and the transcripts of the initial trial may be allowed to be used because it wasn't anything with the evidence or the prosecutor that is being questioned.   

It seems that when it comes to breaking the law only her and her son are exempt.

angel

< Message edited by barelynangel -- 12/6/2008 8:54:26 PM >


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RE: Convict's mother gets dirt on juror - 12/6/2008 9:32:23 PM   
igor2003


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quote:

ORIGINAL: barelynangel

Well, stalking tends to be against law.  And from what that article states she pretty much stalked this guy and others before settling on him.   I am curious how she got the names of the juror and if her son's attorney gave them to her knowing what she wanted them for.  I don't think jurors are public knowledge especially private information, because many jurors would be hunted down by freaks who wanted to do them harm for verdicts they came too.  With regard to stalking, weren't people recently prosecuted for stalking stars?  This is the same concept without the "star" concept.

She offered him drugs.  That also is illegal - she was not only carrying and doing the drug but she was attempting to get someone else to do an illegal act -- like mother like son???   So it seems she believes that and her son are above the law and that its okay to break laws to get what she wants.  I also say its way to convenient, she just happens to pick this guy out of the jury who happens to have all this dish about himself and he "eventually" spills his guts to her while she is wired.  If this woman is willing to go to any lengths to get her son off, and she already resorted to illegal activities to accomplish this, i don't put it past her that she would set this whole thing up and pay this guy to give her this information.

Luckily, as the article says, to reverse a jury verdict is rarely done.  I think the defense will actually have to prove what this guy says as being true instead of a guy simply trying to seem cool to some chick he was interested in.  The prosecution is not just going to sit by and go oh my you have recordings.  The Defense has a lot of work to do to prove that this guy wasn't lying to her to make himself seem cool.  I mean they are kinda fucked if he says that he was just bullshitting her because she seemed sooo interested in dirt on the trial and jury.    And then, yeah, there is not reason not to retry this guy, there were witnesses and the transcripts of the initial trial may be allowed to be used because it wasn't anything with the evidence or the prosecutor that is being questioned.   

It seems that when it comes to breaking the law only her and her son are exempt.

angel


I know that some of this is kind of like splitting hairs, but sometimes splitting hairs is what makes the difference in a court case.

First, "stalking" is defined in different ways.  1 - Following or observing a person persistently and surreptitiously, sometimes done out of obsession or derangement.

2 - When an adult purposely and repeatedly harasses or follows another with the intent of harassing.

3 - Repeatedly harassing or threatening a person through behaviors such as following a person, appearing at a person's residence or workplace, leaving written messages or objects, making harassing phone calls, or vandalizing property; frequently directed at a former intimate partner.

4 - To follow, pursue, place under surveillance, or repeatedly commit acts with intent to kill, injure, harass, or intimidate; and to place a person in reasonable fear of death, serious bodily injury, or emotional harm to that person, their immediate family member(s) or spouse or intimate partner.

The defendants mother was not following any of the jurors for any of those reasons...she was gathering information.  This is the same thing a private investigator would be doing, except that she was doing it on her own.  But gethering information is totally different than stalking.

As far as her offering him drugs, or carrying drugs, or distributing drugs, the only incriminating thing the article says is that she smoked pot.  What it says is, "She was offering me wine, offering to smoke weed," he said.   "Offering TO SMOKE WEED" is not the same as offering to GIVE him weed.  There is nothing there to say that he didn't already have the weed and she "offered to smoke" it with him...not that she had it herself.  So yes, she is apparently guilty of smoking weed, but not in trafficing or holding.

Don't get me wrong, I think the woman's son is probably guilty.  But what if he isn't?  Doesn't he deserve to have a fair trial with a full jury that is impartial?  What if it was you or a loved one that was convicted by that jury...wouldn't you want it redone so that there is no doubt?

Juror names have been a matter of public record in most cases, though there are laws that are being changed.  The reason for them being public record is so that all parties concerned can know that the jury wasn't hand picked in some way.  I requested a jury trial once for a moving vehicle violation that i didn't agree with.  We went to court, and the jury had already been picked! (At the time i lived in a little podunk town of less than 1000 people and to the best of my knowledge I was the only one to ever challenge this particular Chief of Police in court.)  Anyway, it turned out that this jury which neither me nor my lawyer had any hand in picking ALL WENT TO THE SAME CHURCH WITH THE JUDGE!!!  A prospective witness on my behalf also went to the same church and pointed this out to us and so we had the jury totally dismissed.  Anyway, this is the kind of thing that having the jury names as public record is meant to keep from happening.

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