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Judge declares mistrial after defendent dies in hospital - 4/22/2014 10:21:41 AM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline 		I am not a lawyer, but would someone explain how this works?

Defendant attacks witness on the stand, US marshal shoots defendant a number of times, defendant is transported to hospital where he dies...

Judge declares mistrial.

Who they gonna prosecute next for this guy's crime, his ghost?

quote:

Siale Angilau, 25, died in hospital after being shot several times by a US marshal in front of the jury at the new federal courthouse.

The FBI said he had rushed towards the witness with a pen in an "aggressive, threatening manner".

Angilau was the last of 17 accused gang members tried as part of a 2010 case.

The case included 29 counts, including assault, conspiracy, robbery and weapons offences.

US defendant shot dead by officers in courtroom attack


_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

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RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 10:27:37 AM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: jlf1961

I am not a lawyer, but would someone explain how this works?

Defendant attacks witness on the stand, US marshal shoots defendant a number of times, defendant is transported to hospital where he dies...

Judge declares mistrial.

Who they gonna prosecute next for this guy's crime, his ghost?

quote:

Siale Angilau, 25, died in hospital after being shot several times by a US marshal in front of the jury at the new federal courthouse.

The FBI said he had rushed towards the witness with a pen in an "aggressive, threatening manner".

Angilau was the last of 17 accused gang members tried as part of a 2010 case.

The case included 29 counts, including assault, conspiracy, robbery and weapons offences.

US defendant shot dead by officers in courtroom attack


The judge may not have known the guy was dead when he declared the mistrial.

(in reply to jlf1961)
Profile   Post #: 2
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 10:42:10 AM   
DaddySatyr


Posts: 9381
Joined: 8/29/2011
From: Pittston, Pennsyltucky
Status: offline 		There are ... what? ... four possible outcomes?

1) Guilty - Why bother with a trial, if the defendant is dead?

2) Not Guilty - See 1

3) Not Guilty by reason of mental defect - See 1 & 2

4) Hung Jury (which is the same as a mistrial) - Judge took care of it.







Screen captures still RULE! Ya feel me?

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RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 10:42:33 AM   
DaNewAgeViking


Posts: 1009
Joined: 4/29/2004
Status: offline 		That's saying the trail can't go on for technical reasons - like no more defendant. The alternative was to declare him innocent, or continue an obvious farce. It's all simply legal construction.

(in reply to DomKen)
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RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 11:01:32 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: jlf1961
I am not a lawyer, but would someone explain how this works?
Defendant attacks witness on the stand, US marshal shoots defendant a number of times, defendant is transported to hospital where he dies...
Judge declares mistrial.
Who they gonna prosecute next for this guy's crime, his ghost?
quote:

Siale Angilau, 25, died in hospital after being shot several times by a US marshal in front of the jury at the new federal courthouse.
The FBI said he had rushed towards the witness with a pen in an "aggressive, threatening manner".
Angilau was the last of 17 accused gang members tried as part of a 2010 case.
The case included 29 counts, including assault, conspiracy, robbery and weapons offences.
US defendant shot dead by officers in courtroom attack


He was the last of 17 accused gang members. That there were several in the jury visibly shaken by the shooting, isn't surprising, nor is it likely the guy could get an impartial trial.

My guess is a mistrial was called after the dude was shot and taken to the hospital. At some point after the mistrial declaration, he died.

As far as that accused gang member goes, the trial is over.


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What I support:

  • A Conservative interpretation of the US Constitution
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  • Consumption Tax (non-profit charities and food exempt)

(in reply to jlf1961)
Profile   Post #: 5
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 11:28:06 AM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline 		You people are way too serious.

I am in a half way decent mood because I after getting blind falling down commode hugging drunk last night I did not wake up with a hangover...

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to DesideriScuri)
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RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 11:29:53 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: jlf1961
You people are way too serious.
I am in a half way decent mood because I after getting blind falling down commode hugging drunk last night I did not wake up with a hangover...


Maybe you haven't actually woken up yet? This could all be a dream...


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to jlf1961)
Profile   Post #: 7
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 12:37:54 PM   
Zonie63


Posts: 2826
Joined: 4/25/2011
From: The Old Pueblo
Status: offline
quote:

ORIGINAL: jlf1961

I am not a lawyer, but would someone explain how this works?

Defendant attacks witness on the stand, US marshal shoots defendant a number of times, defendant is transported to hospital where he dies...

Judge declares mistrial.

Who they gonna prosecute next for this guy's crime, his ghost?

quote:

Siale Angilau, 25, died in hospital after being shot several times by a US marshal in front of the jury at the new federal courthouse.

The FBI said he had rushed towards the witness with a pen in an "aggressive, threatening manner".

Angilau was the last of 17 accused gang members tried as part of a 2010 case.

The case included 29 counts, including assault, conspiracy, robbery and weapons offences.

US defendant shot dead by officers in courtroom attack




I was just reading about this case, and apparently it happened in a brand new federal courthouse just opened in Salt Lake City. Apparently, the locals don't like it, calling it the Borg Cube.

Resistance is futile.

(in reply to jlf1961)
Profile   Post #: 8
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 2:18:07 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline
quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: jlf1961
You people are way too serious.
I am in a half way decent mood because I after getting blind falling down commode hugging drunk last night I did not wake up with a hangover...


Maybe you haven't actually woken up yet? This could all be a dream...



I am most definitely awake, I took Kera (my wolf hybrid) to the vet because my sis kinda panicked over a lump on her side that was soft to the touch, and had no evidence of a solid mass.

I paid 40 bucks for the vet to tell her what I have been telling her since Saturday, it was a fluid filled bruise.

Then after bringing Kera home, I had to take my sister to the would care center for them to check a cyst that keeps coming up on her back. It has filled and erupted repeatedly for two years and her GP just prescribed antibiotics. The doc at the wound care center referred her to a surgeon to have the affected tissue removed.

Did I mention that my niece woke up with a stomach bug and my sis decided that she could take meds with the warning "take with food" on an empty stomach?

So I had to go back into town to the store to pick up ginger ale, crackers and chicken noodle soup cause they were both tossing cookies.

Oh, and my 2 year old great nephew has chosen today to be a royal brat, and after announcing that one of the dogs pissed on couch decided to pull his 'big boy' under wear down and copy the dog.

The only thing that didnt go haywire was the fact that Kera, who hates the car, gave us no problems getting in the car, sitting still in the car, and behaved like the perfect angel at the vet. She didnt fuss when he stuck the needle into the lump to drain the bruise, she got on the scale herself, even allowed the vet (who she tried to bite on the last visit) to scratch her ears.

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to DesideriScuri)
Profile   Post #: 9
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 3:45:20 PM   
Yachtie


Posts: 3593
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: DomKen

quote:

ORIGINAL: jlf1961

I am not a lawyer, but would someone explain how this works?

Defendant attacks witness on the stand, US marshal shoots defendant a number of times, defendant is transported to hospital where he dies...

Judge declares mistrial.

Who they gonna prosecute next for this guy's crime, his ghost?

quote:

Siale Angilau, 25, died in hospital after being shot several times by a US marshal in front of the jury at the new federal courthouse.

The FBI said he had rushed towards the witness with a pen in an "aggressive, threatening manner".

Angilau was the last of 17 accused gang members tried as part of a 2010 case.

The case included 29 counts, including assault, conspiracy, robbery and weapons offences.

US defendant shot dead by officers in courtroom attack


The judge may not have known the guy was dead when he declared the mistrial.



The trial cannot continue in any relevant way. A mistrial preserves the ability to retry, had he lived.

_____________________________

“We all know it’s going to end badly, but in the meantime we can make some money.” - Jim Cramer, CNBC

“Those who ‘abjure’ violence can only do so because others are committing violence on their behalf.” - George Orwell

(in reply to DomKen)
Profile   Post #: 10
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 4:20:01 PM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline
quote:

ORIGINAL: jlf1961

You people are way too serious.

I am in a half way decent mood because I after getting blind falling down commode hugging drunk last night I did not wake up with a hangover...

sounds to me like ya weren't trying hard enough..

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

(in reply to jlf1961)
Profile   Post #: 11
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 4:20:19 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline
quote:

ORIGINAL: Yachtie

The trial cannot continue in any relevant way. A mistrial preserves the ability to retry, had he lived.


Okay, so now what? Declare him guilty and sentence him to the death penalty for being stupid and attacking someone in a courtroom?

Seriously, there has to be some procedure to tend the trial when the defendant is killed during the process.

Considering the mental ability of some prosecutors (see this
) I am sure someone is going to try and bring this back to the courtroom.

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to Yachtie)
Profile   Post #: 12
RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 4:42:38 PM   
fucktoyprincess


Posts: 2337
Status: offline
quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: Yachtie

The trial cannot continue in any relevant way. A mistrial preserves the ability to retry, had he lived.


Okay, so now what? Declare him guilty and sentence him to the death penalty for being stupid and attacking someone in a courtroom?

Seriously, there has to be some procedure to tend the trial when the defendant is killed during the process.

Considering the mental ability of some prosecutors (see this
) I am sure someone is going to try and bring this back to the courtroom.


If the judge hadn't called a mistrial then the case either has to be dismissed OR the case has to continue. Imagine the scene for a moment. The defendant is shot and taken to hospital. Everyone else is sitting in the courtroom. What reasonable thing can the judge do given that they do not know when or if the defendant will recover?? I see mistrial as the only logical choice i.e., leaving open the option for the DA to re-open the trial with a new jury if the defendant survives (otherwise the existing jury has to stay on the case for as long as it takes the defendant to potentially recover). Re-opening the trial is always at the DA's discretion. So given that the defendant is now dead, obviously the DA will not move to re-open the case. Calling a mistrial had the obvious benefits of (1) not dismissing the defendant if he turned out to survive (because then you can't try him again) or (2) dismissing the current jury to return to their regular lives. Seems like the only reasonable thing the judge could have done under the circumstances.

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RE: Judge declares mistrial after defendent dies in hos... - 4/22/2014 4:50:31 PM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
Status: offline 		What's the point of paying for a trial for a dead guy?

(in reply to fucktoyprincess)
Profile   Post #: 14
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