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Here we go again

Discussion in 'General Politics' started by HTacianas, Feb 13, 2020.

  1. HTacianas

    HTacianas Well-Known Member

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  2. Redwingfan9

    Redwingfan9 Well-Known Member

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    This strikes me as grounds for the defendant to ask for a new trial based on juror misconduct.
     
  3. Hank77

    Hank77 Well-Known Member Supporter

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    It seems pretty strange to me that Stone's attorneys didn't find these social media posts when they vetted the prospective jurors' list. It was a major failing on their part if they didn't.
     
  4. Redwingfan9

    Redwingfan9 Well-Known Member

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    I think they may have and the Court refused to remove the juror for cause. This entire situation is headed to the Court of Appeals. By the time it gets there Trump will have pardoned him.
     
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  5. Hank77

    Hank77 Well-Known Member Supporter

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    How did she get on the jury to begin with? Didn't the prosecution attorney and the defense attorney choose the jury?
     
  6. Redwingfan9

    Redwingfan9 Well-Known Member

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    There are only so many jurors a party can kick off, they're called peremptory challenges. In civil court it's often 3, criminal court it's higher. If a party uses all of its peremptory challenges then they can challenge for cause and it's up to the judge to decide if the juror is removed.

    From what I can gather, and I admittedly haven't followed this case closely, it appears this juror was challenged for cause and the judge ruled against the defense. In my legal opinion based on her Facebook posts before the trial, it appears to be reversible error. I would expect the DC circuit to overturn the conviction and order a new trial once it gets to them.
     
  7. Hank77

    Hank77 Well-Known Member Supporter

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    No, the Judge has denied Stone a new trial. She did this before the information about the juror was known by the court or the public.

    Judge Andrew Napolitano said on Thursday that former Trump adviser Roger Stone deserves a new trial in light of resurfaced tweets that indicate partisanship and “inherent bias” from a jury member against Stone.. Former Memphis City Schools Board President Tomeka Hart revealed Wednesday that she was the foreperson of the jury that convicted Stone on obstruction charges last year --
     
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  8. Redwingfan9

    Redwingfan9 Well-Known Member

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    I'll defer to your information. Like I said, this isn't a trial I paid close attention to. I have my own trials to pay attention to.
     
  9. Hank77

    Hank77 Well-Known Member Supporter

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    Just found this. It answers your question but not mine, indeed it asks the same question.

    It is unclear why Stone’s lawyers did not strike Hart from the jury pool given her political leanings.


    The court transcript shows that Stone attorney Robert Buschel pressed Hart about whether she had any future political aspirations.


    “I don’t know, not federal,” said Hart, who served on the Memphis, Tennessee, school board before running for Congress.


    Judge Jackson interjected during the line of questioning to ask Hart whether Trump or Stone’s political affiliations would change how she weighed evidence at trial.


    “Is there anything about his affiliation with the Trump campaign and the Republican party in general that gives you any reason to pause or hesitate or think that you couldn’t fairly evaluate the evidence against him?” Jackson asked.


    Hart answered: “No.”


    Here’s What The Lead Roger Stone Juror Said During Jury Selection
     
  10. Redwingfan9

    Redwingfan9 Well-Known Member

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    My suspicion is that during voir dire the attorney didn't have any information about her with regards to her Facebook posts. That leaves me wondering when he got the juror list. If he got it a week in advance he should have hired a data mining company to do social media background checks on all the potential jurors. He must not have had that information because when she answered no the attorney was satisfied with her answer.
     
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  11. Hank77

    Hank77 Well-Known Member Supporter

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    Yup, that's what I was questioning. I would think they had the list of prospective jurors much longer than a week, especially seeing this was a high profile case.
    I agree with you that they should have vetted everyone on the list and they would have easily found this woman's social media posts. That's why I found it to be rather strange that they didn't.

    EDIT to add information link, I thought it might be helpful to other posters.
    Why Receiving the Jury List in Advance is Important to Jury Selection
     
    Last edited: Feb 13, 2020
  12. Redwingfan9

    Redwingfan9 Well-Known Member

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    I know in my cases I can typically look at juror questionnaires the week before trial. I'm only interested in a few things though, my cases aren't high profile criminal cases. I want to know how old someone is, if they've been in a car accident and what their profession is. That's a far from figuring out political leanings and affiliations.
     
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  13. The Barbarian

    The Barbarian Crabby Old White Guy

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    Trump loyalists are infuriated to learn that jury selection sometimes lets in people who are not racist or conservative.
     
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