Monday, November 09, 2009

An Interesting Tidbit on Sentencing from Bill

I did not know this, and hope it's true:
Free the FLDS Children - "As you recall, almost no jurors said they would consider probation for Raymond if he was convicted. OOPS!

Since on Voir dire they stated that they would not consider probation, the Defense can ask for a mistrial, and a new Jury HAS to be chosen for the Sentencing Trial.

It’s (Barbara Walther's) plan to bring in every maggot she can find that hates the FLDS almost as much as she does. She has that right.

On the other hand, Janet (Jessop's "informal" Mrs.) has the right to speak at the Trial, and so does Raymond himself. By Texas Law, he can make a statement to the Jury just the same as he could have made a statement to (Judge Walther) if she were railroading him into prison."
Defense attorney Mark Stevens has some sort of inscrutable strategy that I have not fully divined yet. I am not an attorney, least of all a Texas criminal defense attorney. I continue to suspect that Judge Walther has left an appeal rich trail that any attorney who likes appeals would drool over.

Perhaps the "deal" where Stevens capitulated on FLDS members on the Jury was that no one would contest them if a new panel was seated for sentencing. Either there's a plan or Stevens is a spectacularly bad attorney, is hobbled by defense wishes (I would think he wouldn't have taken the case then) and everything I hear over the transom is that Stevens is not a bad barrister.

Frankly if they're going down, I'd hope the FLDS sets up some sort of legal confrontation that clarifies certain points of law, but on the other hand, I can understand of people like Raymond Jessop elect to take probation over idealism.

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