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PaperclipPerfector  1yr ago (text post)   31726 thread views

Culture War Roundup for the week of July 24, 2023

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Yes, but a jury that has seen all the evidence is much more likely to be right than some guy on the internet who hasn't, especially when that person has an obvious bias.

Wasn't part of the controversy the seizing of the phones? Doesn't look like your theory of juries applies to this case at all.

Why not? It’s not like SS has the phones, either.

The defense wanted to make the seizure into a controversy, claiming that one of the phones was very cool annd very exculpatory. Since the only information we’ve been given is that one brief, we can’t assess whether that’s plausible. But the jury could.

it appears that the footage was entered as evidence but not shown to the Jury, from the link in the OP

We have previously reported on how the groups cell phones were given to the FBI by Coeur d’Alene Police, pursuant to a Federal Warrant that has not yet been seen by the Police, the defendants, the Judges in the case, and has not been entered into any court records.

The group’s leader, Thomas Rousseau, has alleged in a motion that those phones contain exculpatory evidence showing a “dress rehearsal from the day before” as well as body cam recordings from the day of the arrest.

The Judge granted Rousseau’s motion to compel.

In a video posted on the groups’ social media account 5 days after their arrest, some of that bodycam video is shown. According to notes taken by Casey Whalen during the trial, that footage was admitted into evidence, but not shown to the jury.

According to the Idaho Tribune, which was OP's original source:

We have previously reported on how the groups cell phones were given to the FBI by Coeur d’Alene Police, pursuant to a Federal Warrant that has not yet been seen by the Police, the defendants, the Judges in the case, and has not been entered into any court records.

The group’s leader, Thomas Rousseau, has alleged in a motion that those phones contain exculpatory evidence showing a “dress rehearsal from the day before” as well as body cam recordings from the day of the arrest.

The Judge granted Rousseau’s motion to compel.

that footage was admitted into evidence, but not shown to the jury

According to the notes referred to and linked to n the article, the relevant parts were apparently indeed shown to the jury:

-video is body cam seventeen minutes long, unedited go pro. Portion shown to jury is only about four minutes long -Plaintiff has seen the PF promo video, ten minutes version. -Judge rules it to be entered as an exhibit but denied letting the jury view it during trial

so, just an edited portion is shown to the jury. Doesn't pass the smell test for me, but it doesn't surprise me anymore.

Right. Because that is how it works: Relevant parts are admitted, and not the irrelevant parts. Also excluded: Portions that are relevant but highly prejudicial. Given who these guys are, it is very, very likely that portions were excluded at the behest of the defense, because they included the defendants using epithets and the like.

Tell me, have the defendants or their attorneys complained that they were not permitted to introduce exculpatory evidence?

Given who these guys are, it is very, very likely that portions were excluded at the behest of the defense, because they included the defendants using epithets and the like.

Objection!, your honor the plaintiff is assuming things not in evidence.

Tell me, have the defendants or their attorneys complained that they were not permitted to introduce exculpatory evidence?

Publicly not that I have seen, privately between the parties involved is another matter.

Objection!, your honor the plaintiff is assuming things not in evidence.

It's a video of a bunch of neo-Nazi types talking amongst themselves while on the way to protest a Pride event. I am going to stand by my belief that there is very likely (not definitely; very likely) at least some stuff on there that the defense does not want the jury to hear.

Publicly not that I have seen, privately between the parties involved is another matter

It sounds like now you are the one assuming facts not in evidence.

It sounds like now you are the one assuming facts not in evidence.

Well yes, if you can do it so can I too. My rules enforced > your rules enforced fairly > your rules enforced unfairly.

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