Senators voted 48-52 on the abuse of power article of impeachment and 47-53 on the obstruction of justice article in Donald Trump’s impeachment proceedings. Following the impeachment votes, the words used to describe the outcome are vindication, acquittal, cleared of all charges and not guilty. One word you may not hear is mistrial. That’s exactly what occurred. A mistrial occurs when neither side wins in a trial. It is also called a hung jury. As a trial attorney and former prosecutor, I can attest that neither side wants a mistrial. A mistrial can occur for several reasons. It happens where the jury cannot agree on a verdict. A mistrial also occurs where a trial is rendered invalid through an error in the proceedings. Through juror misconduct, a judge may also declare a mistrial. A mistrial took place for several reasons in the impeachment proceeding. First, there was never a real trial. It defies reason to have a jury verdict when there is no real trial with sworn witnesses to … [Read more...] about Why Trump’s Impeachment Ended in a Mistrial Without an Acquittal
trial
The Impeachment Charade Trial
The Senate votes on Wednesday to convict or acquit Donald Trump after no trial occurred. How can someone be acquitted if there was never a trial? In a real court room instead of a fake political proceeding, witnesses are called to testify under oath before a jury can convict or acquit a defendant. The impeachment trial left all semblance of a trial at home. In a recent The Hill article, I wrote: Please Don't Call the Impeachment Proceeding a Trial; It's Charade. As a trial lawyer, I am appalled at what occurred in the Senate chamber masquerading as s trial. It demeans the term justice to think that what occurred in the impeachment proceeding was anything but a sham. As a trial attorney and former prosecutor, I’ve tried over hundreds of cases. The essence of a trial is to seek justice and search for the truth. I often tell jurors that it’s a fact-finding mission with a juror’s role to determine the facts of the case. As I watched the impeachment trial unfold, I saw little … [Read more...] about The Impeachment Charade Trial
Senator Doug Jones, a Fellow Trial Lawyer, Speaks Truth to Power
The day of the vote to convict or acquit Donald Trump over two articles of impeachment, I watched Alabama Senator Doug Jones deliver his reasons for conviction. As I sat watching Senator Doug Jones give his statement on why he will vote to convict Donald Trump, I felt emotionally moved. He articulated the courage of morals and country over president. He convincingly made the statement that there is only right versus wrong. And right should always prevail over wrong. He cited his upbringing in Alabama as one of the reasons why he must stand with truth and justice over lies and injustice. He stated that: “Doing right is not a courageous act. It is simply following your oath.” “Our country deserves better than this” president. As a trial lawyer like Mr. Jones, he laid out the case for why both articles of impeachment should result in a conviction vote. Just as we do in court rooms to juries, he stated that folks should not leave their common sense at home. In this impeachment … [Read more...] about Senator Doug Jones, a Fellow Trial Lawyer, Speaks Truth to Power
Why Amber Guyger’s Appeal Success is Unlikely
Former police officer Amber Guyger intends to possibly file an appeal of her murder conviction resulting in a 10- year prison term. She filed a notice of appeal. A notice of appeal must be timely filed within 30 days of a final court order to preserve a defendant’s right to appeal. A notice of appeal does not mean that a defendant will file an appeal. It only provides notice to the court that an appeal is being contemplated to be filed. An appeal is successful when it determines prejudicial legal errors made by the trial judge’s rulings which likely resulted in the defendant’s conviction. Guyger’s own attorney made strategic mistakes that likely resulted in her conviction. And no, a defense attorney cannot appeal his/her mistakes. If Guyger had not testified that she intended to kill Botham Jean, a jury may not have likely convicted her of murder. The crime of murder requires an element of an intent to kill. Through her own testimony on direct examination by her attorney, she … [Read more...] about Why Amber Guyger’s Appeal Success is Unlikely
Another White Cop Acquitted in Murder of a Black Man
Once again, as we have seen all too often, another white police officer has been acquitted in the murder of a St. Louis Black man, Anthony Lamar Smith. Ex- police officer Jason Stockley was charged with first degree murder in the shooting death of Smith. This 2011 case, like the few others where police officers have even been charged, ended the same way as the officer trials in Freddie Gray, Walter Scott, Jonathan Ferrell and Samuel Dubose cases. They all ended without justice for the murder of a black man. Most end in an acquittal or hung jury without a retrial. There was strong evidence in the Smith case to convict Stockley. First, Mr. Smith was trying to get away from the officer during a police chase in his vehicle. Stockley, apparently outraged at Smith’s actions is heard saying, I’m gonna kill that ___expletive. And less than one minute later, Stockley kept his promise and shot and killed Smith. Stockley later alleged a gun was found in Smith’s car---after going inside … [Read more...] about Another White Cop Acquitted in Murder of a Black Man
Bill Cosby Goes to Trial and Just Might Win
Jury selections started on Monday, May 22 in the criminal case of Bill Cosby. Cosby is charged with aggravated indecent sexual assault in the case of alleged victim Andrea Constand. Constand alleges that in either January or February of 2004 that Cosby drugged her and then sexually assaulted her. The State’s Attorney filed charges within days before the statute of limitations tolled or ended any possible charges being filed. Since then, Cosby has become a pariah with most persons including his former celebrity friends shunning him and judging him guilty of Constand’s assault and those of 60 other alleged victims. On June 5, 2017, Cosby will only face the charges of Constand. The other alleged victims’ cases statute of limitations expired. So those women mostly place their hopes in Constand that justice will be served in her case—thus vindicating the others who can’t press charges. Constand’s case is far from a slam dunk. In reality, it faces many uphill climbs … [Read more...] about Bill Cosby Goes to Trial and Just Might Win