In misc.legal.moderated, on Sat, 11 Mar 2023 07:41:45 -0800 (PST), Barry
Gold <
bgold@labcats.org> wrote:
On 3/10/2023 11:23 PM, S K wrote:
The Shaman guy's lawyers claims all video footage was not provided him. Can he ask for a mistrial?
https://www.youtube.com/watch?v=WTdL5VtjbtY
Apparently he pleaded guilty, so not a mistrial. His lawyer would need
to ask the judge to strike the guilty plea and order a trial. If it can
be shown that the prosecution intentionally withheld exculpatory videos,
he might be able to get the charges dismissed. Or at least some of them.
But from the news coverage I read, it appears that the government was
still processing the massive amount of footage, so the videos were not >intentionally withheld.
Yes, I read that the prosecutor, by which I think they mean the one
handling this case, didn't have this video.
45,000 hours for a ~12 hour event means iiuc something like 4000 cameras
to check.
They can still "move" to strike the plea and go to trial with the new >footage. It is up to the judge's discretion whether to grant that request.
From what I read they have video where he's not committing violence.
I'm not committing violence myself right now but that does't excuse
whatever illegal things I did earlier tonight. And they must have had evidence of his doing illegal things (even beyond trespassing, which he
was doing the entire time he was there) or he wouldn't have pled in the
first place.
That he was walking along with 1 or 2 Capitol police without being in
handcuffs means to me that the police were outnumbered 1000 to 1 and
they didn't want to get themselves killed. The OP may have gotten his
hopes up, but I don't see it as any defense at all.
--
I think you can tell, but just to be sure:
I am not a lawyer.
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