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What's next? Habeas petitions on Crane stationery from her cell at Danbury?
Comments (6)
I got news for you,brother. Caselaw protects criminal defendants from dishonest jurors who may very well have an agenda-driven drive for "the big payback". Depending on the wording of the jury questionaire, and the level of outright dishonesty by the juror, the court will, at a minimum, have a hearing to create a record for review.
If it turns out that the juror acted in bad faith and purposely mislead the defense during voir dire, Martha may very well be granted a new trial. At a minimum, it creates a genuine issue which will give grounds for bail pending appeal.
All you Martha haters may have danced in the endzone prematurely. If the Judge grants a new trial, the matter will most likely end up in a plea bargain, since everyone has now seen the show. Martha will have to accept some "nuisance time", and you can all get your Mike Tyson-being led out in cuffs perp walk that you want to see.
While you're in that frame of mind, let's say some vile things about Yoko Ono.
Why would she get a new trial as a result of a juror having a criminal conviction for something having nothing to do with what she was convicted of? How is she prejudiced? How is she going to show that there's a reasonable likelihood that the outcome would have been different if she had kept that guy off the jury?
And I don't see how a juror's post-trial comment that he sees the verdict as protective of regular people necessarily shows bias. That's a reasonable interpretation of the facts that came out at trial, whether or not one agrees with it. She was convicted of lying during an investigation, and you can very reasonably see that as a victory for the little guy in the sense that nobody gets to lie to the FBI, even rich people. Furthermore, that would appear to me to have zero to do with the issue of the juror lying on the jury questionnaire.
From what I know, it's enormously difficult to get a new trial based on bad behavior by the jury, or based on errors in jury selection. It seems to me that the issue of the past conviction is going to be found largely irrelevant, and the comment about the "little guy" supporting a new trial is pretty much frivolous.
She did what she's accused of doing. She'd be better off sucking it up, doing her (relatively soft) sentence, and starting down the road of rehabilitating her reputation, rather than continuing to make herself look like a bigger and bigger jackass.
As a 23 year prosecutor, I know that every criminal defendant who faces the loss of their liberty deserves a fair trial from an unbiased jury. As I understand it, this juror has a history of woman beating and hostility to women. If such is proven true, the voir dire process of picking a jury is designed to expose this. If this had come out, the Judge would most likely have excused the juror for cause. This peabrained juror who almost tripped over himself for his 5 minutes of fame poisoned the process by lying in the Questionaire.Like it or not, the result is a tainted trial which probably will not stand. As to that point, one's opinion on her guilt is irrelevant.
She may very well have done what she is charged with. None of us, however, benefits from an unjust conviction. I have tried a man twice, and put him on death row twice because of a court ruling that the first trial was tainted. You buckle up your boots, and go back for a second trial because IT'S THE RIGHT THING TO DO.
It lets you sleep better at night.
I don't think the conviction is unjust. I think the arguments she's making are frivolous. All I'm saying is that based on what I know, getting a verdict sacked on appeal based on a juror's post-trial conduct is practically impossible. Absent some demonstration of prejudice based on specific allegations that he influenced other jurors, I think it's going nowhere for her. It doesn't make what he did okay; if he perjured himself, he perjured himself. But absent some indication that his old assault conviction influenced the trial, I don't see her getting her case overturned.
(Incidentally, being told that something is "the right thing to do" in all caps just makes me tune out. I can't speak for others, but you basically lose me right there.)
Hey, you think Martha's argument is bad, right now I'm handling a matter with a guy who admitted in his court testimony that he shot the victim numerous times (hint: more than ten) and bragged about it to his friends afterwards, but is trying to get relief because he says he didn't mean to hurt the guy, let alone kill him. All of those claims get heard, regardless of stupidity, because of constitutional rights; and the judges (thankfully) get to dismiss the vast majority of them. Martha's claim isn't special: if she didn't prevail at trial she's gonna have to show actual prejudice to get relief (like, show that if they'd known about his prior they could have/would have gotten him off the panel, AND that the guy actually somehow swayed the rest of the jury into convicting when they otherwise would not have done so). Heh. Good luck, Martha.
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009
Portuga, Rose 2011
Revelation, Chardonnay, Pays d'Oc 2010
Beaulieu, Cabernet, Rutherford 2005
Monte Alto, Tinto Reserva 2005
Chateau Ste. Michelle, Cabernet, Indian Wells 2009
Espiral, Vinho Rose
Vin-Koru, Pinot Gris 2011
14 Hands, Hot to Trot Red 2009
Rodney Strong, Cabernet, Sonoma 2009
Abacela, Vintner's Blend #11
Portuga, White 2010
La Bourgeoisie, Red 2009
Januik, Red 2009
Three Rivers, River's Red 2008
Kirkland, Alexander Valley Merlot 2008
Muga, Rioja Rose 2010
Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
The Occasional Book
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt
Road Work
Miles run year to date: 21
At this date last year: 52
Total run in 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Comments (6)
I got news for you,brother. Caselaw protects criminal defendants from dishonest jurors who may very well have an agenda-driven drive for "the big payback". Depending on the wording of the jury questionaire, and the level of outright dishonesty by the juror, the court will, at a minimum, have a hearing to create a record for review.
If it turns out that the juror acted in bad faith and purposely mislead the defense during voir dire, Martha may very well be granted a new trial. At a minimum, it creates a genuine issue which will give grounds for bail pending appeal.
All you Martha haters may have danced in the endzone prematurely. If the Judge grants a new trial, the matter will most likely end up in a plea bargain, since everyone has now seen the show. Martha will have to accept some "nuisance time", and you can all get your Mike Tyson-being led out in cuffs perp walk that you want to see.
While you're in that frame of mind, let's say some vile things about Yoko Ono.
Posted by brother gary | April 1, 2004 4:51 AM
Don't worry don't worry don't worry don't worry don'tworry don'tworry KYOKO!!!
Posted by Jack Bog | April 1, 2004 5:14 AM
Why would she get a new trial as a result of a juror having a criminal conviction for something having nothing to do with what she was convicted of? How is she prejudiced? How is she going to show that there's a reasonable likelihood that the outcome would have been different if she had kept that guy off the jury?
And I don't see how a juror's post-trial comment that he sees the verdict as protective of regular people necessarily shows bias. That's a reasonable interpretation of the facts that came out at trial, whether or not one agrees with it. She was convicted of lying during an investigation, and you can very reasonably see that as a victory for the little guy in the sense that nobody gets to lie to the FBI, even rich people. Furthermore, that would appear to me to have zero to do with the issue of the juror lying on the jury questionnaire.
From what I know, it's enormously difficult to get a new trial based on bad behavior by the jury, or based on errors in jury selection. It seems to me that the issue of the past conviction is going to be found largely irrelevant, and the comment about the "little guy" supporting a new trial is pretty much frivolous.
She did what she's accused of doing. She'd be better off sucking it up, doing her (relatively soft) sentence, and starting down the road of rehabilitating her reputation, rather than continuing to make herself look like a bigger and bigger jackass.
Posted by Alli | April 1, 2004 6:22 AM
As a 23 year prosecutor, I know that every criminal defendant who faces the loss of their liberty deserves a fair trial from an unbiased jury. As I understand it, this juror has a history of woman beating and hostility to women. If such is proven true, the voir dire process of picking a jury is designed to expose this. If this had come out, the Judge would most likely have excused the juror for cause. This peabrained juror who almost tripped over himself for his 5 minutes of fame poisoned the process by lying in the Questionaire.Like it or not, the result is a tainted trial which probably will not stand. As to that point, one's opinion on her guilt is irrelevant.
She may very well have done what she is charged with. None of us, however, benefits from an unjust conviction. I have tried a man twice, and put him on death row twice because of a court ruling that the first trial was tainted. You buckle up your boots, and go back for a second trial because IT'S THE RIGHT THING TO DO.
It lets you sleep better at night.
Posted by brother gary | April 1, 2004 8:47 AM
I don't think the conviction is unjust. I think the arguments she's making are frivolous. All I'm saying is that based on what I know, getting a verdict sacked on appeal based on a juror's post-trial conduct is practically impossible. Absent some demonstration of prejudice based on specific allegations that he influenced other jurors, I think it's going nowhere for her. It doesn't make what he did okay; if he perjured himself, he perjured himself. But absent some indication that his old assault conviction influenced the trial, I don't see her getting her case overturned.
(Incidentally, being told that something is "the right thing to do" in all caps just makes me tune out. I can't speak for others, but you basically lose me right there.)
Posted by Alli | April 1, 2004 11:41 AM
Hey, you think Martha's argument is bad, right now I'm handling a matter with a guy who admitted in his court testimony that he shot the victim numerous times (hint: more than ten) and bragged about it to his friends afterwards, but is trying to get relief because he says he didn't mean to hurt the guy, let alone kill him. All of those claims get heard, regardless of stupidity, because of constitutional rights; and the judges (thankfully) get to dismiss the vast majority of them. Martha's claim isn't special: if she didn't prevail at trial she's gonna have to show actual prejudice to get relief (like, show that if they'd known about his prior they could have/would have gotten him off the panel, AND that the guy actually somehow swayed the rest of the jury into convicting when they otherwise would not have done so). Heh. Good luck, Martha.
Posted by Anon | April 1, 2004 8:14 PM