Potter is a complex witness. She often sounds mechanical and, with the prosecutor, technical. However, she began to breakdown immediately when returned to that day...
...The vital element for the jury is whether she evidenced the type of criminal conduct captured by the statute as opposed to simple negligence.
The more human she appears on the stand, the less culpable she will appear in that jury room. In a curious way, her rigidity in testimony made her breakdown more credible. She is clearly someone who tries to be controlled and precise. It is similar to what we saw in Rittenhouse.
...Again however the prosecutors in this case did not overcharge. That makes this a much more challenging defense case.
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Eldridge is continuing to drill down as Potter is sobbing that she did not want to hurt anyone. This remains me of the prosecutor in the Rittenhouse trial. The court is now sustaining objections to the prosecutor's questions.
... I think Erin Eldridge lost serious ground in her final examination. The lack of response to the sobbing witness was stark and chilling...
...The irony is that Eldridge was attacking Potter for a lack of concern for anyone else at the scene after she broke down. However, Eldridge was showing the same utter detachment in front of the jury in the face of a sobbing witness.
The pandemic now seems to have reached the mythic levels of gods who once were blamed for everything that went wrong in life. The Norse had the trickster Loki. For politicians, a lurking Loki explains that social problems are not really of their making... jonathanturley.org/2021/12/06/the…
...While many politicians call for “reimagining policing,” that imagination does not extend to seeing a cause-and-effect on crime. It is the Loki effect of the pandemic. The fact is that most criminals are rational actors who make a calculus of risk in the commission of offenses.
...While the White House may not see the cause-and-effect realities, these felons certainly see the cost-benefit realities. Even in a pandemic, most of us do not look for a Givenchy store to grab an essential diamond-encrusted purse...
Justice Sonya Sotomayor's objection to the “stench” of politics in the oral argument in Dobbs seemed directed at her three new colleagues and the effort to use the new court composition to seek the reduction or overturning of Roe v. Wade...jonathanturley.org/2021/12/05/big…
...Of course, when justices begin to declare their disgust at the very thought of overturning precedent, there is another detectable scent in the courtroom. Indeed, it felt like a scene from Tennessee Williams' play, “Cat on a Hot Tin Roof.” ...
...The only thing missing was the play’s central character, “Big Daddy” Pollitt, asking: “What's that smell in this room? … Didn’t you notice a powerful and obnoxious odor of mendacity in this room? There ain't nothin' more powerful than the odor of mendacity.””
As shown by the comments of the White House this week on crime, The pandemic now seems to have reached the mythic levels of gods who once were blamed for everything that went wrong in life. For politicians, it is useful to have a lurking Loki...thehill.com/opinion/crimin…
...Apparently, pandemic sustenance-gatherers felt compelled to grab $79,000-worth of purses from a Givenchy store in New York...
...Purses certainly do appear to be a COVID necessity across this accessory-deprived nation: When a gang hit Burberry’s on the Magnificent Mile in Chicago, they ran past an assortment of clothing to grab high-priced purses, too.
I have not seen the evidence that would make a compelling case to say that the parents were complicit criminally as opposed to being negligent. foxnews.com/us/michigan-ma… Michigan elected not to pass an child access prevention law...
...There is a risk to improvisational element in charging such a case. The question is whether there is actual knowledge or complicity by the parents as opposed to negligence. Otherwise, charges in this case could present strong grounds for challenge.
...Andy McCarthy has argued that the prosecutors seem to be "making their own law" in these charges. That may be so. Prosecutors will have to make a case that this is not just a workaround the absence of a child access prevention law.
The oral argument in Dobbs was the fascinating and edifying. It was civil and substantive. The counsel on both sides served their causes and clients well...
...The questions certainly seemed to support the right of states to set the earlier line for such laws. Indeed, the very viability standard seemed to have few supporters on the Court...
...For pro-choice advocates, the oral argument probably will be read as now hoping to minimize any losses. What was striking however is that the pro-choice side did not offer alternatives if the Court were to drop the emphasis on viability. That leaves a steep cliff problem.