Comments on: NY Court of Appeals got it right in Weinstein case reversal

By: James Logan

James Logan — Mon, 15 Jul 2024 08:19:37 +0000

New York lawmakers propose allowing prior bad acts to be admissible in sexual assault proceedings. State Sen. Mike Gianaris, a Democrat who represents parts of Queens, said the legislation will “clarify that previous sexual bad acts by someone who was charged with a sexual offense can in fact be admitted in their trial to show a propensity to commit that act.” “That’s typically not done. We have obviously a court of appeals decisions that says it should not have been done here… As it relates to any offense, we typically we don’t allow that, but sexual offenses we believe are different,” Gianaris told reporters Thursday.

“Very often those cases rely on the testimony of two people with conflicting accounts. And therefore we think this justifies an exception to show a pattern of behavior or propensity.”
(Story by Gloria Pazmino, CNN • 2mo)

This is the typical belief of most Americans.

By: Tim in WI

Tim in WI — Fri, 03 May 2024 21:38:26 +0000

Speaking of fair trial doctrine and Judicial discretion; Check out Steve Lehto (https://m.youtube.com/watch?v=xiBGAaBR48M&pp=ygUdc3RldmUgbGVodG8ncyBsYXcganVkZ2UgdGVsbHM%3D) titled: Judge Tells Defense Counsel to Finish cross exam in 4 minutes. Steve goes on to discuss how good lawyer cope with ” offers of proof in sidebars” ( out of jury earshot) when defense is confronted with disagreeable judges. Right handy info in the context of an FTR case. Fact is EVERY PRE ACT( Wetterling) FTR defendant could point to the sentencing transcript’s lack of official proclamation in the judgement.

[Moderator note: the link in the comment was provided by the moderator and is safe to use.]

By: Tim in WI

Tim in WI — Fri, 03 May 2024 19:03:58 +0000

In reply to Sasha. The old bait and switch. Yep, it very common tactic of law enforcement. My main point about Cosby and Weinstein is they each had skilled and high priced lawyers representing them in well publicized, high profile cases and yet a "fair trial" didn't take place. What fact does that expose about defendants of far lessor means to defend themselves.

By: Tim in WI

Tim in WI — Fri, 03 May 2024 18:51:41 +0000

In reply to Facts should matter. I agree, and the psychological position of victim's stance is the most dangerous mindset to be in. Because from the psychological position of victim's stance the cognitive need for revenge soon follows.

By: Sasha

Sasha — Wed, 01 May 2024 16:12:55 +0000

A long time ago, doing the Cosby trial, I mentioned how unfair the trial was during a group therapy session. The counselor did not like my educated response and had chastise me about this. I pointed out that the same thing happens in regards to sexual offenses, and doing my procedures, the district attorney also wanted to present testimony from people that were not involved in the case, calling it relevant bad acts of behavior. This would have been totally unfair, and biased, and it also had the desire effect to produce a plea.
The mindset that I see out there is that it is okay to throw everything at a person accused of a sexual offense only when it comes to those type of crimes. Facts do not matter, exaggeration does not matter, heck, even when there was medical evidence disproving allegations, it did not matter.
District Attorneys are given such broad discretion to do everything that they want to do under the guise of Justice. They figured that you’ll settle this in appeal.
And short, from my experience in dealing with the system, this abise is done very frequently.

By: Facts should matter

Facts should matter — Wed, 01 May 2024 14:20:29 +0000

These perpetual victim archetypes are so uppity and entitled that they actually believe ANY conviction of a sexual nature that is overturned, repealed or vacated, is an affront that “trivializes” and “diminishes” their pain and suffering. Which in turn “revictimizes” them all over again. I”M NOT MAKING THIS UP. They actually FEEL this way under a misguided pretense.

By: Tim in WI

Tim in WI — Sat, 27 Apr 2024 01:02:43 +0000

Sandy,
We witness concrete evidence that “fair trial doctrine” has been successfully abridged in many cases of sexual assault.
Was the case against Cosby any different? No.! It’s readily apparent to me that this has been the case since 1992. I lived through it myself. Well, except for the “overturned ” part. Weinstein and Cosby had the resources where I did not. Appeal lawyers are pricey. I remember being quoted 35-45k in 1995.
The reality is Fair Trials are foundational to peace among the people and nothing undermines the people’s confidence in government than the lack thereof. If his is especially relevant to the courts themselves because the corruption to due process is exposed
I made the same point on a post over at wrongfulconvictionsblog.org and as a result they update their blog much less frequently in recent times. They used to cover lots of material evidence of wrongful convictions but I suspect their proclaimed ” criminal justice partners ” are pressuring them to tone it down.