(06-01-2024 12:07 AM)TripleA Wrote: (05-31-2024 10:51 PM)tanqtonic Wrote: (05-31-2024 10:38 PM)TripleA Wrote: The potential underlying crimes were never mentioned until the prosecution's closing argument, then repeated in Merchan's jury charging instructions.
And in NY, the defense goes first in closing arguments, so they never had a chance to respond to the first mention of the potential underlying crimes.
That is one of maybe half a dozen or more reversible errors that almost certainly will result in an overturned verdict, but of course, the prosecution and judge knew this, but got exactly what they wanted. Calling Trump a convicted felon before the election.
And Merchan is rubbing salt in the wound by scheduling Trump's sentencing hearing 4 days before the Republican convention starts.
When *should* the sentencing hearing be scheduled? Sentencing hearing in NYC typically are done in about 40 days or so. Seems bang on normal timing to me.
And, hate to tell you -- everyone knew that at least one of them would be the federal campaign finance law (just look at Trumps witness list for that), and one would be the NY election conspiracy law.
Yeah, the sentencing timing was just pure coincidence. He could easily have made it right AFTER the convention.
And, "hate to tell you" -- the jury didn't "know" what the alleged crimes were, during the trial. They are the only ones who count.
The prosecution doesnt have to announce in trial *to* the jury *in specificity* what the underlying crimes are. The prosecution introduces evidence as to the factual events.
The jury is then given the jury charge -- in that jury charge the jury members are told *exactly* what the elements of the main case are.
In this matter, one of the elements was 'in order to conceal another [underlying] crime'. In that jury charge, the jury is told what those underlying crimes are, and what acts or facts constitute those underlying charges. The jury is then told to apply the facts in evidence to the main charge, and in this case the underlying charge(s).
I do not know why you (and many others) harp on the 'underlying charges not being mentioned to the jury' at trial. The only thing that is important is that the jury make a finding of fact according the jury charge -- and in this case the underlying crimes were spelled out as an element, 'how' those underlying crimes are defined, and in the facts spelled out in trial, do the facts support the element that the underlying crime was met as an element.
You would be dead on correct if Trump's charges included the underlying charges as a charged crime. But that isnt what happened here. The jury only has to use the roadmap to determine if another uncharged crime existed, and whether that crime served as what Trump was trying to conceal.
Quote:Closing arguments are not evidence, in case you forgot.
Not at all, good sir. The problem is that the notice requirement refers to *charged* crimes -- not uncharged crimes, and not uncharged crimes that are themselves only an element.
Quote:And allowing jurors to choose between 3 underlying crimes without being unanimous on any one will be a potential reversible error, among several others.
Nope. NY Sup. Ct. already has caselaw on the point for the statute to the contrary of what you say. And there are also other types of crimes that require the same 'need to have another crime included as only an element' style. And in those types of cases the same 'need not be unanimous' in the underlying crime is not an error of law.
Quote:Of course, I'm not surprised that you think a lot of this was okay.
I am sorry you dont know the constructs at play, yet you feel the necessity of the above.
Quote:
Anything to fuel the constant 'if you lose, it is some vast form of conspiracy' that seems to permeate this crowd (and to be honest, much of the political right at this juncture), I guess.