Brooklyn wrote: ↑Mon Apr 19, 2021 10:56 pm
MDlaxfan76 wrote: ↑Mon Apr 19, 2021 10:49 pm
he remarked about the possibility of an appeal based on Water's influence ...
... Nah, the Judge is PO'd at Waters, rightfully so, and he did say that the defense might well file an appeal on that basis, but it was also quite clear, more than clear, that he thought it would fail on appeal.
If such an appeal took place the defense (assuming a guilty verdict) would have to establish that the jury was unduly influenced by Waters comments. Jury members would have to be asked under oath if this occurred. Each has already sworn not to allow any outside influence and I seriously doubt any would break that mandate. But this is America and anything could happen as we all know.
Yep. Good point. Unless the defense can prove the jury, at a minimum, knew about Waters’ comments, they have no basis to appeal on this point. Even if they had heard the comments, it would be an extremely heavy lift to jump to the conclusion from that that the jury verdict was unduly influenced by her comments.
As I said, not gonna happen.
My read of the judge’s comments is that he, like everyone else involved in the trial, is worn out. He thinks he has tried a very fair case and would be extremely unhappy to have a guilty verdict overturned on appeal because of something Maxine Waters said. Understandable.
I expect the defense will renew the motion if Chauvin is found guilty. Then, maybe the judge will interrogate the jurors individually before deciding the renewed motion. If they all say they never heard what she said, then he’ll deny the motion again, and there would be no basis for appeal.
If they say they heard her, then it becomes a bit more complicated, but I suspect the jurors would all say the comments didn’t affect their verdict, and the judge would deny the motion on that basis.