Sodden reader query: What are the odds that Stewart will ultimately get a fair trial in this case?
In the interest of keeping our WCF readers informed of the latest developments in the Matthew Stewart shootings case, we'll direct our readers' attention to yesterday's Salt lake Tribune story, wherein Jessica Miller reels out a series of "expert opinions" about possible defense theories which Defendant Stewart might assert once the case goes to trial, probably late in 2013. For those readers who've been closely following this story, yesterday's Trib writeup provides an interesting and informative read, wethinks:
So what do you think, folks? Given the state of the underlying law regarding available affirmative defenses, and taking the extensive pre-trial publicity into account, what are the odds that Stewart will ultimately get a fair trial in this case, particularly if it's tried in Weber County?
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Interesting question, it depends on how you define "fair". If you mean, can he find jury members who have not already been exposed to a great deal of information from the media, then that's going to be difficult. However, if you mean, will defense counsel have full access to all the evidence, and will this evidence be processed in a fair manner; then no, I don't think that police and prosecutors will turn everything over to defense counsel. I also think there is zero chance that defense counsel will have an honest accounting of which bullets landed in which places. I hope the jury is shrewd enough to realize that the ballistic evidence will be easy to tamper with.
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