| Saturday 04th 2010f September 2010 03:43:51 PM | Ryan's Blog will be unavailable. A new Bulletin Board is under construction. |
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| Why did they use the public defender? | ||||
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| The Judge was powerless to throw out the verdict on insufficient evidence after Ryan was found guilty even if she had wanted to. If she had the state would have appealed. Looking purely at the testimony presented the higher court would have determined it was an abuse of discretion and reinstated the verdict. Judges can act in the interest of justice but in order to be upheld on appeal it has to be supported by the law. | ||||
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| Richard, except for the bail most of the judges decisions were ones that were not discretionary. Heck, during the trial itself Roper gave the defense wide latitude to present their case and challenge the states case. Your beef is that she allowed the case to go to the jury but every judge in the courthouse would have done the same. Both the Court of Appeals and Missouri Supreme Court have found that she followed proper trial procedures. Your beef then appears not to be with Roper but the system in general that allowed this case to go forward. Also with the police and prosecutors for going forward with the case but in that instance that beef makes sense. The judge on the other hand had two accusing witnesses against Ryan. In every state in the country that is sufficient for a judge to send to a jury. In every state in the country unless it"s a bench trial judges are not allowed to determine the credibility of witnesses. Judge Roper was just a cog in the machine following the guidelines laid out for her by the higher courts. What changes would you then suggest to make the system more fair to defendants, but not tie the hands of prosecutors to bring justice to victims? | ||||
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| StanTheMan This case didn"t need a judge, the prosecution got everything they wanted starting with the bail. Crane could present anything he wanted and did not have to corroborate anything he said happened or anything he presented (under Missouri law) that"s fair and reasonable. Did Crane ask for the 20 Million bail or was it an arbitrary decision on Roper"s part to set it there? In NY the DA asks and the judge decides if it"s fair. | ||||
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