Mom convicted in son's death

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gut
Posts: 15,058
Jul 26, 2011 1:52pm
Mulva;841608 wrote:She got a year of probation. No jail time. Plus a chance to clear her name in a new trial.

http://news.yahoo.com/ga-mom-gets-probation-sons-jaywalking-death-152407635.html

That seems highly unusual...By offering a new trial, is the judge basically saying the jury was on crack?
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thavoice
Posts: 14,376
Jul 26, 2011 1:52pm
Glory Days;841701 wrote:No, the lesson is use a crosswalk and not walk out into the middle of a 4 lane highway and stop in the median with your kids.
Exactly. that is the lesson and whomever said that what you quoted is a moron.
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gut
Posts: 15,058
Jul 26, 2011 2:10pm
I'm sure there's room in the federal budget to give cars to people who can't afford one.
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WebFire
Posts: 14,779
Jul 26, 2011 2:27pm
Glory Days;841701 wrote:No, the lesson is use a crosswalk and not walk out into the middle of a 4 lane highway and stop in the median with your kids.

It wasn't a highway. If it were I'd think entirely different.
Mulva's avatar
Mulva
Posts: 13,650
Jul 26, 2011 3:20pm
gut;841710 wrote:That seems highly unusual...By offering a new trial, is the judge basically saying the jury was on crack?

I was a little confused about that too. Obviously I don't have all of the facts of the case, but it seems to me that its a parents responsibility to not have their 4 year old child jaywalk across a highway. I'm not sure how that verdict could be overturned.

A year of probation seemed like a fair punishment to me though. I'm sure she's already punished herself enough already mentally.
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thavoice
Posts: 14,376
Jul 26, 2011 3:28pm
gut;841710 wrote:That seems highly unusual...By offering a new trial, is the judge basically saying the jury was on crack?

I am not legal beagle, or is it legal eagle, but I think that if the judge really thought the case was total BS he can throw out the verdict, or, I think after the prosecution rests their case I think that defense routinely asks for it to be thrown out as they did not prove their burden. It rarely does, but is a formality.


I could be wrong though, and probably am
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gut
Posts: 15,058
Jul 26, 2011 3:41pm
thavoice;841831 wrote:I am not legal beagle, or is it legal eagle, but I think that if the judge really thought the case was total BS he can throw out the verdict, or, I think after the prosecution rests their case I think that defense routinely asks for it to be thrown out as they did not prove their burden. It rarely does, but is a formality.


I could be wrong though, and probably am
I think you're correct, but not a very politically popular thing to do. He may simply be acknowledging that she has some air-tight reason to get a new trial (which, again, not sure why the judge wouldn't have declared a mistrial unless maybe he thought she was going to be exonerated anyway).

And I don't know if the writer took some liberties, but for the judge to say "chance to clear your name" would indicate pretty strongly that he disagreed with the verdict.
Glory Days's avatar
Glory Days
Posts: 7,809
Jul 26, 2011 5:36pm
WebFire;841758 wrote:It wasn't a highway. If it were I'd think entirely different.
by definition it is a highway. i know you thought i meant freeway though.