This is what my cousin explained to me about the process a long time ago (during the OJ Simpson trial). Evidence is collected by police and a prosecutor investigator (they’re cops that work directly with the prosecutor’s office and not for the city or the state). There is a thing called evidence suppression, it’s a motion submitted to the Judge asking for whatever evidence that might hurt the defendant and it does what it sounds like, evidence that was collected during the investigation is not allowed during the court procedure, shown to the jury or brought up during the trial and CANNOT be used.  It was predetermined by the Court (Judge) during the pretrial, that this evidence has nothing to do with what happened that night and was thrown out by the judge. Which means the prosecution cannot bring up a defendant’s passed behavior or an incident that might damage the defendant, when it has nothing to do with the current case. What we saw here was the prosecutor brought up on Kyle’s action on August 10, ten days before the riots. The defense team, during the pretrial motions, asked the judge to suppress that evidence or statements from witnesses from Aug 10th and the Judge agreed and threw that evidence out of court because it was prejudicial (hurt) to the defendant. 
 
My cousin explained all of this to me during the OJ trial. I didn’t understand why they weren’t talking about the violence during their marriage and a long history of OJ abusing Nicole, that his defense team didn’t want the court or jury to hear about OJ’s past behavior towards his ex-wife, during their marriage and after their divorce. The defense team wanted that evidence suppressed because it was bad for the defendant (OJ) and was prejudicial (damaging) to the defense’s case and their defense of him and Judge Ito agreed. The jury never heard about the tumultuous, violent marriage. OJ was a control freak, manipulator and according to some people who knew them as a couple, OJ was also a very jealous person. The more Nicole pulled away, the more ”emotionally” tighter he held onto her, and he was losing control of Nicole. He also didn’t want Nicole to be happy.
 
So, that’s why this judge was so angry, it had already been predetermine that they couldn’t use what happened or bring in any witnesses on what happened on Aug 10, because it had nothing to do with this current case. Why the prosecution wanted it in this case, was to show how Kyle was looking for trouble from 10 days ago. That he was some violent Trump vigilante and wanted to lay that as part of their foundation of their case against Kyle. But Kyle didn’t bring his weapon on Aug 10th and only a statement from a witness who claimed that Kyle wanted to “blow him away,” (and way after the fact on what happened on Aug 25th). There are some sick people out there who want to ingratiate themselves in a high-profile legal case. They want to be a part of it. But there were no other witnesses that claimed the threat happened, so it’s his word against Kyle. Based on the reaction to the defense team, I doubt it was true. I’m sure that “their witness” didn’t swear on the bible when he was telling his story. The same is true for Grosskreutz, after his testimony, he changed his story when interviewed by that corrupt and disgraceful news outlet CNN (the communist news network, there’s no difference between CNN and Prada). Is he trying to get a mistrial by appearing on CNN and make people believe he was lying while on the stand? I don’t know his motivation for doing that.
 
I’m using the word foundation is because the prosecutors are building a case, like you build a house. The foundation has to be strong to hold up the house, and the same is true for a court case. I believe their prosecution foundation is based on the notion that Kyle’s a violent vigilante and a white supremacist narrative. Who was out of control and randomly shooting at “innocent” people? This was another police shooting that started this riot. There were no innocent people at the riot… it’s a riot, there is no rhyme no reason for the violence unless they wanted destruction, people getting hurt, watching businesses being burnt to the ground, chaos and mayhem, which is what happened that night. No one was taking a midnight walk downtown, they went there with a purpose… DESTROY EVERYTHING in their path. What is so infuriating about what happened in Kenosha, Minneapolis, Seattle, Portland, DC and elsewhere, all it would have taken would be maybe one or two democrats from these areas and the mainstream media to come out and say STOP THE VIOLENCE. And sadly, none of them did that, matter of fact Nazi Pelosi encouraged it, because she had an agenda… WE MUST BLAME TRUMP FOR EVERYTHING. (That’s why I say these politicians don’t really care about us). If you remember they stopped pushing the violence when the polls came out where the public blamed the violence on the Democrats and the mainstream media. They did a whole 180-degree turnaround because it was hurting them in the polls. Very few people blamed Donald Trump and that’s the only reason they start saying stop the violence and the destruction.
 
Yes, there is a discovery process, where the Prosecutors must give all of the evidence that was collected to the defense team, and that’s when the defense team, goes into action to try to suppress some of the evidence against their client. A criminal trial can take a long time before going to court, my cousin worked on one for 3 years, it took so long, because the deeper they went, more evidence and more victims were found against the defendant.  He was sentence to life in prison without parole. It was a horrible case of a serial rapist, who had murdered three of his victims. One of the reasons it took so long to try him is he moved around a lot and lived in four states (NY, NJ PA and CT) and the police or the investigator never put the pieces together. He raped 36 women and girls, one being a 78-year-old grandmother of 5 and a young girl, who was just 12 years old at the time. He destroyed that little girl and brutalized her so badly, that she had to have 3 operations to fix the damage he did to her. She can never have children… that’s how bad it was. He’s there for life, but it was my cousins last case as a Prosecutor. And hopefully, what he did to these women and girls, is happening every night to him. It took a lot out of my cousin, lots of frustration and he had had enough. He’s now a civil litigator in a small private practice. He won’t take on any criminal cases.
 
Now, for your second question, the Prosecutors did mess up their own case. One of the first things you learn in law school is don’t ask a question that you don’t know how a witness will testify too. Two things hurt their case, one of their own witnesses (don’t know the man’s name) exposed that the prosecutor had ask him to change his story to fit with their legal narrative. I’m not sure how the prosecutor worded his question to their own witness as something similar to…you have not altered your testimony it’s been the same through this case? Yes. You have not been asked by the prosecutor’s office to change or alter your testimony? He said, yes again, when they were expecting their witness to say no. You did ask me to change my testimony to fit your case against Kyle. It’s tampering with a witness… a big no no. And we all know what happened during Grosskreutz testimony. Both questions came from the prosecution, not the defense team, they weren’t being cross examined by the defense. I couldn’t believe it… are they that stupid? Why would you even ask that question? If they had known what Grosskreutz would say, they wouldn’t have asked the question in the first place, but they did. Why would you poke holes and/or expose the weakness in your own case? I don’t get it and either does my cousin Larry. He just couldn’t believe it. So, either the prosecution failed to properly vet these two nor did they properly prep them as witnesses. Closing argument start on Monday and it could be given to the jury late Monday night or early Tuesday morning.ReplyCancel