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Well at least they are doing one thing right. He wouldn't stand a chance with a jury trial. But I doubt he will have a much better chance with a judge.
Worth remembering that the defense lawyer for the grandfather isn't the same person as the shyster doing PR and civil suit for the parents.
Sounds like the defense lawyer is acting in his clients best interest after discovery - as in "The DA's evidence is incriminating as all out, you haven't shown a whole lot of remorse, and there's a good chance a jury will throw the book at you. Judges are less likely to let emotions influence them."
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"I don't understand. But I don't care, so it works out."
(set 7 days ago)
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Quote:
Originally Posted by Dane_in_LA
Worth remembering that the defense lawyer for the grandfather isn't the same person as the shyster doing PR and civil suit for the parents.
Sounds like the defense lawyer is acting in his clients best interest after discovery - as in "The DA's evidence is incriminating as all out, you haven't shown a whole lot of remorse, and there's a good chance a jury will throw the book at you. Judges are less likely to let emotions influence them."
ETA: Or - just read what JerseyGirl415 said.
I think in practice, you go before a judge instead of a jury when the evidence is faulty or scant, but the emotional impact of the alleged crime is high.
Judges tend to look carefully at the evidence, and aren't as persuaded by the image of that darling little girl who is now dead.
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"I don't understand. But I don't care, so it works out."
(set 7 days ago)
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Quote:
Originally Posted by JerseyGirl415
Yes, he’s definitely afraid of the jury having a more emotional response. Most people WANT a jury trial because convincing 6-12 regular people that someone is guilty by the criminal standard (beyond a reasonable doubt) can be rather difficult and people also expect juries to react on emotion more than judges. To many it’s worth taking the gamble on a jury trial rather than no trial (a plea) or bench trial. So that he is NOT looking for a jury trial is very interesting imo, it’s like he knows the whole situation looks bad, he’s just trying desperately to avoid the consequences.
Well, yes. I think everyone knows the situation looks bad.
What he's aiming for, I believe, is to be able to demonstrate to someone who is very practiced in looking at the facts and applying the letter of the law, not just realizing something looks bad.
If he were trying "desperately" to avoid the consequences, he would have taken the offer by the prosecutor to basically admit he was at fault and suffer very few consequences. That he did not do that, is very telling.
If he were trying "desperately" to avoid the consequences, he would have taken the offer by the prosecutor to basically admit he was at fault and suffer very few consequences.
Would have gotten in the way of the civil lawsuit. As I said, they have put him in a very cruel spot.
Well, yes. I think everyone knows the situation looks bad.
What he's aiming for, I believe, is to be able to demonstrate to someone who is very practiced in looking at the facts and applying the letter of the law, not just realizing something looks bad.
If he were trying "desperately" to avoid the consequences, he would have taken the offer by the prosecutor to basically admit he was at fault and suffer very few consequences. That he did not do that, is very telling.
Yes, your second paragraph is basically what I said.
When you plea, you have to set a factual basis where you admit on the record that you committed whatever crime you’re pleading to, with specific facts. A plea would mean he admits guilt to everyone and himself. I don’t think he emotionally is capable of doing that and I don’t think the family is capable of hearing it. I also think he really thinks he was not negligent. He’s trying to get off entirely by going to trial.
Yes, your second paragraph is basically what I said.
When you plea, you have to set a factual basis where you admit on the record that you committed whatever crime you’re pleading to, with specific facts. A plea would mean he admits guilt to everyone and himself. I don’t think he emotionally is capable of doing that and I don’t think the family is capable of hearing it. I also think he really thinks he was not negligent. He’s trying to get off entirely by going to trial.
If he had pled guilty and only gotten probation, I think that would fair to everyone involved.
Now that this is going to trial, I hope he gets some jail time out of this, even if its only a few days. Hate me if you want.
I think in practice, you go before a judge instead of a jury when the evidence is faulty or scant, but the emotional impact of the alleged crime is high.
Judges tend to look carefully at the evidence, and aren't as persuaded by the image of that darling little girl who is now dead.
I agree. If I was not guilty of a crime, I would want to have a trial by judge, as long as the judge is known to be a fair judge. Because I would want to know that an educated person who understands the law would be looking at the evidence. On the other hand, if I was guilty, I would just want to gamble on a jury, and hopefully get 12 totally different types of people, who can't agree on anything.
But in this case, I just don't see how the evidence could be faulty or scant. The videos are incriminating. It seems to me that there is about a 99% chance he will be convicted, regardless of it being a judge or a jury. But I guess in this day and age, it's expecting too much for somebody to just plead guilty.
I just read that Anello intends to accept the plea deal. I suspect he was advised that there was a high chance he would be found guilty.
Per the article the family still intends to pursue the lawsuit to protect children from falling from windows. It still makes no sense to me their focus on the window. The window was out of reach behind a high safety railing. You cannot get anymore safe than that. I still hope RC fights to the bitter end and does not settle.
I just read that Anello intends to accept the plea deal. I suspect he was advised that there was a high chance he would be found guilty.
Per the article the family still intends to pursue the lawsuit to protect children from falling from windows. It still makes no sense to me their focus on the window. The window was out of reach behind a high safety railing. You cannot get anymore safe than that. I still hope RC fights to the bitter end and does not settle.
I just read that Anello intends to accept the plea deal. I suspect he was advised that there was a high chance he would be found guilty.
Per the article the family still intends to pursue the lawsuit to protect children from falling from windows. It still makes no sense to me their focus on the window. The window was out of reach behind a high safety railing. You cannot get anymore safe than that. I still hope RC fights to the bitter end and does not settle.
I suppose it's too much to expect the parents not to be insistent about the windows. They're ignoring the fact that she was perfectly safe until an adult recklessly lifted her into danger, but after all, it is true that if the windows didn't open, their daughter would still be alive.
I also hope they lose that case. It simply isn't true, as the mother said in your link, that there is no reason for windows on a cruise ship to open. If people want to be in a big building with no fresh air, they might as well stay in a hotel and forget going on a ship. And what to do with the balconies and other areas of the ship that are not fully and permanently enclosed?
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