The Campaign For DA

9.25.2019

Random Wednesday Morning Thoughts



  • If you want to know what all this Ukraine controversy is about, read this from The Washington Post which was released yesterday evening. It's simple. It all makes sense. It's not just about a phone call. And Trump is finally concerned. And Rudy, the worst lawyer in America, is smack dad in the middle of it. 
  • Rudy was defending himself on Fox News last night saying that everything he did in the Ukraine was at the request of the State Department. He said he's documented it on his phone because "I'm a pretty good lawyer." The State Department had earlier said, "Not so much." If Giuliani was trying to get Trump impeached, which may very well happen, he couldn't have done a better job. 
  • Rudy would later yell at a person to "shut up", tell the host to "turn his mic off", called him an "idiot" and say, "Keep your lying mouth shut!"  He's doing well. Real well. 
  • The former Chief of Police in Jacksboro was indicted and our DA's office recused itself. A private attorney was then appointed as a special prosecutor (technically an "attorney pro tem"). The defense has now raised, by a filing yesterday, an interesting issue as they seek to have the private attorney removed.: A private attorney paid by the hour (by Jack County) as a prosecution has an inherent conflict of interest, the motion says. That is, there is a financial incentive to seek an indictment and take the case all the way to trial regardless of the merits of the case.  That creates a personal financial incentive to prosecute -- the more hours you put it, the more you make. The defendant's Motion points out that after the appointment in the case the legislature changed the law for future appointments so that private attorneys cannot be appointed as prosecutors -- the job must now go to a prosecutor from another jurisdiction without additional compensation above his/her normal salary. (Side note: The attorney pro tem in the Jacksboro case is currently also the attorney pro tem in the prosecution of a trooper in Wise County.) 
  • The Denton Record Chronicle is still after the story where the deputy shot and killed a fleeing man.  The Sheriff's office is being less than transparent. 
  • Looking at today's Messenger, anyone feel comfortable when a new reserve constable is described this way?: 
  • Amber Guyger trial
    • The State spent a lot of time yesterday pointing out that every other cop who came to the apartment in response to the shooting was able to go to the right place and didn't end up on the wrong floor. Why they want to establish this, I have no idea. By proving Guyger was absolutely zoned out, they are helping her establish the absolute defense of, "I thought I was in my apartment. I thought there was an intruder in my apartment. I shot and killed what I earnestly believed to be that intruder because I feared for my life."  
    • Let me say it for the millionth time: She didn't recklessly kill him. That's why it was not manslaughter. That's why she's not charged with manslaughter. She intended to kill him -- meaning she pointed a gun at him and pulled the trigger with the intent to kill. That's why it is a murder case with a defense of mistake.
    • These facts make the Amber Guyger case more understandable: Say you know of a husband and wife who had been fighting for months and rumors of an impending divorce were swirling. I mean, it's a bad and toxic relationship. You learn one day that the wife had been shot and killed by the husband in their home. But the husband immediately says, "I honestly thought that it was an intruder! I thought my wife was in bed!  I heard a noise and thought it was break-in!"  You buying that? Well, settling the issue in a criminal trial would make perfect sense and it's easy to understand. If the jury believed he honestly thought it was an intruder (or technically even had a reasonable doubt about it), they would find the man not guilty.  If they believed beyond a reasonable doubt he was making that up, he would be convicted.  But at least it's a legitimate question with battle lines clearly drawn. With Amber Guyger, no one disputes she thought there was an intruder in her apartment. 
    • Now change those facts and have the husband shooting his son, who everyone knows he loved and cherished, in the middle of the night. Would there even be a trial? No. The DA would take the case to the grand jury and behind close doors recommend that they return a no-bill, and the case would be closed. 
  • That's a power move right there.
  • Never try to get snarky with young people on the Internet. It's their home field. 

  • The Money Changer In The Temple has moved on to a shake down cruise.  He's literally making money as a travel agent.
  • Messenger: Above the Fold