Judge also scolded him for violating constitutional rights.
Judge also scolded him for violating constitutional rights.
I watched a good amount of the trial today on the live stream with the other attorneys watching. The DA is an absolute ass and there was word that the jury was uninterested and annoyed when the DA was questioning Kyle. If anything,the DA just bolstered the defense with his line of questioning. There were points were the questioning was so bad that any normal person would be asking why this kid is even being charged with murder.
The defense also plan to introduce a motion to declare a mistrial WITH PREJUDICE, which basically means it can't be retried.
If the jury comes back with a guilty verdict of any flavor, I'd be surprised if the Judge didn't issue a "directed verdict" due to the political pressure to find guilty and clear evidence of self defense.
I still think the defense shouldn't have called Kyle but the kid held his own against the seasoned prosecutor and the jury saw it...
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The Prosecutor keeps pushing Kyle to say he was armed because he was expecting trouble - to basically catch Kyle in a "then you should have left and since you didn't, you brought this on yourself" scenario. Kyle's replys stayed on the line of "To defend myself if I had to but I wasn't expecting to have to use it". And when pushed to say that the crowd was belligerent/hateful to Kyle he essentially responded "no, I didn't think so". Just once when the Prosecutor asked why he had the AR to defend himself if he didn't really expect trouble I wish Kyle had responded that his parents aren't expecting a house fire but we have fire extinguishers in the home just in case.
I kept hearing the Prosecutor asking yes or no questions with 1 key word in them that could have jammed Kyle up if he had given the simple "yes" answer. The Defense team prepped Kyle well enough to catch those words and respond with a clear but short response that was neither a yes or no (perfect responses).
At one point the Prosecutor was pushing Kyle for using FMJ ammo instead of hollowpoints. He insinuated Kyle chose to use the FMJ because it had a better chance of going through his target to hit someone else. He even said something like "so the case is full metal jacket?" to which Kyle responded something like "I don't know about the case but the bullet is FMJ, but I really don't know much about ammunition". The Prosecutor continued to push Kyle about the ammo and Kyle kept replying he didn't know much about ammo and I believe the judge finally told the Prosecutor to move on.
While Kyle is doing pretty well under the constant questioning and multiple traps the Prosecutor keeps setting, I think it was a bold move to have him take the stand (as was already said, the case clearly seemed to be going in favor of the Defense to that point). There was one point earlier on where Kyle was asked to explain a situation (where he was essentially surrounded by ~100 people) and he broke down. I watched closely and honestly believe it wasn't just a sympathy show for the jury and that he was actually reliving the fear he experienced during that moment. This had to win points with the jury and I think the Prosecutor knew it because after a 10 minute break to let Kyle compose himself that's when it seemed to me the Prosecutor was trying his best to get a mistrail declared for a possible chance to re-try Kyle (hoping the second prosecution would go more favorably for the Prosecution).
As someone else stated, this gives good insight into what you might expect in a defensive shooting case. EVERY thought and action is scrutinized, before, during and after the event.
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From what I watched is they informed the judge they will be. He inquired about the reasoning. We shall see.
To be fair a lot of criticism was levied at the defense for not objecting enough to the cross exam. Lots of speculation that they let the DA make an ass of himself in front of the jury though.
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I think Kyle held it together very well when being asked the same question over and over. He kept with the same answer over and over. He didn’t fall for the traps. If there is another prosecution fumble tomorrow the defense an/or judge should call for a mistrial with prejudice and be done with it.
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Good!
I agree it was a big risk ... but maybe the Defense Attorney knew the ADA was so stupid...?I still think the defense shouldn't have called Kyle but the kid held his own against the seasoned prosecutor and the jury saw it...
Good one!!!
That would have been great!
Yup!I kept hearing the Prosecutor asking yes or no questions with 1 key word in them that could have jammed Kyle up if he had given the simple "yes" answer. The Defense team prepped Kyle well enough to catch those words and respond with a clear but short response that was neither a yes or no (perfect responses).
Ah-ha!!! Maybe the ADA was NOT a dummy. I had not thought of this ... but it's a distinct possibility. Well done, Ginsue!... after a 10 minute break to let Kyle compose himself that's when it seemed to me the Prosecutor was trying his best to get a mistrail declared for a possible chance to re-try Kyle (hoping the second prosecution would go more favorably for the Prosecution).
True. (And this is part of why I joined US Law Shield. I hope I never need them, but I have the membership.)As someone else stated, this gives good insight into what you might expect in a defensive shooting case. EVERY thought and action is scrutinized, before, during and after the event.
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