oldgold

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  • oldgold commented on the diary post Boston Bombing News: Tsarnaev: 6th Status Conference by jane24.

    2014-08-18 14:21:01View | Delete

    Here is a ruling from Judge O’Toole requiring the government to identify and summarize the opinions of the experts it intends to call in the trial. This is to occur on or before September 2. The defense has been given an additional 30 days to disclose their “responsive” expert witnesses, if any, as to ballistics, fingerprint, [...]

  • oldgold commented on the diary post Boston Bombing News: Tsarnaev: 6th Status Conference by jane24.

    2014-08-18 12:52:19View | Delete

    The prosecution wants discovery concerning what is the crux of this case. I do not find that position to be ridiculous.

    It is; however, extremely complicated as a practical matter as a consequence of Fifth Amendment protections and the lack of an interim period between the two phases in a death penalty case.

  • oldgold commented on the diary post Boston Bombing News: Tsarnaev: 6th Status Conference by jane24.

    2014-08-18 07:34:02View | Delete

    Why is it ridiculous?

  • oldgold commented on the diary post Boston Bombing News: Tsarnaev: 6th Status Conference by jane24.

    2014-08-17 12:59:07View | Delete

    Yes, in the guilt phase the passive defense I envision “harmonizes and coordinates” with the aggressive defense in the penalty phase. For example, when “Danny” takes the stand in the guilt phase, I would expect the defense to emphasize that Tamerlan Tsarnaev was in charge, brandishing a gun and ordering Dzhokhar Tsarnaev around.

  • oldgold commented on the diary post Boston Bombing News: Tsarnaev: 6th Status Conference by jane24.

    2014-08-17 08:10:53View | Delete

    The prosecution’s view that the action in this case is going to be in the penalty phase is not of recent origin. At the Third Status Conference held on February 12, 2014, prosecutor Aloke Chakravarty stated in open court to the disapproval of many here the following:

    : “Let’s not kid ourselves the issue here is [...]

  • oldgold commented on the diary post Boston Bombing News: Tsarnaev: 6th Status Conference by jane24.

    2014-08-16 09:57:59View | Delete

    My take was the same as yours, what the prosecution deems unusual is that the defense is focusing on the penalty phase. The prosecution has made this same observation at earlier status hearings. As to the quality of the oral arguments, I found both sides to be less than compelling. But, in loosely structured hearings [...]

  • oldgold commented on the diary post Boston Bombing News: Tsarnaev: 6th Status Conference by jane24.

    2014-08-16 08:31:00View | Delete

    Jane24 and Leftcoast5, Thank you for your report on the Sixth Status Conference. Your courtroom observations were interesting.

    I disagree with your conclusions as to where the defense is headed. I expect the defense to be passive in the guilt phase and aggressive in the penalty phase.

  • oldgold commented on the diary post Boston Bombing News: Gun, Gun, Who’s Got the Gun? by lauraw.

    2014-08-12 22:34:30View | Delete

    JaneXXIV, I would be interested in knowing if at the hearing there is any fraternization between the two legal teams. And, if so, who initiates it and if it is reciprocated. And, of course, the old usual stuff I have inquired about before. As always, I appreciate and am thankful for your eyewitness reports.

  • oldgold commented on the diary post Boston Bombing News: Gun, Gun, Who’s Got the Gun? by lauraw.

    2014-08-12 15:14:45View | Delete
  • oldgold commented on the diary post Boston Bombing News: Gun, Gun, Who’s Got the Gun? by lauraw.

    2014-08-11 16:30:29View | Delete

    The Harvard Report states 5 rounds were fired at MIT. p.19

    Surveillance video from a nearby building shows that at about 10:25 that evening, two men approached Collier’s vehicle on the driver’s side from behind and shot Officer Collier five times.

    This Harvard Report also states that multiple rounds were fired on Laurel Street in Watertown from [...]

  • oldgold commented on the diary post Boston Bombing News: Gun, Gun, Who’s Got the Gun? by lauraw.

    2014-08-11 09:50:25View | Delete

    Document 464 captioned “GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL COMPLIANCE AND SUSPEND DEFENDANT’S EXPERT DISCLOSURE DEADLINE” filed August 8 may answer some the questions and concerns raised by this post. It is from this filing that ABC reporter Michele McPhee garnered the information contained in her recent tweet that the government has “recovered 56 spent shell [...]

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-10 10:19:59View | Delete

    The key on this is going to be whether these alleged 56 spent shell casings come from both the MIT and Laurel Street crime scenes. If the two crime scenes are linked by the spent shell casings, it would be damning evidence.

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-10 09:37:37View | Delete

    That which is stated in this tweet is contrary to what the msm initially reported as regards shell casings recovered at the scene in Watertown.
    </

    If you are referring to the statement in Doc. 440, see my comment at #60 here.

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-10 08:57:40View | Delete

    Agreed.

    McPhee has a new tweet.
    Not sure if it is a leak or comes from a new filing.

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-10 08:01:03View | Delete

    Key to what you site and something I have tried to address several times here is the distinction between leaking and vouching. Leaking in high profile cases is going to happen. You can try to tamp it down, but you cannot stop it. (human nature, technology, First Amendment ….) Vouching for the evidence (offering an [...]

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-09 15:26:17View | Delete

    Jane, You have had several opportunities to observe the defense team in the courtroom. Do you have the sense that one or more the lawyers making up the defense team is a “courtroom brawler?”

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-09 07:18:34View | Delete

    Bronson in a note attached to the Affidavit says he was rushed.

    A Note of Concern. I have never had such a short period in order to do the amount of work necessary to do a complete assessment, especially given that the enormous amount of publicity, and four separate venues to assess. While nearly 16 [...]

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-09 05:21:18View | Delete

    Here is some discussion of the assertion in the Affidavit.

    Probably not a big deal. Just another indicator this Reply, like the original Motion to Change Venue, was rushed.

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-08 20:34:55View | Delete

    OK.

    Most recently, the arrest of Stephen Silva on drug and gun possession charges triggered an immediate series of law enforcement leaks to the effect that Silva had provided Dzhokhar Tsarnaev with the gun later used to kill MIT police officer Sean Collier, and that Tsarnaev had told Silva that he had robbed drug dealers with [...]

  • oldgold commented on the diary post Boston Bombing News: Silva’s Arraignment & Upcoming Hearings by jane24.

    2014-08-08 19:12:31View | Delete

    Well, apparently there is some sizzle in the defense team’s expert’s affidavit. Unfortunately, it appears not to be the right variety of sizzle. Here it is. Check out the last sentence of paragraph 53 at page 16 of the Edward J. Bronson Affivavit that was attached to the defense’s Reply. What the hell is going on? Did [...]

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