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09-23-2019, 09:00 AM
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#361
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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Quote:
Originally Posted by Lucas McCain
I guess time will tell. I guess at this point, it just depends on how creative her lawyers are with their strategy.
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I agree with you, that she will get Manslaughter. acquittal of Murder, and I believe her story, she sounds "real" on the tape. but the Jury isn't going to absolve her completely. I think she will be convicted of Manslaughter, and probably get a $2,000 fine with 6 months in jail. my prediction, at least.
and I think that will satisfy the Community "enough".. no riots or protests (of any significance) after the verdict.
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09-23-2019, 11:35 AM
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#362
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Premium Access
Join Date: Apr 21, 2010
Location: DFW
Posts: 2,052
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Quote:
Originally Posted by Chung Tran
I think she will be convicted of Manslaughter, and probably get a $2,000 fine with 6 months in jail. my prediction, at least.
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Did we ever get a reading from a lawyer as to whether a lesser included offense is an option in this case?
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09-23-2019, 11:54 AM
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#363
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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Quote:
Originally Posted by billw1032
Did we ever get a reading from a lawyer as to whether a lesser included offense is an option in this case?
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we didn't, but I heard on WBAP this morning, that the Jury could consider a lesser charge.
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09-23-2019, 04:46 PM
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#364
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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we learned today that the door was unlocked (nothing about "ajar"), and Amber had a long conversation with her Policeman Boyfriend that ended 3 minutes prior to the shooting. also, the Defense asked for a mistrial after the Judge learned that the Dumb Fuck Dallas DA gave an interview on TV last night, to a local news station.
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09-23-2019, 09:54 PM
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#365
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Professional Tush Hog.
Join Date: Mar 27, 2009
Location: Here and there.
Posts: 8,957
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Report on the first day of trial. Pretty blah day.
https://www.dallasnews.com/news/crim...olice-partner/
Regarding the lesser included submission, I'm not sure. When I took the bar many years ago, the Defendant could gamble and object to the charge including a lesser included offense and make it an "all or nothing" case. However, I seem to have heard that this has changed. The Court may no instruct on a lesser included if the evidence supports in over the objection of the Defendant. But I'm not sure.
I don't practice criminal law very often, and when I do, I'm retained just for trial, and work with an experienced criminal lawyer who handles all the procedure details. And I haven't had one go to trial in years, and almost all of them have been in Federal Court (which has radically different procedural rules).
I think the Defendant has a shot at an acquittal on "mistake of fact". Not sure how good it is, but it's a real shot. Maybe 1 in 4. Something like that. But you can rest assured that the Defendant's attorneys are likely better than those for the State. That helps.
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09-23-2019, 10:24 PM
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#366
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Valued Poster
Join Date: Nov 22, 2009
Location: TX
Posts: 2,731
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Read the same, the jury can consider a lesser charge. So she was texting her lover at the time of the shooting.
Goddamn son.
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09-23-2019, 11:12 PM
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#367
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Premium Access
Join Date: May 8, 2010
Location: Dallas
Posts: 3,112
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Yes, texting her SO and now it is being suggested that he will be investigated.
IMHO she was way in over her head as a DPD officer. Should never have been hired. If a long day stresses you so much that you shoot first and ask questions later, then what hope is there for the rest of us?
I have had this same thing happen to me.
I live in a remote area near White Rock Lake. Late one evening I was watching TV and heard a knock on the door. This was unusual because I did not hear a car drive up nor see headlights outside. As I approached my door it swung open and a cute petite brunette walked in, just as I pulled the door open..
I was startled, but my first reaction was not to pull a gun, not to panic and fight off the intruder or anything violent.
I wonder if Botham Jean's reaction would have been any different? It is startling to see a strange woman enter your home, but not something that would cause most men to go into defense mode. IMHO it was all on Amber. She went into panic mode.
It would be interesting to see her scores in the VR room where officers train to differentiate between good guys and bad guys while shooting a laser gun. Because she sure failed this time.
And what if Amber had given her SO or someone else a key to her place and they were there to surprise her? She could sure ruin things if friends gave her a surprise birthday party.
Every time Amber panics does she pull her gun and double tap them?
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09-23-2019, 11:48 PM
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#368
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Valued Poster
Join Date: Oct 7, 2010
Location: Planet Earth
Posts: 10,612
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If she gets acquitted or only gets 6 months, cops in Dallas better start wearing some serious protective gear because they will become targets to another nut job with an AR who has had enough with cops and will gun some of them down because he won't give a fuck about his actions because of the injustice... she needs to do prison time and not bullshit jail time.
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09-23-2019, 11:54 PM
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#369
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Premium Access
Join Date: May 8, 2010
Location: Dallas
Posts: 3,112
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Quote:
Originally Posted by Chung Tran
we learned today that the door was unlocked (nothing about "ajar"), and Amber had a long conversation with her Policeman Boyfriend that ended 3 minutes prior to the shooting. also, the Defense asked for a mistrial after the Judge learned that the Dumb Fuck Dallas DA gave an interview on TV last night, to a local news station.
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Ch 8 news reports that Botham's door mechanism was defective and opened when Amber pushed on it.
Think about it. Because of a maintenance issue Botham is dead, Amber's life is in ruins (her defense could bankrupt her for years), her career is gone, her SO is under scrutiny, and Dallas is in world news due to another gun related death.
Do Botham's relatives have a case to sue Southside Flats?
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09-24-2019, 12:20 AM
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#370
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Valued Poster
Join Date: Oct 7, 2010
Location: Planet Earth
Posts: 10,612
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Quote:
Originally Posted by dallaswill
Do Botham's relatives have a case to sue Southside Flats?
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I'm sure they probably already have - especially if he put in a maintenance request and they did nothing about fixing it. He probably did because I remember reading that he was in the risk assurance group (or something like that) at PWC. That's a client facing group that requires occasional travel for even his lower job rank (associate).
If I smoked weed on a regular basis like he did, I sure the fuck would want to make sure my place was locked when I was gone because my stash is in there. Hell, even if he didn't travel much for work, he probably was smart enough to put in a request to get his lock fixed because he was gone during the day for work anyway. You always have to protect your stash - that's just a simple introductory Weed101 class
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09-24-2019, 01:37 AM
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#371
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Premium Access
Join Date: Jan 17, 2014
Location: USA
Posts: 12,582
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The jury is made up of eight women and four men:
five black, four Hispanic, two White and one Asian.
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09-24-2019, 06:43 AM
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#372
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Account Disabled
Join Date: Feb 3, 2016
Location: Texas
Posts: 2,011
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Amber was tired after a 15 hour shift and she was very horny after she exchanged explicit texts with her police partner (the pudgy bald guy). As she entered the wrong apartment she was moaning and talking sexy. Jean was not fully coherent at the time because of his extra curricular activity but immediately got aroused as sexy blonde walked in. Amber said, “oh yeah baby I want to touch it”. Jean thought she was talking to him and did what any red blooded man would do. As he went to take his pants off she shot him!
On a serious note Once again Dallas fucked up. Do they even have a policy against partners / co-workers fucking or having relationships?
What is the phone policy? If DPD issues the phones they have the right to mandate and inspect content. Did their superior officer suspect or otherwise know these two were fucking? And yes that will compromise the safety of anyone they come in contact with on the job.
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09-24-2019, 07:17 AM
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#373
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Valued Poster
Join Date: Oct 1, 2013
Location: Dallas TX
Posts: 12,555
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I wanta see the pic,s she sent,,,,,,,,,,,,,,,,, Still she fuck up big time , and southside should also be libel
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09-24-2019, 07:44 AM
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#374
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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Quote:
Originally Posted by TexTushHog
Regarding the lesser included submission, I'm not sure. When I took the bar many years ago, the Defendant could gamble and object to the charge including a lesser included offense and make it an "all or nothing" case. However, I seem to have heard that this has changed. The Court may no instruct on a lesser included if the evidence supports in over the objection of the Defendant. But I'm not sure.
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I did some searching before I saw your post, and found this..
https://www.rosenthalwadas.com/lesse...nse-important/
if I interpret correctly, it seems to say that the Judge can instruct the Jury to consider a lesser charge, and that only occurs after the trial is finished. which would mean for now, Murder is the only option to consider. the Attorneys for both sides can ask the Judge to instruct the Jury to consider a lesser charge, but she will not do it unless requested (if I understand right). the Attorneys must agree (I think), so if Amber's Attorneys say "no, it's murder or nothing else", that rules.
if I spelled it out correctly, Amber should go all in for Murder.. she will not get convicted.
if I'm wrong on my interpretation, please correct me. it is clear, though, that all the media sources who have said the Jury can convict on a lesser charge have JUMPED THE GUN
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09-24-2019, 08:15 AM
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#375
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Premium Access
Join Date: Jan 17, 2014
Location: USA
Posts: 12,582
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