John Ashbrook
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Podcast Appearances
But what I just can't get my head around is how do you, as a defense lawyer, you defend against the more serious charge. You go through all the case. You're focused on the more serious charge. The jury deliberates, says they're hung. I defended the whole case. You defend the whole case based on the more serious charge. They're hung.
But what I just can't get my head around is how do you, as a defense lawyer, you defend against the more serious charge. You go through all the case. You're focused on the more serious charge. The jury deliberates, says they're hung. I defended the whole case. You defend the whole case based on the more serious charge. They're hung.
You give them the Allen charge, which in a lot of jurisdictions, as I've already mentioned, is unconstitutional. To coerce the jury, they still stand tall. And then you say, sorry, we were just joking. We're going to dismiss that. How is that not once in jeopardy on this case? I don't understand that.
You give them the Allen charge, which in a lot of jurisdictions, as I've already mentioned, is unconstitutional. To coerce the jury, they still stand tall. And then you say, sorry, we were just joking. We're going to dismiss that. How is that not once in jeopardy on this case? I don't understand that.
You give them the Allen charge, which in a lot of jurisdictions, as I've already mentioned, is unconstitutional. To coerce the jury, they still stand tall. And then you say, sorry, we were just joking. We're going to dismiss that. How is that not once in jeopardy on this case? I don't understand that.
Well, the defense objected, first of all. The defense strenuously objected to the top count being dismissed. And the reason why the defense bar was so up in arms over the weekend was we don't want this to be a trend where prosecutors overcharge cases. Hey, I'm on the top count. We get two bites at the apple. All right, fine. We didn't get the man one. We'll dismiss that.
Well, the defense objected, first of all. The defense strenuously objected to the top count being dismissed. And the reason why the defense bar was so up in arms over the weekend was we don't want this to be a trend where prosecutors overcharge cases. Hey, I'm on the top count. We get two bites at the apple. All right, fine. We didn't get the man one. We'll dismiss that.
Well, the defense objected, first of all. The defense strenuously objected to the top count being dismissed. And the reason why the defense bar was so up in arms over the weekend was we don't want this to be a trend where prosecutors overcharge cases. Hey, I'm on the top count. We get two bites at the apple. All right, fine. We didn't get the man one. We'll dismiss that.
Make sure you convict him on the man two. But again, it'll never be appealed since he was found not guilty. I see that perfectly.
Make sure you convict him on the man two. But again, it'll never be appealed since he was found not guilty. I see that perfectly.
Make sure you convict him on the man two. But again, it'll never be appealed since he was found not guilty. I see that perfectly.
Unfortunately, it's a story often told, and it is... To some degree, it's repulsive. The whole idea here that you have, first of all, the idea that Daniel Penny would be prosecuted, I know that you want to go under the civil, I just can't leave the criminal. This, to me, was such an outrageous prosecution.
Unfortunately, it's a story often told, and it is... To some degree, it's repulsive. The whole idea here that you have, first of all, the idea that Daniel Penny would be prosecuted, I know that you want to go under the civil, I just can't leave the criminal. This, to me, was such an outrageous prosecution.
Unfortunately, it's a story often told, and it is... To some degree, it's repulsive. The whole idea here that you have, first of all, the idea that Daniel Penny would be prosecuted, I know that you want to go under the civil, I just can't leave the criminal. This, to me, was such an outrageous prosecution.
As a defense lawyer, and I'm not a member of the New York State Bar, but I will tell you that if I was in the criminal defense bar, State Bar of New York, like Arthur, they should be outraged. They should be up in arms. The idea that you can overcharge
As a defense lawyer, and I'm not a member of the New York State Bar, but I will tell you that if I was in the criminal defense bar, State Bar of New York, like Arthur, they should be outraged. They should be up in arms. The idea that you can overcharge
As a defense lawyer, and I'm not a member of the New York State Bar, but I will tell you that if I was in the criminal defense bar, State Bar of New York, like Arthur, they should be outraged. They should be up in arms. The idea that you can overcharge
the somebody bring a prosecution like this the jury coerce the jury by giving an allen charge a dynamite charge and then pull this stunt and have this guy i mean does anybody understand just how over the top this is you already said that i just it i can't moving forward yeah no you must
the somebody bring a prosecution like this the jury coerce the jury by giving an allen charge a dynamite charge and then pull this stunt and have this guy i mean does anybody understand just how over the top this is you already said that i just it i can't moving forward yeah no you must
the somebody bring a prosecution like this the jury coerce the jury by giving an allen charge a dynamite charge and then pull this stunt and have this guy i mean does anybody understand just how over the top this is you already said that i just it i can't moving forward yeah no you must