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Old Apr 6th, 2014, 07:11 PM   #1
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The aggressive defense in the Renisha McBride case

The aggressive defense in the Renisha McBride case
04/04/14 08:06 PM
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By Morgan Whitaker

Defense attorneys and prosecutors sparred in court over what could have a major impact in the murder trial of an unarmed black teenager who was shot in the face by a white suburban homeowner last year.

What remains unresolved in the pretrial motions are requests to bring the victim’s lifestyle into play in the case of 19-year-old Renisha McBride, who was fatally shot by 55-year-old Theodore Wafer after she showed up at the front porch of his home in suburban Detroit on Nov. 2.

Attorneys launch aggressive defense in porch shooting
In pretrial motions filed in advance of a Friday hearing and reported on by the Associated Press this week, attorneys representing Wafer, who faces second-degree murder and manslaughter charges, argued photos from McBride’s phone that show her with marijuana and alcohol should be entered into evidence.

Defense attorney Cheryl Carpenter said those images, along with text messages and prior legal troubles, are relevant to “whether Ms. McBride had a character trait for aggression.”

Carpenter on Friday press for Judge Qiana Lillard to also recuse herself from the case, citing an appearance of impropriety in the judge’s social media use. Carpenter pointed to how Lillard joined Facebook and became friends with members of the prosecution shortly after she received the Wafer case, and to campaign donations given by employees in the prosecutor’s office.

Lillard disagreed with the defense and declined to recuse herself.

“The record must show actual bias or prejudice,” she said. Defense attorneys will appeal the matter to presiding Judge Timothy Kenny, who said he intends to make a decision by the end of the month, according to the Detroit Free Press. The trial is scheduled to begin June 2.

McBride had been in a car accident about a half mile away from Wafer’s home a few hours before the incident, and her whereabouts in between those two events are still unknown. Wafer’s defense attorneys contend McBride belligerently banged on the door of his home and that he feared for his life when he fired the ultimately fatal shot. McBride’s family has insisted she was seeking help that morning.

McBride’s aunt, Bernita Spinks, told NBC station WDIV that introducing evidence from the teen’s phone would put her niece on trial, instead of her killer.

“If they’re going to try to make her as the suspect, she was not the suspect,” Spinks said. “She shouldn’t have been killed, and if she was a drug dealer it’s police’s job to arrest her, not for Ted Wafer to kill her.”

http://www.msnbc.com/politicsnation/...a-mcbride-case
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Old Apr 6th, 2014, 07:15 PM   #2
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Re: The aggressive defense in the Renisha McBride case

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Originally Posted by mykarma View Post
The aggressive defense in the Renisha McBride case
04/04/14 08:06 PM
facebook twitter 0 save share group 1
By Morgan Whitaker

Defense attorneys and prosecutors sparred in court over what could have a major impact in the murder trial of an unarmed black teenager who was shot in the face by a white suburban homeowner last year.

What remains unresolved in the pretrial motions are requests to bring the victim’s lifestyle into play in the case of 19-year-old Renisha McBride, who was fatally shot by 55-year-old Theodore Wafer after she showed up at the front porch of his home in suburban Detroit on Nov. 2.

Attorneys launch aggressive defense in porch shooting
In pretrial motions filed in advance of a Friday hearing and reported on by the Associated Press this week, attorneys representing Wafer, who faces second-degree murder and manslaughter charges, argued photos from McBride’s phone that show her with marijuana and alcohol should be entered into evidence.

Defense attorney Cheryl Carpenter said those images, along with text messages and prior legal troubles, are relevant to “whether Ms. McBride had a character trait for aggression.”

Carpenter on Friday press for Judge Qiana Lillard to also recuse herself from the case, citing an appearance of impropriety in the judge’s social media use. Carpenter pointed to how Lillard joined Facebook and became friends with members of the prosecution shortly after she received the Wafer case, and to campaign donations given by employees in the prosecutor’s office.

Lillard disagreed with the defense and declined to recuse herself.

“The record must show actual bias or prejudice,” she said. Defense attorneys will appeal the matter to presiding Judge Timothy Kenny, who said he intends to make a decision by the end of the month, according to the Detroit Free Press. The trial is scheduled to begin June 2.

McBride had been in a car accident about a half mile away from Wafer’s home a few hours before the incident, and her whereabouts in between those two events are still unknown. Wafer’s defense attorneys contend McBride belligerently banged on the door of his home and that he feared for his life when he fired the ultimately fatal shot. McBride’s family has insisted she was seeking help that morning.

McBride’s aunt, Bernita Spinks, told NBC station WDIV that introducing evidence from the teen’s phone would put her niece on trial, instead of her killer.

“If they’re going to try to make her as the suspect, she was not the suspect,” Spinks said. “She shouldn’t have been killed, and if she was a drug dealer it’s police’s job to arrest her, not for Ted Wafer to kill her.”

http://www.msnbc.com/politicsnation/...a-mcbride-case
What kind of shit is this?
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Old Apr 6th, 2014, 07:24 PM   #3
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Re: The aggressive defense in the Renisha McBride case

I dunno. You posted it yourself.
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Old Apr 6th, 2014, 07:28 PM   #4
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Re: The aggressive defense in the Renisha McBride case

Ohhhhh, I see. You are outraged that the accused will attempt to defend himself in court.
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Old Apr 6th, 2014, 07:36 PM   #5
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Re: The aggressive defense in the Renisha McBride case

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Ohhhhh, I see. You are outraged that the accused will attempt to defend himself in court.
Into the circular basket with the other idiots.
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Old Apr 6th, 2014, 07:52 PM   #6
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Re: The aggressive defense in the Renisha McBride case

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Ohhhhh, I see. You are outraged that the accused will attempt to defend himself in court.
Fuck off, racist trash.
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Old Apr 6th, 2014, 08:13 PM   #7
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Re: The aggressive defense in the Renisha McBride case

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McBride’s aunt, Bernita Spinks, told NBC station WDIV that introducing evidence from the teen’s phone would put her niece on trial, instead of her killer.

“If they’re going to try to make her as the suspect, she was not the suspect,” Spinks said. “She shouldn’t have been killed, and if she was a drug dealer it’s police’s job to arrest her, not for Ted Wafer to kill her.”
It really is as simple as that! The victim is not on trial, and even if she was no saint, that does not prove the defendant had any just cause to do what he did!

That judge, though How stupid can you get - joining fb and adding the prosecutors?!
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Old Apr 6th, 2014, 10:53 PM   #8
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Re: The aggressive defense in the Renisha McBride case

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Fuck off, racist trash.
Exactly why I put him on ignore with the other racist trash.
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Old Apr 7th, 2014, 12:16 AM   #9
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Re: The aggressive defense in the Renisha McBride case

Calm your language guys.

Its not uncommon for the accused to try and bring the victim's character into play, but its extremely irrelevant in this instance, especially since I don't think there's any evidence that the accused had intimate knowledge of the victim's character?
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Old Apr 7th, 2014, 03:00 AM   #10
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Re: The aggressive defense in the Renisha McBride case

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Calm your language guys.

Its not uncommon for the accused to try and bring the victim's character into play, but its extremely irrelevant in this instance, especially since I don't think there's any evidence that the accused had intimate knowledge of the victim's character?
theoretically, if the victim is established as being aggressive while high, it gives some credence to the story that the guy shot her because her behavior made him feel he was in danger.
practically, it makes the jury feel like the victim was a bad person who got what she deserved.
same as bringing up an alleged rape victim's past promiscuity.
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Old Apr 7th, 2014, 03:35 AM   #11
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Re: The aggressive defense in the Renisha McBride case

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theoretically, if the victim is established as being aggressive while high, it gives some credence to the story that the guy shot her because her behavior made him feel he was in danger.
practically, it makes the jury feel like the victim was a bad person who got what she deserved.
same as bringing up an alleged rape victim's past promiscuity.

That's true, I just mean that typically "character evidence" about general personality traits or past actions isn't usually admissible towards proof of how they were acting in this specific incident, unless the accused can show they had knowledge of their 'reputation'. Im from Canada though, different laws.
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Old Apr 7th, 2014, 04:45 AM   #12
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Re: The aggressive defense in the Renisha McBride case

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Originally Posted by wild.river View Post
theoretically, if the victim is established as being aggressive while high, it gives some credence to the story that the guy shot her because her behavior made him feel he was in danger.
Quote:
That's true, I just mean that typically "character evidence" about general personality traits or past actions isn't usually admissible towards proof of how they were acting in this specific incident, unless the accused can show they had knowledge of their 'reputation'. Im from Canada though, different laws.
Pretty Much.

He would had to have known her tendency to be aggressive while high or it'd have to be common or accepted knowledge (one that a reasonable person would conclude) that being high causes people to be more aggressive. Both are non-starters for obvious reasons. Regardless, it wouldn't automatically mean he was justified in shooting her if he chose self-defense. He'd still have to explain why he shot an unarmed person through a screen door.

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same as bringing up an alleged rape victim's past promiscuity.
Umm...no. The only thing that would be relevant would be any history of making false claims or rape or any other crime. Promiscuity has nothing to do with rape.
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Old Apr 7th, 2014, 04:55 AM   #13
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Re: The aggressive defense in the Renisha McBride case

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Umm...no. The only thing that would be relevant would be any history of making false claims or rape or any other crime. Promiscuity has nothing to do with rape.
ever follow a rape trial? ever? that's a popular character attack tried by defense attorneys. shame the victim as a slut who willingly had sex and cried rape afterwards.
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Old Apr 7th, 2014, 05:34 AM   #14
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Re: The aggressive defense in the Renisha McBride case

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ever follow a rape trial? ever? that's a popular character attack tried by defense attorneys. shame the victim as a slut who willingly had sex and cried rape afterwards.


Still want to try this? Ok....

Taken directly from the Federal Rules of Evidence for Witnesses.

Quote:
RULE 608: EVIDENCE OF CHARACTER AND CONDUCT OF WITNESS.
(a) Opinion and Reputation Evidence of Character - The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) the evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked.

(b) Specific Instances of Conduct - Specific instances of conduct of a witness for the purpose of attacking or supporting the witness's character for truthfulness, other than convictions of crime as provided in Rule 609, may not be proved by extrinsic evidence.They may, however, if probative of truthfulness or untruthfulness and under the following conditions, be inquired into on cross-examination of the witness concerning the witness's character for truthfulness or untruthfulness or concerning the character for truthfulness or untruthfulness of another witness as to which the character witness being cross-examined has testified.
You did the best you could do...maybe next time you can do a little bit better.
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Old Apr 7th, 2014, 12:54 PM   #15
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Re: The aggressive defense in the Renisha McBride case

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Originally Posted by 2notrump View Post
Still want to try this? Ok....

Taken directly from the Federal Rules of Evidence for Witnesses.



You did the best you could do...maybe next time you can do a little bit better.
http://www.dailykos.com/story/2014/0...saulted-by-Cop

http://sandiegofreepress.org/2014/02...cop-backfires/

http://jezebel.com/5990161/steubenvi...-consented/all

http://www.slate.com/blogs/xx_factor..._a_spider.html

once you outgrow puberty and dumbass gifs, you can learn about the victim blaming that actually takes place in trials instead of sticking your head in the sand
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