A motion for a new trial is a completely routine move by the defense; the grounds for the motion are in Penal Code 1181. Just because the motion is filed, doesn't mean there's any realistic chance that it will be granted; look at 1181; does anything in there seem like something that happened in the trial? It seems likely that in a homicide trial, the defense attorney is making some kind of record to avoid any appeal late issue based on ineffective assistence of counsel.
defense has to file it, and probably has to point out that the recent legal entanglements of various witnesses could be considered significant. Probably won't fly. Tree has been toast from day one, nothing's going to change the fact that people got shot, people got killed, and the one common denominator is Tree. Defense can whine all they want about the evidence, but without a viable alternate suspect, the conclusion's pretty obvious.
He apparently is getting 50 years knocked off of his sentence because of a scribner's error. That is not good. He'll still get life, but he could have gotten more that just life.
Between the "expert" witnesses and the "scribners", it's not entirely a pretty picture. Still, the cops caught him and the DA's office got the ball over the line. There will be an appeal, of course, and who knows what will happen, but at the moment, sufficient unto the day . . .
A motion for a new trial is a completely routine move by the defense; the grounds for the motion are in Penal Code 1181. Just because the motion is filed, doesn't mean there's any realistic chance that it will be granted; look at 1181; does anything in there seem like something that happened in the trial? It seems likely that in a homicide trial, the defense attorney is making some kind of record to avoid any appeal late issue based on ineffective assistence of counsel.
ReplyDeletedefense has to file it, and probably has to point out that the recent legal entanglements of various witnesses could be considered significant. Probably won't fly. Tree has been toast from day one, nothing's going to change the fact that people got shot, people got killed, and the one common denominator is Tree. Defense can whine all they want about the evidence, but without a viable alternate suspect, the conclusion's pretty obvious.
ReplyDeleteHe apparently is getting 50 years knocked off of his sentence because of a scribner's error. That is not good. He'll still get life, but he could have gotten more that just life.
ReplyDeleteBetween the "expert" witnesses and the "scribners", it's not entirely a pretty picture. Still, the cops caught him and the DA's office got the ball over the line. There will be an appeal, of course, and who knows what will happen, but at the moment, sufficient unto the day . . .
ReplyDelete