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Thread: Man freed after fatal Toyota crash 'tried everything' to stop car

  1. #21
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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by RightinNYC View Post
    The judge cited that as a reason, but it seems like he's just throwing that in in order to justify his reversal of the verdict. Ineffective assistance of counsel is a very high threshold to meet, and is normally raised right after the trial is over. Here, nobody brought it up until after a reporter heard about the Toyota hype and made a big stink about it a full three years after the conviction.
    Well, he was released and the state had the option of granting him a new trial but the District Attorney refused to hold a new trial in the case.

    I don't buy into the Toyota Accelerating on its own bull**** either, so i don't know if this was some sort of political grandstanding on the behalf of the judge or what....

    But I think three years is going to have to be good enough in this case.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

  2. #22
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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by Caine View Post
    Ummmmm..... okay... Your state needs to be investigated for improper practices then.

    In order to convict a person the trial must go to completion and then be decided upon by a jury.
    The jury cannot hand down a guilty verdict before the trial has completed.
    Thus juries convicting to end the trial quickly is a non-point, and just an excuse as to why juries convict people.

    Im sorry, but its not logical that a 10 year old car with no seriously known to that point problems would run away on its own. We are talking about REASONABLE. I feel its not a REASONABLE doubt to have that the vehicle ran away on its own, especially when the defense attorney screwed up and said that the defendant has his foot on the accelerator when it was not the story that the defendnat wanted to try to get off on. It is not the job of a jury to determine whether or not a defense attorney is doing a good enough job and rule based upon that. It is the job of a jury to take the evidence, either direct or constructive, and make a decision based upon the evidence, and whether or not the evidence presented shows that the defendant met the elements of a crime.

    I don't blame the jury, I blame the evidence, and the representation of the evidence through the work of the prosecution and defense attorneys.
    I don't know where you get that assumption from my post that the jury decides the case before the trial is over, but the jury members don't want to be there. Making $30 a day is hardly enough money when several hang sheet rock for a living and can make $200 a day or more and then they are coerced into being a juror. The crap about that it's their civic duty in a free country doesn't fly with most, and definitely doesn't fly with me. If you will check with Niel Boortz, he doesn't think much of coerced jury duty, either. It then becomes a crap shoot on whether the defendant ever receives a fair trial. The jury members want to go home so they deliberate a little bit and convict him. They go around the room and poll their fellow members, and it's unanimous. If he's here in the court, he's guilty.

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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by RightinNYC View Post
    Why exactly is he being released, other than because some people bought the hype about Toyota's accelerating on their own? Is there any new evidence that he wasn't at fault?
    Well, I hesitate to post this after posting about my Toyota experience.....but, I've never been shy.

    A number of years ago, I had the engine running in front of my mom's house waiting for my husband to hop in the car. As he got in, I put the car in D and stepped on the brake. The car started forward, I stomped on the brake. He held on for dear life while I continued to stomp on the brake as he was only half inside the car. The car was burning rubber trying to peel off as he reached inside and turned off the engine.

    My foot had been on the accelerator. I was soooo convinced my foot was on the brake, that I never would have ever let it go. I thought the car was haunted.

    If I was ever on a jury and someone testified similarly that this is what happened to him, I'd buy it -- 'cause it happened to me. Once you think you're stepping on the brake, nothing will change your mind. (I was cold sober, BTW.)
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

  4. #24
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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    I would say even though I don't own one, I am biased towards Toyota, they help Kentucky's economy a great deal so I can't say to much bad about them although I think a lot of the Toyota hate could be manufactured as a means to boost American auto sales, I say w/e they're free game.

    Sucks what happened to this guy and his family though.
    "We’re going to close the unproductive tax loopholes that allow some of the truly wealthy to avoid paying their fair share. In theory, some of those loopholes were understandable, but in practice they sometimes made it possible for millionaires to pay nothing, while a bus driver was paying ten percent of his salary, and that’s crazy." -Reagan

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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by bicycleman View Post
    I don't know where you get that assumption from my post that the jury decides the case before the trial is over, but the jury members don't want to be there. Making $30 a day is hardly enough money when several hang sheet rock for a living and can make $200 a day or more and then they are coerced into being a juror. The crap about that it's their civic duty in a free country doesn't fly with most, and definitely doesn't fly with me. If you will check with Niel Boortz, he doesn't think much of coerced jury duty, either. It then becomes a crap shoot on whether the defendant ever receives a fair trial. The jury members want to go home so they deliberate a little bit and convict him. They go around the room and poll their fellow members, and it's unanimous. If he's here in the court, he's guilty.
    A. Ive seen plenty of not guilty sentences handed out by a jury.
    B. Deliberation isn't supposed to take days, contrary to television. A jury two weeks ago in court deliberated for a total of 3 hours and was determined hung and the case had to be re-tried.
    C. Hung juries don't occur when everyone just decides he is guilty and leaves.

    So no, Actually having seen several jury trials, and testifying in several as well, the longest part of the trial is the part they cannot control.... the actual trial.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by Caine View Post
    Juries are just using common sense. How were they supposed to actually believe that a vehicle magically started accelerating on its own?
    This kind of comment just makes my blood boil. People seem way too trigger happy to become outraged at people, after the fact, for using common sense to make a seemingly sound judgement call.
    First of all, anyone with two brain cells to rub together knows that it doesn't take "magic" for a car to have a malfunction that can cause acceleration. Secondly, it only takes a shadow of a doubt to let a guy go.

  7. #27
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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by jallman View Post
    First of all, anyone with two brain cells to rub together knows that it doesn't take "magic" for a car to have a malfunction that can cause acceleration. Secondly, it only takes a shadow of a doubt to let a guy go.
    WRONG....

    It takes a REASONABLE doubt, if your going to get all matter of fact on my ass get the facts right first.

    If the defense didn't lay out compelling evidence to make a reasonable belief that the vehicle just started going off on its own, then common sense would dictate that these individuals would find him guilty.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by Caine View Post
    WRONG....
    No, I was correct. You are dismissed.

  9. #29
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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by jallman View Post
    No, I was correct. You are dismissed.
    Excellent Debating tactics.....
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Man freed after fatal Toyota crash 'tried everything' to stop car

    Quote Originally Posted by Caine View Post
    Excellent Debating tactics.....
    There isn't much to debate here. It's just more of you being your typical difficult self around here. I'm not going to indulge it like others do.

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