Yankee23Fan said:
Jojo the circus boy said:
Yankee23Fan said:
Ramsay Hunt Experience said:
Jojo the circus boy said:
Joe McGee said:
https://www.youtube.com/watch?NR=1&feature=endscreen&v=JConbBhngPM
At roughly the 3 minute mark, they say that the judge has come down on the side of the prosecution 95% of the time. I haven't viewed all of her rulings, but it's not a stretch for people to believe the judge is biased for the State. She had a reputation as a very pro-prosecution judge before she came into this trial and she hasn't disappointed.
The defense got rid of one judge for bias and they received a worse judge. I imagine there is some pretty strong political pressure being applied to this case behind the scenes.
What do the backseat lawyers just entering the thread on the last ####### days of the trial of which they have not watched even 5% of it say now?
:crickets:
The exact same thing we have been saying. You don't judge bias based upon how many calls go either way. The two sides in a criminal prosecution are not the judge's children. There's no principle where they both get ice cream if one gets ice cream. A judge rules on the legal question presented, and it is absolutely impossible to assess the bias inherent in any ruling simply by stating who the ruling favored.
That you would equate the granting of a freaking sidebar conference with substantive questions on jury instructions just illustrates how much you don't understand about this.
Screw that, next time I'm on my feet if I don't get a sidebar, I'm yelling bull**** money grab. That will show them.
Come back when you get shutdown every time for a sidebar across a 45 day trial and then tell us your opinion.

You know, maybe in a way being a lawyer is a problem in a conversation like this. We are trained to respect the bench and many of us have to bite our lips bloody when we do it because it is required of our profession. But people who aren't lawyers don't necessarily have that in their psyche. So, I understand why you would feel the way you do about the judge. Even though it's clear you don't know anything about the rules of evidence and rely way way too much on watching it on TV. But again, as Ramsey has said, that doesn't necessarily mean that you can't understand a lot of what is going on.
But I will tell you this, the best family judge in my courthouse has bloodied me several times in divorce proceedings. From outright making me look bad in front of a client to denying me every courtesy that I though I deserved. I still consider her a great judge because truthfully, I deserved most of it. By the same token, she also goes out of her way to compliment attorneys to their clients at the end of a hearing. It's part of the job. We don't win every argument. We make every argument we possibly can and know that many of them have no shot but we have to make the anyway.
So you agree that a judge is being fair and unbiased when she at least allows you the opportunity to make an argument (i.e. objection), and conversely if she denies you the opportunity to make an argument (via sidebar) then wouldn't you consider that as impartial treatment?
I don't mean to beat a dead horse, but I have watched over 200 hours of this trial in real time, nearly every direct and cross Don West has made including his opening statement when the state received an unheard of 7 sustained objections during his opening statement alone. Judge Nelson shutdown Don West at every opportunity when he requested to approach the bench while court was in session and the jury was present and there was a witness on the stand. That struck me as unusually biased specifically since the state was given free reign to approach the bench whenever they made the request.
The problem is that you're attempting to apply a 1:1 relationship between equal percentage of requests to sidebar allowed and anti-defense bias.
Maybe you're right, maybe this judge tends to favor prosecutors, or doesn't like this defendant or the defense counsel. I can't rule that or some other similar bias out. What I and others reject, however, is your insistance on that 1:1 relationship when there are so many other potential factors at work, such as:
- the greater duty of care on the part of the prosecutor to avoid overstepping bounds that infringe on the accused's right to a fair trial, and which might mean the prosecution needs to ask for more clarification about where those bounds are than does the defense;
- a defense trial strategy that might involve making spurious requests to the judge so that the jury can see them get rejected and perhaps be sympathetic towards the defendant as a result;
- defense attorneys who, more than the prosecutors, are attempting to use side bars as opportunities to re-argue matters that the court has already decided in prior argument;
- defense attorneys who are using the side bar requests as ways to break up the prosecutors' examinations and make them less effective;
- etc.
You have to remember that judges hate side bars as a general matter. HATE them. They are both interruptions to the proceedings that keep the jury waiting, and they're also "proceedings outside the presence of the jury" which aren't really outside the presence of the jury. The jury hates feeling like important information is being kept from them, and of course it's the judge who is the one preventing that information so the judge often feels like the bad guy here.
Most requests for side bars involve matters which either have been, can be, or should have been handled during a regular break when the jury wasn't in the court room. They're appropriate for unforseen "emergencies", or in more limited cases for clarification of some nuance to a prior ruling which might not have accounted for the evidence a witness has just given. Otherwise, you are supposed to take care of your #### beforehand, or make your record afterwards.