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Criminal Law

: Arbitrary and Capricious

ID: tears of a clown

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From the Spokesman-Review:Mistrial declared after tearful opening argumentA prosecutor?s emotional and tearful opening argument in a domestic violence case prompted a Kootenai County judge to declare a mistrial Wednesday. First District Judge Fred Gibler initially assumed Deputy Prosecutor Shane Greenbank?s voice was cracking because the prosecutor was ?possibly forgetting some witnesses? names.? Then, when Greenbank asked for a tissue, Gibler ?assumed it was an allergy.?But as Greenbank continued... Gibler became concerned the prosecutor was emotionally involved in the case and that it might influence jurors, according to minutes from Wednesday?s trial of Grant Gosch on domestic violence charges. Gibler said Greenbank ?crossed the line...? Defense attorney Staci Anderson sought the mistrial...continue to full post

Full post as published by Arbitrary and Capricious on September 05, 2008 (boomark / email).

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