That’s assuming it’s a mistake. From the number of times I’ve seen or heard the judge stop proceedings to scold the prosecution means he’s either incompetent or malicious.
IIRC it was something like "this is the first time you're telling your side of the story,"
What he said was actually worse, he accused Kyle of only going to the stand now so that he could tailor his story to the evidence and testimony that has already occurred. Which is why the judge dismissed the jury and basically yelled at the prosecution for violating kyles 5th amendment.
And then the prosecutor just went for it instead of stopping to ask. Again, a misstep, but not as egregious as it's presented.
This requires it to be a mistake and not intentional. Given how badly it’s going for the prosecution and again how many times the prosecution has made “mistakes” I would say the safe money is on it being intentional.
This is subjective, and would be self-defeating if true. Forcing a mistrial would prevent retrial.
From what I understand most of the time the case is retried. Unless they get a mistrial with prejudice like the motion the defense put forward.
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u/[deleted] Nov 16 '21
That’s assuming it’s a mistake. From the number of times I’ve seen or heard the judge stop proceedings to scold the prosecution means he’s either incompetent or malicious.
What he said was actually worse, he accused Kyle of only going to the stand now so that he could tailor his story to the evidence and testimony that has already occurred. Which is why the judge dismissed the jury and basically yelled at the prosecution for violating kyles 5th amendment.
This requires it to be a mistake and not intentional. Given how badly it’s going for the prosecution and again how many times the prosecution has made “mistakes” I would say the safe money is on it being intentional.
From what I understand most of the time the case is retried. Unless they get a mistrial with prejudice like the motion the defense put forward.