cnf
Ruby
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Post by cnf on Jun 11, 2022 19:17:06 GMT -6
I listened to it earlier today! I was coming here to bump this thread, lol
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blurnette989
Emerald
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Member is Online
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Post by blurnette989 on Jun 12, 2022 14:47:19 GMT -6
Anything interesting in it?
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cnf
Ruby
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Post by cnf on Jun 12, 2022 18:18:31 GMT -6
Anything interesting in it? They discuss the motions for the trial moving forward, trial rules, and upcoming jury selection. Zero electronics allowed in court. Press can only report on what they manage to hand write during the trial. All court documents will be sealed too so they can't look over anything.
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Post by mirabelle on Jun 12, 2022 18:49:05 GMT -6
Notes from newest episode:
22 day prelim hearing was held to determine if there was enough evidence to convic/t Paul & Ruben. (Longer than normal)
31 witness testimony in the prosecution's case.
PF charged with murder, RF is charged with helpings dispose of the body after the fact. 2021 Soil samples from under RF's deck detected human blood, blood too old and degraded to yield a dna sample
Judge said enough evidence is present to hold murder trial. Enough evidence to create strong suspicion.
RF age 80, facing max 3 years in prison was released with ankle monitor, instructed not to leave the county
PF remains in jail, no bail.
Defense attorney requests change of venue, which was granted March 30.
Monterey county accepted the trial.
Judge is 1 year younger than KS would be today.
Dual jury trial, 2 juries pooled- one for Paul & one for Ruben.
Usually done this way in cases where one person's testimony could implicate the other in a crime.
More than 1,500 prospective jurors will be summoned.
Judge will not allow audio or video recording of the proceedings.
Media reps are limited to hand written notes and a single photographer will be allowed to take pics of defendants and attorneys, but not witnesses, jurors, etc.
Strict media protocol.
All motions have been sealed.
A '96 interview of PF conducted by DA investigators, statements made by PF would implicate RF. Judge ruled admissible in court.
Request to dismiss the case due to "outrageous gov't conduct":
May 2022 incident with SF (Susan), taking photos of a child of a witness in the case. Investigators seized SF's cell phone to review photos.
Phone is still being investigated. Defense says it's a ploy to search for conversations about a confidential settlement that recently took place. No further elaboration on the settlement.
Denial of photos taken of witness's child.
Motion to dismiss denied. High bar of proof required for "outrageous gov't conduct."
5/27/96 booking photo for DUI warrant, bruising around Paul's right eye visible. Defense does not want the photo allowed. Black eye noted by multiple sources. Booking photo is allowed to be used in the trial granted.
Past drug usage (meth) of a witness who says they were up all night partying doing drugs when PF confessed to the murder and burying body under a skate ramp in a rural town in summer of 1996. Defense cannot ask that witness about drug use, unless specifically pertains to time of the confession.
Request to exclude questions or comment about KS's sexual history or speculation about whether she was pregnant. No medical records confirm this. The request was granted as the judge said it is not relevant and hearsay.
Digital evidence is still being reviewed to see if it is admissible in the trial.
Trial is less than 30 days away. Expected to last through October.
SF allowed in the courtroom for all proceedings except opening statements. No plan to call her as a witness.
Smart family also allowed in the courtroom during the trial. Other witnesses will not be allowed in the courtroom during the trial.
Defense requested only to refer to Kristin Smart by her name and not referred to as a victim, the request was denied.
Next hearing 6/13/22. Potential juror screening starts.
2 weeks of jury selection, then opening statements expected 7/6/22.
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Post by Pumpkinwest on Jun 12, 2022 20:03:34 GMT -6
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Pistol
Diamond
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Post by Pistol on Jun 12, 2022 20:09:36 GMT -6
mirabelle, not all heros wear capes! Thank you! Also I'm happy they granted the request to not include Kristin's sexual history. That is absolutely irrelevant here. Also a big WTF to the request to not refer to Kristin as a victim?!?! Glad that was denied.
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Post by treeofheaven on Jun 12, 2022 20:41:12 GMT -6
mirabelle, not all heros wear capes! Thank you! Also I'm happy they granted the request to not include Kristin's sexual history. That is absolutely irrelevant here. Also a big WTF to the request to not refer to Kristin as a victim?!?! Glad that was denied. This sounds like the Kyle Rittenhouse trial where the judge ruled in the defense's favor. His victims could only be referred to by their names.
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McBenny
Unicorn
#sickomode
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Post by McBenny on Jun 13, 2022 3:27:17 GMT -6
The victim thing is not an unusual ask.
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auburn
Sapphire
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Post by auburn on Jul 15, 2022 23:57:26 GMT -6
The trail begins on Monday. Jury selection finished up this week. They expect the trial to go through October.
The Paul Flores defense team tried once again to subpoena Chris Lambert and ALL notes, recordings, emails. Etc. that he ever had ever in the history of the podcast, including protected information and names of sources. Once again, the subpoena was squashed. It was identical to the first one they filed that also got squashed. I guess they thought they’d shoot their shot with a new judge.
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cnf
Ruby
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Post by cnf on Jul 16, 2022 4:38:09 GMT -6
The trail begins on Monday. Jury selection finished up this week. They expect the trial to go through October. The Paul Flores defense team tried once again to subpoena Chris Lambert and ALL notes, recordings, emails. Etc. that he ever had ever in the history of the podcast, including protected information and names of sources. Once again, the subpoena was squashed. It was identical to the first one they filed that also got squashed. I guess they thought they’d shoot their shot with a new judge. That is a seriously long trial.
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auburn
Sapphire
Posts: 3,558 Likes: 12,880
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Post by auburn on Jul 16, 2022 7:44:39 GMT -6
The trail begins on Monday. Jury selection finished up this week. They expect the trial to go through October. The Paul Flores defense team tried once again to subpoena Chris Lambert and ALL notes, recordings, emails. Etc. that he ever had ever in the history of the podcast, including protected information and names of sources. Once again, the subpoena was squashed. It was identical to the first one they filed that also got squashed. I guess they thought they’d shoot their shot with a new judge. That is a seriously long trial. There are so many witnesses to be called. There have also been a LOT of pretrial motions as the defense has challenged (and lost) a lot of the evidence. There are also two different juries. One for Paul and one for his dad. That took longer than they expected to choose the jurors.
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Post by donnamartingraduates on Jul 16, 2022 10:38:50 GMT -6
I cannot imagine being on a jury for that long.
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auburn
Sapphire
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Post by auburn on Jul 16, 2022 22:56:08 GMT -6
I cannot imagine being on a jury for that long. For $15 a day!!!
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Post by microworm on Jul 16, 2022 23:39:15 GMT -6
I cannot imagine being on a jury for that long. For $15 a day!!! I think my work is better than the going rate for employees. But that's what I hear.
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mc03
Gold
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Post by mc03 on Jul 16, 2022 23:49:56 GMT -6
So in CA, if a person is summoned for jury duty but their employer doesn’t pay for jury duty, they can be excused if it is a financial hardship (I.e. sitting on a jury for that long without pay will be a problem for you). So on these long juries it ends up being government employees and other people who work for employers who pay (and even then, a lot of non government employers that do pay have a limit of 2-4 weeks), independently wealthy people, retired people, etc.
If you are unemployed but say you are actively looking for work and this would impair your ability to find work you can be excused too. Anyway, that’s my random Saturday night CA jury service lesson.
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cnf
Ruby
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Post by cnf on Jul 17, 2022 4:01:06 GMT -6
I cannot imagine being on a jury for that long. For $15 a day!!! Oh, woof, big pay cut for a long stretch of time. Pass.
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auburn
Sapphire
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Post by auburn on Jul 18, 2022 13:31:22 GMT -6
Opening statements started today. Paul’s attorney has asked for multiple breaks already. One was before the prosecutor could even start his opening statement and one was directly after. He also asked for time because of “something that just came up.”
This trial may take a year at this pace.
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Post by RunsforWineandCarbs on Jul 19, 2022 6:11:19 GMT -6
chris lambert will be posting about the trial on his twitter and ig stories.
twitter YOBPodcast.
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Post by RunsforWineandCarbs on Jul 19, 2022 12:54:05 GMT -6
rubens lawyer wasn't ready for opening statements and today delayed due to health concerns.
delay delay delay.
and how are you not prepared for opening statements - you are a lawyer, pull your shit together and act like one.
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Post by Hotcoconuts82 on Jul 19, 2022 12:57:45 GMT -6
rubens lawyer wasn't ready for opening statements and today delayed due to health concerns. delay delay delay. and how are you not prepared for opening statements - you are a lawyer, pull your shit together and act like one. Good Lord 😑
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Post by hugsfordrugs on Jul 19, 2022 13:15:21 GMT -6
So in CA, if a person is summoned for jury duty but their employer doesn’t pay for jury duty, they can be excused if it is a financial hardship (I.e. sitting on a jury for that long without pay will be a problem for you). So on these long juries it ends up being government employees and other people who work for employers who pay (and even then, a lot of non government employers that do pay have a limit of 2-4 weeks), independently wealthy people, retired people, etc. If you are unemployed but say you are actively looking for work and this would impair your ability to find work you can be excused too. Anyway, that’s my random Saturday night CA jury service lesson. Random CA jury duty story - I was in my very early 20's and got called for a murder case they expected to go for a few months if not longer. When I got questioned about it I told them I was single, poor (early 20's lol) and my work paid for 10 days of jury duty. One of the attorneys asked if I had a roommate, which I did at the time, so they asked if my roommate could cover my rent so I could serve on the jury. I literally laughed out loud and told them that's not how roommates work. I was excused by the judge.
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Post by shamycooler on Jul 19, 2022 16:27:46 GMT -6
rubens lawyer wasn't ready for opening statements and today delayed due to health concerns. delay delay delay. and how are you not prepared for opening statements - you are a lawyer, pull your shit together and act like one. I have an issue with your last sentence. Was he unprepared or was he ill and unable to go forward? There’s a big difference between the two. Currently my office is in the middle of a huge triple murder death penalty case. My best friend is the prosecutor and I am the advocate. Two days before openings she was in the ER with kidney stones and openings have been delayed for 3 weeks while we wait for her surgery/recovery. So sometimes shit happens and it’s not about being unprepared.
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cnf
Ruby
Posts: 20,926 Likes: 101,003
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Post by cnf on Jul 19, 2022 17:16:44 GMT -6
Speaking of jury duty, I got my second summons for the delay I placed on my last one in June because I had non-refundable plane tickets. I am not excited to be called for grand jury. Ugh.
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auburn
Sapphire
Posts: 3,558 Likes: 12,880
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Post by auburn on Jul 19, 2022 21:24:30 GMT -6
rubens lawyer wasn't ready for opening statements and today delayed due to health concerns. delay delay delay. and how are you not prepared for opening statements - you are a lawyer, pull your shit together and act like one. I have an issue with your last sentence. Was he unprepared or was he ill and unable to go forward? There’s a big difference between the two. Currently my office is in the middle of a huge triple murder death penalty case. My best friend is the prosecutor and I am the advocate. Two days before openings she was in the ER with kidney stones and openings have been delayed for 3 weeks while we wait for her surgery/recovery. So sometimes shit happens and it’s not about being unprepared. He told the judge yesterday that he did not think they would get to him that day and he was not prepared. It is unclear who was ill today.
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Post by shamycooler on Jul 19, 2022 21:48:33 GMT -6
I have an issue with your last sentence. Was he unprepared or was he ill and unable to go forward? There’s a big difference between the two. Currently my office is in the middle of a huge triple murder death penalty case. My best friend is the prosecutor and I am the advocate. Two days before openings she was in the ER with kidney stones and openings have been delayed for 3 weeks while we wait for her surgery/recovery. So sometimes shit happens and it’s not about being unprepared. He told the judge yesterday that he did not think they would get to him that day and he was not prepared. It is unclear who was ill today. Ahh I see. I’m not following this trial, so I was just going off that one post.
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auburn
Sapphire
Posts: 3,558 Likes: 12,880
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Post by auburn on Jul 19, 2022 22:52:29 GMT -6
He told the judge yesterday that he did not think they would get to him that day and he was not prepared. It is unclear who was ill today. Ahh I see. I’m not following this trial, so I was just going off that one post. It’s hard to believe that he wouldn’t be ready, but that’s what he said. He is Ruben’s (the dad) lawyer. The other two lawyers made their opening statements. Although, Paul’s attorney was really bad. Like, really, really bad. “The blood under the deck isn’t evidence. It’s just a clue.” What?
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Post by RunsforWineandCarbs on Jul 20, 2022 6:37:16 GMT -6
rubens lawyer wasn't ready for opening statements and today delayed due to health concerns. delay delay delay. and how are you not prepared for opening statements - you are a lawyer, pull your shit together and act like one. I have an issue with your last sentence. Was he unprepared or was he ill and unable to go forward? There’s a big difference between the two. Currently my office is in the middle of a huge triple murder death penalty case. My best friend is the prosecutor and I am the advocate. Two days before openings she was in the ER with kidney stones and openings have been delayed for 3 weeks while we wait for her surgery/recovery. So sometimes shit happens and it’s not about being unprepared. no the defense lawyer stated he was unprepared to make an opening statement. If you are the lead lawyer on a case and plan on going to the first day of court, you should be prepared to make your opening statement. If it was my lawyer and I am paying $$$$ for you, you better be prepared.
the health concern came the next day and i do not know who has the health concern; for all we know it is the prosecutor. and if it's legit, you are right shit happens and it just sucks that it happened when it did.
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Post by Deleted on Jul 20, 2022 11:34:12 GMT -6
Speaking of jury duty, I got my second summons for the delay I placed on my last one in June because I had non-refundable plane tickets. I am not excited to be called for grand jury. Ugh. Grand jury sucks. That’s 2+ months of my life I won’t get back. Also I still haven’t been able to track down the juror (not that I’ve tried) who told me that “people with morals like mine are why our country is going down the shitter” because I disagreed with one of the charges they were recommending because I didn’t think it showed criminal intent. I’ve only wanted to track her down so that I could “told you so” to her face because a judge threw out the charges due to lack of criminal intent. I’m not bitter.
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cnf
Ruby
Posts: 20,926 Likes: 101,003
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Post by cnf on Jul 20, 2022 17:59:59 GMT -6
Speaking of jury duty, I got my second summons for the delay I placed on my last one in June because I had non-refundable plane tickets. I am not excited to be called for grand jury. Ugh. Grand jury sucks. That’s 2+ months of my life I won’t get back. Also I still haven’t been able to track down the juror (not that I’ve tried) who told me that “people with morals like mine are why our country is going down the shitter” because I disagreed with one of the charges they were recommending because I didn’t think it showed criminal intent. I’ve only wanted to track her down so that I could “told you so” to her face because a judge threw out the charges due to lack of criminal intent. I’m not bitter. Oh my god, is that how long a grand jury duty lasts!? What the hell kind of trial am I being summoned for? Ugh, byeeeee end of summer break and probably first quarter of school. Fingers crossed I don't get called then. I'd love to serve on a jury, but something that's like only a few days, a week, I don't know. Two plus months, dear god, no thank you. I've got a full time job and three tiny humans. Ain't nobody got time for that. ... Unless I'm sequestered. I may agree to stay in a hotel alone for that long. Lord knows I need a fucking break. Kidding. Kind of.
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Post by Deleted on Jul 21, 2022 13:15:04 GMT -6
cnf, you likely won't get sequestered for grand jury, sadly. I was kind of hoping for it myself. Based on our jury selections... If you have a full time job and 3 tiny humans, they likely won't care. I assume your children have some kind of childcare besides you during the day when you work, so that would knock them out of the equation. (I tried that. They did let the SAHM off, since she *was* the childcare for her young children). And they don't care about your work getting interrupted, unless you were to say that your work would interrupt court proceedings. (I got zero slack for that, but the person who said something along the lines of "I'm the only person who can handle XYZ medical emergency, so if I get called, I have to answer" was let go.) Other things that would typically get you off jury duty won't necessarily get you off grand jury.. for example, we had an attorney and the husband to one of the DA's on our grand jury, which are typically items that would get you kicked out of the jury duty pretty quickly. SAHM, teacher, planned trip to propose to girlfriend, a compromised immune system (we were in fall 2020, so covid concerns were taken pretty seriously), unemployeed but searching for job, and the like were all dismissed without much fanfare. Despite being a PITA, it was actually a really interesting. Two of the cases that we sat for made the news and one made national news. The annoying part is that if you show up and they dismiss you, your one day counts as service and your name's not in the jury pool for 18 months. If you get seated on the jury and serve for 2+ months.. it's also only our of the pool for 18 months. This was my 3rd time being called and having to show up, second time being seated. If/when they call me again and ask if there are any reasons I can't serve, I'll let them know that it's highly likely that many people they called have NEVER served jury duty, and with almost 3.5 combined months spent on jury duty under my belt, I feel like I've more than fulfilled my civic duty and someone else can have a turn.
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