Apr 21, 2021

Two days in a row, missing jurors hold up Brian Daniels' trial

 


Prior to evidence starting in Brian Daniels jury trial, Judge Kelly Neel had told attorneys to have witnesses ready to go and no delays waiting. Deputy District Attorney Luke Bernthal has done an excellent job.

Yesterday, we waited for about half an hour for a juror who did not return at 1:30 after the lunch break. Jury service could not even get hold of this juror and so for a few minutes, everyone sat around in silence until Judge Neel decided to take a break until 2:10. I did not write about it yesterday.

This morning we waited for a missing juror, again. I don't know if it was the same juror. This time it was a few minutes. Nothing can happen until all jurors are present.

Deputy Conflict Counsel subpoenaed EPD Officer Swanson. Judge Neel informed the jurors that due to an unexpected emercency, EPD Officer Swanson will not be testifying until 10:30. He was called to the hospital regarding a minor. Officer Ryan Swanson informed counsel and court. As Judge Neel said, emergencies happen with law enforcement. Wonder if this delay was related to the King Salmon incident today?

"I need everyone back here at 10:30, not 10:35," said Judge Neel. This is the way to run a courtroom and a trial and respect people's times and keep courts organized.

Officer Swanson's was questioned twice by Mr. Leohner, once by Mr. Bernthal. He was on the stand for less than an hour. Mr. Leohner failed to impeach the credibility of Joanna Cloutier and Christina Rosenthal but he did manage to waste time and get the booking photos of his client admitted.

At 11, jurors are hearing closing instructions. 11:26 Mr. Bernthal in his closing was correct to call out Mr. Leohner's dismissive attitude about his client's action. "You cannot put someone in fear of their life" and call it a joke. Using testimony and evidence, Mr. Bernthal said that Daniels cased victims for what defense described as a "prank." Mr. Bernthal used law to describe how Daniels actions fit the elements of the crime charged.

Daniels' fate is in the hands of the jury as of this afternoon.

Previous post:

https://johnchiv.blogspot.com/2021/04/i-am-going-to-fucking-shoot-you.html?m=1

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