Comments on: Judge Wu is so screwed

By: S

Tue, 09 Dec 2008 18:03:15 +0000

Mark, the defense requested a bench trial, but the prosecution refused to go along. I think it’s wrong to allow the prosecution to have a vote on that issue. I have always thought the right to a jury trial belonged to the defendant and the defendant alone. If she doesn’t want to be judged by a jury, that ought to end the inquiry.

By: Mark in Jersey

Mark in Jersey — Tue, 09 Dec 2008 03:27:05 +0000

TOS is a private contract… there is no criminal liability for breaking it, as there is no law that holds it in force.

One could just argue lack of “prior notice” in the criminal statutes, as in “void for vagueness”, which is violative of Due Process, right?

We’ve got to get the jury to start considering the facts AND the LAW

I’ve got to read the exact charges and the bill; I’ve just heard of this case, read the history, and it seems insane that the defense put this in front of a jury instead of a judge familiar with technology law.

By: Gideon

Gideon — Thu, 04 Dec 2008 05:19:57 +0000

That’s ridiculous. It’s the “well, I can’t upset a jury’s verdict” mentality. And realistically, what’s the backlash from doing so? A piece in the press?

By: S

Thu, 04 Dec 2008 05:05:55 +0000

I guess I’m just lazy and don’t live up to the high standards of one Juror Kunasz.

As for Judge Wu, I once had a judge say after the jury convicted my obviously innocent client, “Well, the verdict would have been different if this case had been tried to me.” Gah! Then grant the motion for judgment of acquital! Or grant the post-verdict motion for judgment notwithstanding the verdict! You can do that, you know. But, no, instead of doing the right thing, he let my client rot for 7 years.

By: Gideon

Gideon — Thu, 04 Dec 2008 04:34:13 +0000

Wha? Don’t you people read anything? There are links, like, everywhere!

As for Judge Wu, I’d be very (pleasantly) surprised if he grants the motion to dismiss. As more time passes, it gets hazier.

By: S

Thu, 04 Dec 2008 04:30:33 +0000

You have TOS? Am I committing a crime with my comment?

This case is such a mess. The Missouri prosecutors who declined to file charges were right, of course. This judge knows it. That’s why he has thus far taken every opportunity to pass the buck. So the question now is will he pass the buck to the appellate court?