Is This Impartial Justice? How Can Judge Not Call Mistrial?

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  • Ingomike

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    The Roger Stone trial is unreal if one steps back and looks without political glasses on.

    Besides the aggressive government prosecution of a process crime with no underlying crime the jury is tainted beyond belief and the judge will do nothing about it. It is easy to say he can likely win on appeal but the cost of this in life and treasure is itself an enormous penalty to an old man who has been nothing short of persecuted by the deep state. Take the virtually unprecedented move of a predawn guns drawn raid of an old man and woman, leaked to CNN for maximum humiliation.

    Read this and tell me it's impartial and you would be fine with a foreman of your jury being that opposed to you.

    Jury Foreman In Roger Stone Case Was Trump-Hating Russia Collusion Hoaxer

    Social media posts from the lead juror in the Roger Stone trial, who is “standing up” for the four prosecutors who withdrew from the case this week, reveal she was a perpetuator of the grand Russian collusion conspiracy theory in addition to showing an obvious bias against Stone.
    In March of 2019, Tomeka Hart tweeted about the Mueller indictments which, at the time, included Stone.


    “Ignoring the numerous indictments, guilty pleas, and convictions of people in 45’s inner-circle, some Republicans are asserting that the Mueller investigation was a waste of time because he hasn’t found evidence,” Hart wrote on Twitter sharing from a now-deleted Facebook post.

    Ignoring the numerous indictments, guilty pleas, and convictions of people in 45’s inner-circle, some Republicans are asserting that the Mueller investigation was a waste of time because he hasn’t found evidence of… https://t.co/HxDodwFxFF
    — Tomeka Hart (@hartformemphis) March 24, 2019


    Two months earlier, she even tweeted about Stone’s arrest and posted an article laying out Stone’s indictment.

    The article she links to, here's The Wayback Machine screenshot of it from the day she tweeted it out. It had all the info about Roger Stones indictment in it: https://t.co/RRPyygMZSo pic.twitter.com/RuPrY5rlGr

    — Shem Horne (@Shem_Infinite) February 13, 2020


    In August last year, Hart also tweeted that anybody who supported President Donald Trump was racist.


    “Then stop being racists. Co-signing and defending a racist and his racist rhetoric makes you racist. Point blank,” Hart wrote on Twitter while linking to a piece in the Atlantic of Trump supporters complaining about the label constantly being lodged against them.

    Then stop being racists. Co-signing and defending a racist and his racist rhetoric makes you racist. Point blank. https://t.co/nFHYy8Nm7n

    — Tomeka Hart (@hartformemphis) August 2, 2019


    But believe it or not, it gets worse. While Hart was serving on the jury, she tweeted about the president’s impeachment, sharing a letter to the editor in the New York Times requesting the outlet use more direct language to accuse Trump of committing a crime in his dealings with Ukraine.

    “A plea from 33 writers: Please use language that will clarify the issues at hand.

    Please stop using the Latin phrase “quid pro quo” regarding the impeachment inquiry. Most people don’t understand what it… https://t.co/AmKW4Zqxu5
    — Tomeka Hart (@hartformemphis) November 10, 2019


    There are also these tweets from 2017:

    "Fox News keeps pushing excuses for Trump Jr.'s collusion with Russia that are just really, really bad." https://t.co/JUA4TuWb2N
    — Tomeka Hart (@hartformemphis) July 14, 2017
    TRUMP, PUTIN, AND THE NEW COLD WAR
    What lay behind Russia’s interference in the 2016 election—and what lies… https://t.co/cnf7u327vw
    — Tomeka Hart (@hartformemphis) March 4, 2017


    Hart declared Wednesday that she was going to “stand up” for the prosecutors pushing for a seven to nine-year imprisonment for the 67-year-old first-time offender convicted on obstruction of a congressional investigation and witness tampering. The overly harsh sentence caught officials at the Justice Department by surprise and drew condemnation from Trump who took out his anger on the prosecutors on the case who have now quit.


    Hours after Trump declared the sentence “horrible and very unfair,” the Department announced it would seek a shorter imprisonment.


    https://thefederalist.com/2020/02/13/jury-foreman-in-roger-stone-case-was-trump-hating-russia-collusion-hoaxer/
     
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    HoughMade

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    Well, it's certainly interesting. Be assured Stone's attorneys will make as much hay with this as they can.

    Step 1 is verifying the authenticity of this information (which is always step 1).

    Step 2 is going back to the questionnaire(s) and vior dire of this juror to see if this information contradicts her previous, sworn statements.
     

    Mikey1911

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    Well, it's certainly interesting. Be assured Stone's attorneys will make as much hay with this as they can.

    Step 1 is verifying the authenticity of this information (which is always step 1).

    Step 2 is going back to the questionnaire(s) and vior dire of this juror to see if this information contradicts her previous, sworn statements.
    Is Step 3 concluding that making false statements during voir dire constitutes perjury?
     

    HoughMade

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    Is Step 3 concluding that making false statements during voir dire constitutes perjury?

    It does. Both questionnaires and vior dire are under oath.

    Challenging a verdict based upon juror misconduct, once it has been determined that there was juror misconduct, when politics aren't involved, is not as straight-forward as you would think. However, if the information about her above, which we have to assume every juror was questioned about, is true....this will be interesting.

    I am assuming that none of this information came out until now because she never would have been on the jury otherwise.
     

    HoughMade

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    Hough, can a judge move to declare a mistrial on his/her own or does it have to be a motion from the defense

    A judge can declare a mistrial sua sponte (on his own) and should if there is an injustice being perpetrated. Usually, it comes as a result of a motion.
     

    Ingomike

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    A judge can declare a mistrial sua sponte (on his own) and should if there is an injustice being perpetrated. Usually, it comes as a result of a motion.

    Highly unlikely in this case as the judge has engaged in many things in the conduct of this trial that many believe would also achieve a mistrial...
     

    Kutnupe14

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    Jurors can have political opinions. Not liking the Trump administration isn’t grounds for a mistrial. Did she make reference to Stone in any statements prior to becoming a juror?
     

    HoughMade

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    Jurors can have political opinions. Not liking the Trump administration isn’t grounds for a mistrial. Did she make reference to Stone in any statements prior to becoming a juror?

    Well, actually it may be grounds. How much Trump talk and Stone being connected to Trump was there at the trial? The information above may well be enough. However, as I stated above, regardless of that, did she lie during jury selection? If so, that alone would be enough in other​ cases. How do I know? I have made, had granted and denied motions for mistrial. I have had jurors dismissed in the middle of trial because of untrue questions in voir dire. I have had the opportunity to argue, on appeal, both on the granting and denial of motions for mistrial.

    What I do not know is how verified the statements above are and exactly what questions were posed to her which the statements may relate to. The mechanics of what can (but not always will) result in a mistrial, I know a bit about.
     

    Ingomike

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    Well, actually it may be grounds. How much Trump talk and Stone being connected to Trump was there at the trial? The information above may well be enough. However, as I stated above, regardless of that, did she lie during jury selection? If so, that alone would be enough in other​ cases. How do I know? I have made, had granted and denied motions for mistrial. I have had jurors dismissed in the middle of trial because of untrue questions in voir dire. I have had the opportunity to argue, on appeal, both on the granting and denial of motions for mistrial.

    What I do not know is how verified the statements above are and exactly what questions were posed to her which the statements may relate to. The mechanics of what can (but not always will) result in a mistrial, I know a bit about.

    Appreciate the expertise and input on the topic...
     

    Cameramonkey

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    I heard on the radio today that apparently there are quite a few social media rants directed specifically at trump and Stone. If true, I dont see how it isnt a mistrial. And perjury
     

    Kutnupe14

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    I heard on the radio today that apparently there are quite a few social media rants directed specifically at trump and Stone. If true, I dont see how it isnt a mistrial. And perjury

    And Stone? By jurors? I haven't heard that tidbit, as obviously that would prove bias beforehand. Is there anything published (as in not radio) that makes that claim?
     

    Ingomike

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    And Stone? By jurors? I haven't heard that tidbit, as obviously that would prove bias beforehand. Is there anything published (as in not radio) that makes that claim?

    Two months earlier, she even tweeted about Stone’s arrest and posted an article laying out Stone’s indictment.

    The article she links to, here's The Wayback Machine screenshot of it from the day she tweeted it out. It had all the info about Roger Stones indictment in it: https://t.co/RRPyygMZSopic.twitter.com/RuPrY5rlGr

    — Shem Horne (@Shem_Infinite) February 13, 2020

    She tweeted an article about him

     

    Kutnupe14

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    Two months earlier, she even tweeted about Stone’s arrest and posted an article laying out Stone’s indictment.

    The article she links to, here's The Wayback Machine screenshot of it from the day she tweeted it out. It had all the info about Roger Stones indictment in it: https://t.co/RRPyygMZSopic.twitter.com/RuPrY5rlGr

    — Shem Horne (@Shem_Infinite) February 13, 2020

    She tweeted an article about him


    I see the article, but I don't see any connection to the juror, other than what the Shem guy says. All the other tweets have her name attached, but the one in questions doesn't appear to.
     

    Ingomike

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    I see the article, but I don't see any connection to the juror, other than what the Shem guy says. All the other tweets have her name attached, but the one in questions doesn't appear to.


    I don't do Twitter to check but she may have removed like so many do when called out...
     

    Kdf101

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    From what I have read of the case, I don’t have a lot of sympathy for Stone, but maybe I don’t know enough. IF it is true about the juror, then it would, at least in my mind, warrant a mis trial. We have just come off a completely political impeachment, and what you think seems largely to be determined by which side you support; we don’t need this kind of politics in criminal trials. If that is where we are, or headed to, we are in bigger trouble as a country than I thought.
     

    Tombs

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    Trump has a moral obligation, IMO, to pardon Roger Stone and many others who were harmed by this witch hunt.
    So many people who were by his side every step of the way and went to the gallows still sticking by him.
     

    Ingomike

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    From what I have read of the case, I don’t have a lot of sympathy for Stone, but maybe I don’t know enough. IF it is true about the juror, then it would, at least in my mind, warrant a mis trial. We have just come off a completely political impeachment, and what you think seems largely to be determined by which side you support; we don’t need this kind of politics in criminal trials. If that is where we are, or headed to, we are in bigger trouble as a country than I thought.

    More is coming out, she was a dem candidate for representative from Tennessee. Has a lot of partisan posts.
     

    Cameramonkey

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    Regardless, 9 years still seems AWFUL stiff for lying/perjury. I have to loyalty to Trump and his cronies, (they are doing us well but I still dont care for them, still better than the Dems) but I think that just seems to harsh. I've seen worse crimes get far less time.
     

    Kutnupe14

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    Regardless, 9 years still seems AWFUL stiff for lying/perjury. I have to loyalty to Trump and his cronies, (they are doing us well but I still dont care for them, still better than the Dems) but I think that just seems to harsh. I've seen worse crimes get far less time.

    7 felony counts. Including threatening another witness. I’ve seen lesser crimes get more. The sentencing is on the books, and I haven’t seen ANYBODY say that Stone was innocent.
     
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