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RICHARD COFER

Lunar Occultation of Jupiter (Egress)

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Posts Made By: James Brown

November 17, 2021 10:15 PM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by James Lacey


 They paid a mere nuisance fee and no more.
Hi James:

My guess is that you are both sort of correct.  The WaPo is owned by one of richest guys on the planet right?  Their exposure (and CNNs etc.) would be really high in a civil jury trial, even if their lawyers thought they had a much better than 50/50 chance of winning.  Juries are hard to predict.  So, my guess is that they paid a sum that was significantly less than their calculated exposure, and which was indeed a pittance compared to their overall legal budget for the year.  Absolutely a nuisance settlement from the defendant's perspective.

That said, you, I, Rich, and Nick Sandmann might consider the settlements to be for "a lot" of money.  Contingency fees are controlled by state statute, so his lawyers probably got 1/3 plus expenses, but the expenses would be low, way before any hearings.  In other words, I seriously doubt that they paid Sandmann $1500 to go away.  I'd guess each settlement was in the $100k to $250k range.

Yes Rich, I'm just guessing, as we all are.  You can save the outrage and gratuitous attacks on my credentials.

Jim

November 17, 2021 10:24 PM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by James Lacey


No. That's a complete misrepresentation of what happened. You don't get to carry a concealed weapon, then provoke someone to attack you, then shoot and kill that person, and get to claim self-defense, which is, in a nutshell, what Rittenhouse did. Frankly, I think Rittenhouse will be found guilty of murdering Rosenbaum, but there will be a mistrial on appeal. The Judge has mishandled the case that badly.
Hi James:

I did not watch the trial, I've read about it some, but the coverage is soooo polarized...

Anyway, I did not think Rittenhouse's weapon was concealed.  I thought he was openly carrying a rifle, which might be legal(?), even if not smart, during a riot.  Also, didn't the defense reasonably prove that Rosenbaum attacked Rittenhouse?  Hence all the discussion of whether Rittenhouse's use of deadly force was justified under WI law, which I understand is rather broad.

If Rittenhouse had a right to be there with his rifle, I don't think that this "provocation" of a disturbed man would rise to the level of provocation you are talking about, which would undercut the self-defense argument.  I'm not saying that Rittenhouse is a hero of course, but he may have a legit self-defense argument with respect to any murder charge.

All of the pundits seem to think that a mistrial is coming.  I did hear some sober analysis of the prosecution stepping way over the line when he brought up Rittenhouse's silence after the event.  I can't believe that the prosecutor went there.  The 5th Amendment is sacred of course, and I'm not surprised the judge went nuts at that point.

Jim

November 17, 2021 10:30 PM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by James Brown

Hi James:

I did not watch the trial, I've read about it some, but the coverage is soooo polarized...

Anyway, I did not think Rittenhouse's weapon was concealed.  I thought he was openly carrying a rifle, which might be legal(?), even if not smart, during a riot.  Also, didn't the defense reasonably prove that Rosenbaum attacked Rittenhouse?  Hence all the discussion of whether Rittenhouse's use of deadly force was justified under WI law, which I understand is rather broad.

If Rittenhouse had a right to be there with his rifle, I don't think that this "provocation" of a disturbed man would rise to the level of provocation you are talking about, which would undercut the self-defense argument.  I'm not saying that Rittenhouse is a hero of course, but he may have a legit self-defense argument with respect to any murder charge.

All of the pundits seem to think that a mistrial is coming.  I did hear some sober analysis of the prosecution stepping way over the line when he brought up Rittenhouse's silence after the event.  I can't believe that the prosecutor went there.  The 5th Amendment is sacred of course, and I'm not surprised the judge went nuts at that point.

Jim
p.s.  My wife has been on two criminal juries in the last couple of years.  Nothing like this of course, but lives were in the balance.  Both times she was super impressed with the thoughtful and insightful deliberation that went on in the jury room.   I'm a believer in the system.  Like someone said, it's not perfect, but it is the best we have devised.  

Unlike juries, the press and pundits "know" who is right and who is wrong based upon their preconceptions.  This "foreknowledge" of the "correct" outcome bleeds over to the consumers of their punditry.  You acknowledge this, others can not.  So it goes.  In this case, like all the low profile criminal trials that happen every day, I am hoping that the jury applies the facts to the law, as they are so good at doing, and comes up with a just verdict.  I also wish the press and punditry would respect the process.  Fat chance.

Jim

November 18, 2021 03:03 AM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by James Lacey


Grosskreutz, the only survivor shot by Rittenhouse, testified he pursued Rittenhouse because he thought he was an active shooter. An all too common problem when you start inserting lots of armed civilians into volatile situations.

I'm not saying the defense had not put up a good counter-argument. I'm merely saying if you ignore all of the politics and the left versus right, it seems clear to me that Rittenhouse caused the whole situation.

Here's an analogy.

I'm walking down the street, and I see some people vandalizing cars that are not mine. I tell them to stop. Instead, they flip me the bird. I then pull out my gun, point it at them and ask them to stop. One of the vandals then charges at me completely unarmed. He is threatening, and I'm in fear for my life. So, I fire at him four times, hitting him each time killing him. Am I legally justified in my actions, or is this murder? The above analogy is almost identical to Rittenhouse's actions, and I think he was wrong and caused the whole situation. Rittenhouse had no business being there with a rifle trying to protect property that was not his, and the owners did not ask him to watch. It's not self-defense since Rittenhouse provoked and caused the entire situation. When you do something to provoke a crisis, you cannot use deadly force to defend yourself from the threat you caused. Imagine if you could get away with that what our society would look like.
Hi James:

Rittenhouse would probably be getting on with his life right now, if there had not been a riot going on.  So I do not agree that he caused the whole situation.  Nor do I agree that you "caused" the situation in your hypothetical.  The man who charged you before you shot him quite possibly put you in legitimate fear for your own life. I think that is an issue in the Rittenhouse trial, although I have not read the jury instructions.  Given the circumstances, was your fear for your own well being reasonable?  It matters that the victim chose to vandalize cars.  He chose to charge you when you pulled a gun on him.  

I would not be surprised if you violated a gun law or two or maybe committed manslaughter in many states, but I do not think you committed murder.   

Jim

November 18, 2021 09:43 PM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by James Lacey
On edit: It seems the charge against Rittenhouse for shooting and killing Rosenbaum is reckless homicide, so technically not intentional murder. We do tend to play it loose with the terminology here, though.
Hi James:

This is a good point, I will not be surprised if Rittenhouse is guilty of some sort of manslaughter or lesser crime than murder.  There has not been much discussion of this in the press, at least not that I have read.  

The actual jury instructions are key.  Good jury instructions will spell out in plain language what the elements of and defenses to various crimes are, and what lesser included offenses (if any) can be considered by the jury.  

I read somewhere that if George Zimmerman had been prosecuted for manslaughter, he might have been convicted and jailed.  If that is true, the choices the prosecutor makes, which are difficult in a politically charged case, may have a huge impact.

Jim 

November 18, 2021 09:54 PM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by Richard Davis

Hi Jim,

  You are exactly right in your analysis because it is reasoned analysis, according to the law of Wisconsin.

James says that it was all caused by Rittenhouse?  No, there were violent Joe Biden voters who were bused into the area from other states to cause violence and destruction.

IF one wants to place Blame on 1 individual in particular, it is FAR more reasoned to say that the convicted Felon, Pedophile, and child rapist Joseph Rosenbaum was the Proximate cause of the entire situation that evening. 

Had Joseph Rosenbaum NOT been there trying to instigate violence, committing arson, and running around threatening people, destroying property, Kyle Rittenhouse may have just gone through the night, unaffected. 

The attack on Kyle Rittenhouse by J. Rosenbaum, when he chased him, screaming that he was going to kill him, finally catching him, grabbing the barrel of the gun, attempting to turn it on Kyle Rittenhouse and kill him, initiated the fatal shot that killed J. Rosenbaum, which then initiated the MOB of violent rioters coming down on him trying to kill him.  

Tell me what you disagree with in my posting above.  

Thanks.
Hi Richard:

We agree that Rittenhouse had a legitimate fear for his own life.  James agrees with this too.  James Lacey, not Lebron James, who apparently disagrees.

We might disagree whether the completely unsavory nature of Rosenbaum matters.  Rittenhouse had no way of knowing the pedophile rapist felon stuff, and it is Rittenhouse's state of mind when he pulled the trigger that underlies his claims to self defense.  Rittenhouse did know that he was being chased and threatened and so on.  He did perceive that Rosenbaum was grabbing at his gun.  

Rittenhouse's legit fear for his own life might be enough of a defense, might not be, but Rosenbaum's past sins have nothing to do with it.  You'll probably reply that you never said that Rosenbaum's past life had legal effect, and that is true, you never said that.  You have brought up the pedophile rapist history several times though, so I want to clarify a possible point of disagreement.

We also don't really know what Rosenbaum was thinking, so "grabbing the barrel of the gun, attempting to turn it on Kyle Rittenhouse and kill him..." is what Rittenhouse testified he perceived.  This could be a long ways from what Rosenbaum was actually trying to do.  There is plenty for the jury to deliberate here.

Jim 

November 18, 2021 09:58 PM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by James Brown

Hi James:

The actual jury instructions are key.  Good jury instructions will spell out in plain language what the elements of and defenses to various crimes are, and what lesser included offenses (if any) can be considered by the jury.  
Here they are:

https://www.washingtonpost.com/context/read-jury-instructions-in-kyle-rittenhouse-trial/e32f975c-0af3-4382-80fa-5f4edc8003cc/

I have not read them yet.  This is the law the jurors are considering.  This is what matters, applying the testimony to these instructions.

Jim

p.s.  to James' main point, the WI law on provocation and self defense laid out on page 3-4 of the instructions.  I have only glanced at it so far, but this is going to be a difficult deliberation for sure.

November 18, 2021 10:07 PM Forum: Politics

Kyle Rittenhouse should be a very rich person after he sues everyone in the media who defamed him.

Posted By James Brown

Originally Posted by Richard Davis

If that happens and he is convicted of anything, his lawyers will immediately appeal and although it may take time, the original conviction may be overturned due to prosecutorial misconduct that occurred all through and even after the trial was finished with testimony.  

It was found that the prosecution had deliberately kept exculpatory evidence of drone footage by the cops out of the hands of the defense when they had it all along.

The whole trial was a railroad job by the prosecution and we're finding this out little by little, in bits and pieces.
"It was found that the prosecution had deliberately kept exculpatory evidence of drone footage by the cops out of the hands of the defense when they had it all along."  

If this turns out to be literally true, Rittenhouse walks.  That sort of misconduct can never be tolerated.  J

November 20, 2021 02:30 AM Forum: Politics

Justice was just served.

Posted By James Brown

Originally Posted by Richard Davis
A jury sees through the lies of the prosecution, and they find Kyle Rittenhouse Not Guilty on all 5 bogus counts.

The lefitst media is an utter disgrace and I hope Kyle Rittenhouse sues the pants off the scumbags in the media. 

The process worked well.  
Hi Richard:

I agree that justice was served.  However, did you read through the jury instructions, particularly the parts about self defense and provocation?  I can't imagine anyone reading that and thinking that this prosecution was bogus.  This was a really close case that hinged on facts that could have been interpreted either way.  I am not a mind reader of course, but I'd bet a lot that the jury thought this was a very close case, and the strong presumptions in favor of innocence probably saved Rittenhouse.

Jim

November 20, 2021 02:36 AM Forum: Politics

Justice was just served.

Posted By James Brown

Originally Posted by James Brown

Hi Richard:

I agree that justice was served.  However, did you read through the jury instructions, particularly the parts about self defense and provocation?  I can't imagine anyone reading that and thinking that this prosecution was bogus.  This was a really close case that hinged on facts that could have been interpreted either way.  I am not a mind reader of course, but I'd bet a lot that the jury thought this was a very close case, and the strong presumptions in favor of innocence probably saved Rittenhouse.

Jim
Here is a quote I agree with:

"The law in Wisconsin is very favorable to a defendant claiming self-defense. The prosecution has to affirmatively disprove self-defense beyond a reasonable doubt. If the jury went back there and had some reasonable doubt, then they were to return a not guilty verdict, and that it appears is what they have done," Honig said."

https://www.cnn.com/us/live-news/kyle-rittenhouse-trial-verdict-watch-11-19-21/

Let me personally call a pox down on anyone who:

*  States that Rittenhouse is a hero.
*  Claims that this is some sort of victory for gun rights.
*  Claims that the jury, judge, or process was racist.
*  Claims that the outcome would have categorically and unambiguously been different if Rittenhouse were black.
*  Uses this verdict as an excuse to riot.

We will hear all of this and more in the coming days.  I wonder how many pundits and activists on the L or R will state publicly, that this was a close case and that the jury did their job?

Jim