Schwartz strikes again

[Toga]

If the roads were icy, unsafe speed becomes questionable and up to interpretation. The speed limit may be considered unsafe on icy roads.

JB has been driving bad road conditions his entire life. He had Juli and friends in a car. No alcohol. Seems pretty unlikely.

 

[Shark58]

 

[elimunelson]

JB has been driving bad road conditions his entire life. He had Juli and friends in a car. No alcohol. Seems pretty unlikely.

A lot of blind assumptions. Schwartz is raising an issue that aggravates fan of the team but as a member of the media it’s certainly newsworthy to know if he was speeding per the computers.

I vividly remember the 82 Jim Craig trial for vehicular homicide. These things can take unlikely turns.

 

[jgeorge322]

This is from the appeal upon which Fitzpatrick made his name. He did so by cheating.

Having decided that the withheld evidence does not meet the test of materiality set out in Agurs (supra), we would, nevertheless, be remiss if we did not comment on the prosecutor's failure to divulge this information to defense counsel. Considering the circumstantial nature of the proof, the People's theory regarding the time of death, and the defense theory of a gangland execution, it is inconceivable that the prosecutor would not have perceived this information as a valuable lead for the defense. The prosecutor must always be aware of the obligations arising from the public trust invested in him. His responsibility in a criminal prosecution "is not that [he] shall win a case, but that justice shall be done * * * [H]e is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer" (Berger v United States, 295 US 78, 88). The defense should have been provided with the material in question and its significance should not have been overlooked.

Justice sutherland delivers some great lines in the berger case. Two of my favorites:

1. But while he may strike hard blows, he is not at liberty to strike foul ones.

2. The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done

 

[rrlbees]

JB has been driving bad road conditions his entire life. He had Juli and friends in a car. No alcohol. Seems pretty unlikely.

JB was in the car alone.

 

[Toga]

JB was in the car alone.

Really?

 

[bevosu]

Really?

Alone...that's a good thing. Better that Juli wasn't there to witness that. I'd hate to think the affect something like that would have on my wife.

 

[orange79]

Really?

Yes.

He met his wife, his daughter and some friends for a dinner out after the game and was driving alone from the restaurant, Fitzpatrick said. The scene of the accident is between the dome and Boeheim's suburban home.

Syracuse's Boeheim hits, kills man on highway

 

[elimunelson]

Actually all three of those factors are certifiably true.

Sounds like u are wrong. I’m sure more to come here. Vehicular homicide is tricky. Like I said read about Jim Craig. Guy went to trial on it. DA is going to run it up the flagpole evidence wise. The media’s fascination w it is not a unique thing when u are dealing w the largest personality in CNY

 

[Toga]

Sounds like u are wrong. I’m sure more to come here. Vehicular homicide is tricky. Like I said read about Jim Craig. Guy went to trial on it. DA is going to run it up the flagpole evidence wise. The media’s fascination w it is not a unique thing when u are dealing w the largest personality in CNY

I was wrong

 

[CuseFaninVT]

Yes.

He met his wife, his daughter and some friends for a dinner out after the game and was driving alone from the restaurant, Fitzpatrick said. The scene of the accident is between the dome and Boeheim's suburban home.

Syracuse's Boeheim hits, kills man on highway

Makes sense. JB undoubtedly drove to the dome earlier so they would have had 2 cars there.

What I don't understand is how they made the assertion there were no drugs in his system. Not that I believe for a minute that they were. Blood tests typically take two weeks, or so it seems from other cases.

 

[samspann1]

Be better tomorrow, Schwartz.

Ideally, yes. But doubtful.

 

[SBU72]

JB has been driving bad road conditions his entire life. He had Juli and friends in a car. No alcohol. Seems pretty unlikely.

I am not questioning JB's driving. Not at all. Just saying when mentioning driving at unsafe speeds doesn't mean driving at the speed limit. Trust experience upstate drivers to understand

 

[PhatOrange]

A lot of blind assumptions. Schwartz is raising an issue that aggravates fan of the team but as a member of the media it’s certainly newsworthy to know if he was speeding per the computers.

I vividly remember the 82 Jim Craig trial for vehicular homicide. These things can take unlikely turns.

Really? How is anyone going to determine his speed?

 

[DocFlanders]

Makes sense. JB undoubtedly drove to the dome earlier so they would have had 2 cars there.

What I don't understand is how they made the assertion there were no drugs in his system. Not that I believe for a minute that they were. Blood tests typically take two weeks, or so it seems from other cases.

Blood tests take about 20 minutes if you have a lab and don’t send it off. No idea if SPD has their own crime lab that can do this or not though.

 

[CuseFaninVT]

Blood tests take about 20 minutes if you have a lab and don’t send it off. No idea if SPD has their own crime lab that can do this or not though.

For drugs as well? Didn't know that.

 

[DocFlanders]

Blood tests take about 20 minutes if you have a lab and don’t send it off. No idea if SPD has their own crime lab that can do this or not though.

But if he blew into an intoxilyzer which he did the alcohol testing is instant.

 

[Capt. Tuttle]

You know he wasn't going too fast because he never lost control of his vehicle, and was able to avoid a vehicle that covered 2 lanes

 

[Capt. Tuttle]

For drugs as well? Didn't know that.

There really seems to have been no reasonable suspicion to even do a BAC test. An accident in and of itself is not suspicious for DWI. Glad they did it, if for no reason other than optics.

 

[two3zone]

There really seems to have been no reasonable suspicion to even do a BAC test. An accident in and of itself is not suspicious for DWI. Glad they did it, if for no reason other than optics.

He was probably asked where he was coming from and with his answer they could have assumed he had a drink.

 

[Sudano]

Yes he did say that, but he wasn't speaking from facts. The police said they don't know and will be downloading data from his car's computer to determine the speed. So while I am absolutely no fan of MS, what he says is not incorrect. It is possible they could retrieve that data and determine JB was traveling at an unsafe speed.

What is an unsafe speed?

 

[Cuseregular]

You know he wasn't going too fast because he never lost control of his vehicle, and was able to avoid a vehicle that covered 2 lanes

And was able to stop so soon after the collision.

 

[STEVEHOLT]

This is in very poor taste but Schwartz can go take a long walk on 690

 

[Cheriehoop]

Yes.

He met his wife, his daughter and some friends for a dinner out after the game and was driving alone from the restaurant, Fitzpatrick said. The scene of the accident is between the dome and Boeheim's suburban home.

Syracuse's Boeheim hits, kills man on highway

JB gets to the dome early before a game. Can’t blame Juli for not wanting to sit around a few hours before game time while her husband and team goes through game day routines.

 

[HoustonCuse]

What is an unsafe speed?

Exactly. The DA is basically saying he'd have to be shown to have been doing 100 for it to be unsafe. In other situations a DA could hose somebody and charge them for going 25 if there was fog or ice or whatever.