News | 7.11.2011 | Comments Off on Possible Mistrial In Swag Murder Case

Written by New York Citizen One
Thursday, November 03, 2011 11:16

In what I can only describe as the best opening statement I’ve ever seen by any attorney, including Mark Mishler, Eric Galarneau ended with a bang…by flashing a picture of the deceased at an enraptured jury at the most dramatic moment possible. This my dear readers, is a no-no.

The audience gasped as Mr. Mansion pointed out the picture flashing of a smiling, humanized victim to the Judge who is a keen listener but is usually multi-tasking and looking down while he is listening. The three defense attorneys raged after the jury was excused…rightfully, I believe, calling for a mistrial, dismissal of the indictments and pointing charges of prosecutorial misconduct at the District Attorney’s Office.

The Judge sharply criticized the ADA asking his “team” they knew he was going to flash a picture of the deceased….the “team members” leaned away from Galarneau like playground kids who “didn’t have anything to do with that misconduct.”

The ADA muttered that they thought they could show the picture which was not provided to the defense in Rosario and was not entered into evidence anywhere. Mansion sternly points out that the ADAs are seasoned attorneys who did this on purpose…and, I’ve got to agree…worth the chance to try to humanize the deceased, huh? But, the Judge tells us, not permissible according to a Court of Appeals ruling.

Team Galarneau were sent to their man cave on the fourth floor and ordered to deliver some kind of proof that their “prosecutorial misconduct,” according to Feit Esq., is permissible. Ya know, I’d hate to see this go to a mistrial now…I was so looking forward to hearing the evidence….but, wrong is wrong.

Read more: http://www.newyorkcitizenone.com/index.php/home/7148-possible-mistrial-in-swag-murder-case

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