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Super Contributor
Posts: 403
Registered: ‎09-03-2010

No hope of getting a fair trial now.

Here's the backstory --

http://www.wishtv.com/dpp/news/local/east_central/phillips-was-on-duty-at-time-of-death

Basically this was 3 friends who all worked at the local police station going on a late-night bike ride on a dark country road in the middle of nowhere after they'd all ended their shifts and clocked out. Deer and many other animals are hit out there on that stretch of road routinely. There are miles and miles of well-lighted roads they could have ridden on instead.

It wasn't until after his death that suddenly it was deemed a 'TRAINING' bike ride. This guy was NOT one of the bicycle patrol officers. No reflective clothing, etc. was on any of the guys. But given the difference between $12k for his life insurance policy and $150k if he died while 'on duty', it was ruled 'on duty'.

The lawyer for the woman who hit this guy asked for a change of venue, since this was the lead story on every Central Indiana newscast and newspaper for several months. It was denied instantly by the judge, who said there'd be 'no problem' in getting unbiased/uninformed of the case jurors in that county. Keep in mind this county is 90% farmland, with mainly just one small town (county seat where the courthouse is located).

Her lawyer then asked for permission to conduct a mock jury (at the defendant's expense) to see just how many people in that area (not potential jurors, of course) would say they had heard of the case, etc. Again, the judge refused his request immediately.

I have actually served as jury foreperson on a mock jury trial. I didn't realize a judge had the right to refuse to allow one to occur.

This woman might as well skip the trial and just drive herself directly to the jail where she'll live out her days.