10-06-2023, 06:21 PM
(10-06-2023, 11:30 AM)Duchess Wrote: You present that as if he were tricked, he was not. He wasn't denied anything. As with everyone, he has rights. His attorneys didn't do their due diligence, THAT'S what it comes down to.
No. That is not true. This proceeding, by default, is a bench trial. By the very nature of the statutory charge and proceeding, he is automatically denied a trial by jury.
In the majority of criminal trials, the defendant has the right and choice of bench or jury . . . jury trial is automatic. Not this one.
Pray tell . . . what omitted due diligence would guarantee, that the defendant, would be guaranteed a trial by jury?
If you are to believe, as the judge stated, there were two boxes on the "form" . . . one for jury trial and another for bench.
Again, if you believe the judge, he stated neither was checked.
So . . . if NEITHER box was checked, what gave the judge the authority to proceed . . . as a bench trial . . . without clarification . . . from either the prosecution or defense?
Keep spinning!
