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Guandique trial goes to jury
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rd



Joined: 13 Sep 2002
Posts: 9273
Location: Jacksonville, FL

PostPosted: Tue Nov 16, 2010 11:36 pm    Post subject: Reply with quote

wow. This is a great job. I couldn't have done better myself, if I say so myself.

rd

from Michael Doyle's Suits & Sentences blog at McClatchey:

http://blogs.mcclatchydc.com/law/

Chandra Levy murder trial 11/16: Gary Condit 'stars' in closing arguments

[excerpt]

During a lengthy closing argument, defense attorney Santha Sonenberg spent considerable time attacking Condit's credibility and suggesting, without coming right out and saying so, that he still merits suspicion.

"He does things like a guilty man," Sonenberg said. "He doesn't cooperate with police...even now he doesn't answer questions."

Trial testimony demonstrated what everyone has known for years: Condit had a sexual relationship with Levy, who was three decades his junior. Most vividly, an FBI forensics examiner testified that a semen stain in Levy's panties matched Condit's DNA. Condit refused, though, to say while testifying whether he had an affair with Levy.

Condit called it a matter of privacy. Sonenberg, though, cast Condit's refusal as another example of his having something to hide. She cited, as well, Condit's taking the Fifth Amendment rather than testify before a grand jury in April 2002. The questions Condit would not answer, Sonenberg said pointedly, could have to do with a "motive" for killing Levy.


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Rainbow



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PostPosted: Wed Nov 17, 2010 12:08 am    Post subject: Unanswered Questions Reply with quote

Were the questions the grand jury asked Mr. C. ever made public?
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rd



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PostPosted: Wed Nov 17, 2010 12:24 am    Post subject: Reply with quote

No, they wouldn't be, it's a grand jury. The only reason Sonenberg can talk about it is because Condit testified he took the Fifth. Of course it was well known but the attempt was to explain it away.

That made it testimony she can point out to the jury, as she did so well.

But the questions were never asked, because he would take the Fifth right away and refuse to answer anything instead of taking the Fifth at an incriminating question.

The questions would be along the lines of those posed in Murder on a Horse Trail, in my opinion.

rd
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Rainbow



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PostPosted: Wed Nov 17, 2010 12:46 am    Post subject: Reply with quote

Thank you, RD.
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jane



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PostPosted: Wed Nov 17, 2010 9:53 am    Post subject: Reply with quote

http://www.tbd.com/blogs/tbd-justice/2010/11/chandra-levy-verdict-jurors-begin-deliberations-in-guandique-case-4735.html
excerpt:
    ....The government alleges Guandique killed Levy during some sort of attack at the park, located in Northwest Washington. Their strongest witness was likely jailhouse informant Armando Morales, who testified that Guandique had confessed to Levy's death while they were housed together at a Kentucky prison.

    "This case essentially rises or falls on whether you can believe Armando Morales beyond a reasonable doubt," defense attorney Santha Sonenberg told the jury.

    Sonenberg and her co-counsel, Maria Hawilo, are hoping that the word of an inmate won't be enough for a conviction. In her closing argument, Sonenberg said the government hadn't proven it's case against Guandique and was asking the jury to assume too much.

    "You have to wonder whether Ms. Levy's already dead body was taken to Rock Creek Park," Sonenberg suggested during her remarks.

    She also again floated the name of former U.S. Rep. Gary Condit, D-Calif. ....

    ....Sonenberg on Tuesday said Condit was treated with kid gloves during the investigation, though she said he behaved "like a guilty man."

    "Gary Condit got special treatment all the way through to his testimony here," Sonenberg said....

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sigsky



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PostPosted: Wed Nov 17, 2010 10:23 am    Post subject: Reply with quote

http://www.mcclatchydc.com/2010/11/16/103814/levy-trial-prosecutors-defense.html
From Michael Doyle article above:

“We know something terrible happened to her,” Haines said. “We know that what happened in those woods was ghastly.”

"Noting that Levy’s clothes were found inside out, with her black exercise tights tied into knots, Haines suggested one scenario whereby Levy was stripped naked and “had leaves and mud stuffed in her mouth as a gag, and she lives for days, potentially, not being able to make it out of the woods.”

Is there any way the jury will buy this stuff? They must realize there is no evidence to support a theory such as this. We know that what happened in those woods? We know nothing.
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jane



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PostPosted: Wed Nov 17, 2010 10:51 am    Post subject: Reply with quote

I think the jury will know this is speculation, sigsky.
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jane



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PostPosted: Wed Nov 17, 2010 12:05 pm    Post subject: Reply with quote

http://www.modbee.com/2010/11/17/1433158/jurors-deliberate-in-chandra-levy.html
excerpt:
    ....Following 10 days of testimony that began Oct. 25, and after closing arguments that lasted much of Tuesday, the 12 jurors reconvened behind closed doors about 9:30 a.m. Wednesday....

    ....Jurors have several decisions to make....

    ....prosecutors ultimately charged Guandique with two counts of felony murder. One count asserts Guandique killed Levy during an attempted robbery. The other count asserts Guandique killed Levy during a kidnapping.

    The kidnapping was when Guandique dragged Levy off of the Western Ridge Trail at Rock Creek Park, according to prosecutors.

    Jurors will consider each count separately. It's possible they could find Guandique guilty of both, one, or neither. In a small victory for prosecutors, the jurors can also consider the lesser charge of second-degree murder if they don't think first-degree felony murder matches the facts.

    A second-degree murder charge means that Guandique showed conscious disregard for Levy's life during a felony, even if he didn't intend to kill her.

    Guandique faces a potential sentence of 30 to 60 years in prison if convicted of felony murder. A second-degree murder conviction can bring a sentence of 20 to 40 years. The District of Columbia does not have the death penalty.

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jane



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PostPosted: Wed Nov 17, 2010 12:10 pm    Post subject: Reply with quote

My concern is that the jury could consider second degree muder an answer to their doubts as to exactly what happened to Chandra.

Guandique is not an upstanding member of society, but I really hope he won't be found guilty of second degree murder, as that means the real killer can relax.

I don't think he'll be found guilty of first degree murder.
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sigsky



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PostPosted: Wed Nov 17, 2010 12:23 pm    Post subject: Reply with quote

Thanks for that, jane. I wondered exactly when the trial was turned over to the jury. At the risk of making a fool of myself I'm going to say the jury should be given another optional charge, entering the country illegally, so at least they can convict him of something.
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rd



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PostPosted: Wed Nov 17, 2010 1:32 pm    Post subject: Reply with quote

sigsky wrote:
http://www.mcclatchydc.com/2010/11/16/103814/levy-trial-prosecutors-defense.html
From Michael Doyle article above:

“We know something terrible happened to her,” Haines said. “We know that what happened in those woods was ghastly.”

"Noting that Levy’s clothes were found inside out, with her black exercise tights tied into knots, Haines suggested one scenario whereby Levy was stripped naked and “had leaves and mud stuffed in her mouth as a gag, and she lives for days, potentially, not being able to make it out of the woods.”

Is there any way the jury will buy this stuff? They must realize there is no evidence to support a theory such as this. We know that what happened in those woods? We know nothing.


That's like some kind of appeal for emotion to override reason. Like if they are upset enough with visions of a woman bound and gagged in the forest with mud and leaves in her mouth to lay there for days and die will cause jurors to lash out in revenge or something.

I guess this is what justice is called from our Justice Department.

rd
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rd



Joined: 13 Sep 2002
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PostPosted: Wed Nov 17, 2010 1:44 pm    Post subject: Reply with quote

sigsky wrote:
Thanks for that, jane. I wondered exactly when the trial was turned over to the jury. At the risk of making a fool of myself I'm going to say the jury should be given another optional charge, entering the country illegally, so at least they can convict him of something.


That's pretty good. :) It makes a lot of sense. I agree with jane, there will be a temptation not to let an illegal immigrant with the assaults he's committed (and serving ten years for) to walk away scot free. The entering the country illegally charge would give them something appropriate to convict him of.

I think Sonenberg made the case well in closing arguments that Condit is more of a suspect than Guandique is, and that neither Chandra nor Guandique was there. She made the point that Chandra was brought there dead later rather well.

The second degree murder conviction would be based on believing the cellmate confession story, and I think they saw how he lied to them with a straight face about what the defense investigator was wearing, short clothes, etc. They could see that lies come naturally to him.

The DNA of another man on her leggings I think is the convincing evidence to them that someone other than Guandique should be found and prosecuted. I trust that will be the basis of a Not Guilty on all counts.

rd
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jane



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PostPosted: Wed Nov 17, 2010 1:53 pm    Post subject: Reply with quote

I hope you're right, rd.

This may sound stupid, but I am thinkiing about a spokespersons club (similar to Dale Carnegie program) I used to attend where there were two awards given out each month - best speaker and most improved speaker. I noticed that the most improved speaker award always went, not to the most improved speaker but to the second best speaker. Sometimes people don't really think clearly when assigning labels - but then, when it's a murder verdict there should be careful thought, I hope.
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jane



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PostPosted: Wed Nov 17, 2010 2:49 pm    Post subject: Reply with quote

Recent blog from TBD: http://www.tbd.com/blogs/tbd-justice/2010/11/the-chandra-levy-murder-trial-a-refresher-course-as-jury-delibrations-possible-verdit-draws-closer-4307.html
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Rainbow



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PostPosted: Wed Nov 17, 2010 3:10 pm    Post subject: Canned vs. Uncanny Messages Reply with quote

I listened to three of the messages and recordings in the links you provided, Jane, and I can't believe how calm Mr. Palmer was when reporting the discovery of Chandra's remains!

I also find it uncanny that Mr. Geragos "made a prophecy" about when the remains would be found. This would be an indication that the temporary burial place for Chandra's remains was staged.
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