Michael Slager Motions Hearing Part 1 11/02/16

TL;DR

Defense makes a motion to dismiss the indictment on the grounds of double jeopardy, due process, and cruel and unusual punishment.

Transcript

thanks sir we had a number of pretrial motions to the arts today some have been agreed to with the solicitor will put those on the on the record later but the first one that we have pending is a motion to dismiss the indictment on the grounds of double jeopardy due process and cruel and unusual punishment and then this reshili will be already may i... Read More

Key Insights

• ⚾ The defense argues for the dismissal of the indictment based on double jeopardy, due process, and cruel and unusual punishment.
• ❓ Simultaneous state and federal prosecutions for the same conduct are considered fundamentally unfair by the defense.
• 🤨 The defense raises concerns about the impact of media coverage, specifically the video of the alleged incident, on the fairness of the trial.

Questions & Answers

Q: What are the grounds for the defense's motion to dismiss the indictment?

The defense argues that the indictment should be dismissed based on the Due Process Clause, Cruel and Unusual Punishment Clause, and Double Jeopardy Clause of the Constitution.

Q: Why does the defense believe that simultaneous state and federal prosecutions are unfair?

The defense argues that simultaneous prosecutions for the same conduct in two different courts violate due process, as it places an unnecessary burden on the defendant and leads to financial, emotional, and social consequences.

Q: What role does the media play in this case?

The defense highlights the saturation and distribution of media coverage, including the video of the alleged incident. The defense argues that the media coverage, especially on social media platforms, has created a false narrative and influenced public perception.

Q: How does the defense suggest the media coverage may impact the fairness of the trial?

The defense argues that the extensive media coverage, false narrative, and widespread distribution of information may affect jurors' ability to remain impartial and make a fair judgment.

Summary & Key Takeaways

• Defense presents a motion to dismiss the indictment based on the Due Process Clause, Cruel and Unusual Punishment Clause, and Double Jeopardy Clause.

• Defense argues that simultaneous state and federal prosecutions for the same conduct are fundamentally unfair and violate due process.

• Defense highlights the changes in media landscape and the impact of social media on the coverage of the case, emphasizing the saturation and distribution of information.