I haven't been following this

Can somebody give me a "both sides" list of things that have happened regarding the video and potential mistrial?

without prejudice might be the right call.

the prosecution moved its case from its original narrative to provocation (pointing a gun at rosenbaum), now a clear video seems to show provocation by kyle wasn't there, but the defense did not get the ability to argue that to the jury. so the defense thinks the jury may buy Binger's story of provocation, and wont be saavy enough to review the clear video to discount it.

but holy fuck what a shit show.



see above

This post was edited by thesnipa on Nov 17 2021 02:39pm

Easy misunderstanding. No, the HD footage, in fact, shows that the pixels the prosecution claims was kyle's hand was a vehicle mirror. The HD footage in no way supports the provocation claim.

yeah, the argument for that is that there is no real evidence of provocation regardless of how many pixels, and it was clear self defense.
They probably feel good about their chances at a new trial with access to all the evidence instead of this shitshow

the prosecution's case largely now rests on blurry images that we have clear images of. the only risk is the prosecution pulls a double switch and changes from provocation. to idk wtf that would even be. reduced charge on shooting the pedo? idk.

Yes. the prosecution's case was riddled with missteps and their closing argument was an embarrassment. new trial is risky for that and the reasons you stated.
I dont personally like the idea of calling for a mistrial without prejudice. They are in a better position than that.

Lawyer panel theorized that calling for a regular mistrial is a mistake because it increases the chances that if a mistrial ends up being granted it will be without prejudice.

Well I stand by my statement. The goal is to find the truth so let them watch the video. If the prosecutions case was based on Kyle provoking first via pointing his rifle and the video clearly shows that is false the defence should be able to speak to it.

Mistrial without prejudice seems like its right up there with hung jury as a likely outcome now, and both have the same effect

i get what you mean but that's not the case here.

the jury has not yet called for the clearer video, so they're not atm reviewing it. so in their head they have "the prosecutor said he was provoked" but arent watching the clear video of that, because they think only a blurry video exists.

This post was edited by thesnipa on Nov 17 2021 02:54pm

I've seen better defense from the New York Jets.