10-30-2007, 12:25 PM
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So Fucking Gay
Join Date: Nov 2004
Posts: 19,714
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Quote:
Originally Posted by Quentin
Don't jump the gun... she was expressing her take of the judge's ruling.
My understanding of the judge's rationale for excluding the evidence was somewhat less persuasive; apparently much of it was disallowed because it did not pertain to materials downloaded/purchased/otherwise obtained in 2006 - the same year the DVDs were purchased by the FBI.
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From what I read of the events in court, some was dismissed due to year of production or acquisition, but the majority of it was dismissed because there was no showing of actual consumption, only of availability.
I know in some states, the obscenity laws EXPLICITLY state that showing of availability is not enough, and one must show actual consumption by the community. While that may not be the law in AZ, it's something I think council should have been prepared for anyway. 
As for the personal counts being dropped, from what I read, that seemed to have a lot more to due with the Government's incompetence, than it had to do with defense council. |
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