This comment in the Waco paper probably sums it up:
Anyway if the judge rejects the plea there will be a trial.
Hasn’t the judge has already accepted the plea?
https://www.star-telegram.com/news/state/texas/article222888435.htm
It looks like all the Brady evidence document says is there were inconsistent statements, which are filed in an office and not available online. I agree there’s a lot of hinting as to what’s in the file. That hinting seems to me very damaging to the accuser’s reputation.
For anyone interested, here is the accuser’s letter
https://www.star-telegram.com/news/state/texas/article223009415.html
Here is information on recall efforts against the judge. This judge has been controversial in earlier rape cases.
https://www.star-telegram.com/news/state/texas/article223044915.html
Some insight into Baylor campus culture
https://ethicsunwrapped.utexas.edu/video/baylors-silence-on-sexual-assault
I have no idea if the accuser’s statements are true or not, but I’ve been reading about the context.
A Brady notice is required when the prosecutors have exculpatory evidence which may have a material impact on the accused’ guilt and or outcome of trial. No further public disclosure is appropriate. The case isn’t being tried in social media.
Can someone explain why they’re going after the judge in this case? It seems like the decision to make the plea bargain was a choice of the prosecutors, not the judge.
@“Cardinal Fang”: Maybe because the judge has to accept the plea? Or maybe the judge is just a more visible target.
The judge has to approve plea bargains, as he did in this case. I do not think very many cases go to trial once a Brady notice is required.
They are going after the judge because we are living in an era of mob mentality. Inflame a cohort whether or not the facts support it and push an agenda. Facts mean nothing it’s all perception and anyone who lived long enough knows that perception and reality aren’t the same thing and facts count. I am sure the victim is right and the prosecutor was all gung ho to prosecute and may have felt able to get a conviction based on that side of the victim’s compelling narrative …until the facts came to light and then the risk of getting nada outweighed the chance of getting something for the victim. I don’t care if it’s 2 men, 2 women, a man and a woman, or 2 genders I don’t even know about - two drunk people having sex is going to be extremely difficult to prosecute or very difficult to get a stiff penalty in the absence of first hand witnesses to the actual event or videotape.
A inconsistent witness who requires Brady notification is a prosecutors nightmare in consent cases. And most law enforcement and prosecutors are of the belief that its always easy to tell the same story when you are telling the truth. And much more difficult when you are lying.
Sure and it’s a heck of alot easier to tell a what you saw story or what you know story to a friend, a friendly police officer or friendly prosecutor and then realize as a witness you could be sworn into a court of law and testify under penalty of perjury what you saw, what you know and if you’ve bent any truths you will be caught. And with both these people the parents are playing a big part and it can be difficult to tell parents a straight story especially if they are charging ahead and giving statements about something they know nothing about. The victim claims in one of the newspaper articles that the accused had an investigator on the case so things probably changed from day 1 to year 2 or wherever this thing is on the timeline or this would have moved forward differently. I hope the mob leaves the judge alone although I suspect there are crazies who could care less about anything negative about the victim being exposed trying to get him removed from the bench with zero knowledge of the facts. I hope both those kids don’t guzzle any booze for a very, long time. It’s probably a condition of his probation.
But why is the mob going after the judge instead of the prosecutors?
Why is the mob going after anybody? Why do people rush to judgment without facts?
Cardinalfang, your own early post showed rather egregious bigotry toward Texans (assuming they are all racist and sexist) and incapable of assessing a criminal case fairly. It would be so helpful if we all withheld judgment until all the facts are known.
Bully mentality probably. The judge represents the supposed systemic flaws. They aren’t interested in even the few facts that are public like the lack of DNA, the low BAC, Absence of drugs in the screen and who knows what else on top of what has been shared. They just want someone to pay because the decision doesn’t meet their emotional impression of the story. I must say it was poor form on the part of the prosecutor not to tell the woman before it hit the media.