Elijah Woody not guilty in jury trial

[CitizensHaveRights]

http://www.mlive.com/news/detroit/index.ssf/2015/01/jury_finds_open-carry_advocate.html

http://www.mlive.com/news/detroit/index.ssf/2014/09/detroit_gun_arrest_prompts_unu.html

[linux203]

I would love to hear the judge's rational behind denying the dashcam and introduction of open carry as a defense.

how can a judge allow one MCL to be used in a proceeding but not allow another?

[CitizensHaveRights]

My thoughts exactly, Daniel.
It looks like a job for the judicial tenure commission to me.

I even went to facebook to see the discussion there, but not even a mention of the judge's name, just referred to as 'the judge'.

The excluded portion of the dashcam video might just barely be OK to exclude. Apparently it was commentary by some rather unsavory badge toters which made them look unsavory, and the prosecution and judge thought it might sway the jury towards thinking those perjuring sacks of feces were perjuring sacks of feces.
But prohibiting the defense from making sure that the jury knew the difference between lawful open carry and unlawful concealed carry before asking them to decide which one the defendant was engaged in? Open and shut grounds for granting a mistrial upon appeal if Woody were convicted, and IMO very good reason for separating the judge from further authority over the lives of his fellow citizens. If I were in the gallery, I would have been tempted to ask the judge what made him such an opponent of justice.

[linux203]

But if a layman made disparaging remarks, it would be used to "show frame of mind at the time."

Evidence collected will be used AGAINST you, not FOR you.

[CitizensHaveRights]

And now, even a lack of evidence, like the defendant standing on their 5A rights by refusing to speak, can be used against the defendant, thanks to the brilliant constitutional scholars on the supreme court. (But if you break your silence to say you're taking the 5th, then they can't use it against you in court. Clear as mud, eh?)

[CitizensHaveRights]

Dean Weingarten reports, and quotes attorney James Makowski's story in full:
http://www.ammoland.com/2015/01/detroit-black-open-carry-activist-found-not-guilty-of-concealed-carry

Fully Informed Jury Association's take:
http://fija.org/2015/01/19/jury-finds-open-carry-advocate-not-guilty/

[TheQ]

I would love to hear the judge's rational behind denying the dashcam and introduction of open carry as a defense.

how can a judge allow one MCL to be used in a proceeding but not allow another?

The dash cam footage before the incident is irrelevant to the incident, as a matter of law.

[gryphon]

It might be  relevant in a 1983 action.

[CitizensHaveRights]

It might be  relevant in a 1983 action.

I thought that the excluded portion of the footage was from after the incident, when Elijah was in the back of the vehicle, and one of the arresting officers said something that reflected poorly on their case.

It sounded like they were allowed to use footage which showed Elijah during the incident, with the jacket carefully tucked behind the gun.

[linux203]

If the judge was denying open carry as a defense, the dashcam audio could have had open carry mentioned.

Either way, the judge is a d-bag.

[CitizensHaveRights]

I was thinking much the same, but had a more profane name for it than douche.

If I were a facebooker, I'd ask the attorney if those late pretrial motions were granted after he had time to oppose them, or if they were granted ex parte.