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Subject:  Re: The Cost Basis Crisis Date:  7/4/2006  2:10 AM
Author:  TMFPMarti Number:  87669 of 127549

I was on a petit jury once and the (court-appointed) defense attorney made just that point: he offered no evidence on behalf of the defendant, and asked no questions about any testimony offered by the prosecution. He said he needed to present no defense, that the burden of proof was on the prosecution.

This did not go well with the jury. IMAO, the defense attorney should have been disbarred. It is my view that the prosecution did not make a case. It was logically faulty. But the other jurors voted to convict after a few minutes. Since the prosecution's logic was so faulty, I held out for acquittal for a week, but, to my shame, eventually gave in.

That reminds me of my last experience on a criminal jury. When the prosecution finished its case I would have voted to acquit. Lucky for them, the defendent cleared things up when he got on the stand and provided the missing information for them.

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