When these appointed prosecutors and officials let "things slip their minds," it absolutely can destroy a person's life. More importantly, a victim's life! Absolutely inexcusable!
And in this case, DID destroy the guys life. The fact his insurance went up, he can't drive, etc. ALL should be illegal until AFTER his conviction (just kidding, we all know that "Innocent until proven guilty" is a joke, along with the line about "The Prosecutor is there for Justice, not just to win".)
@rex8255 Absolutely, and to callously explain it away as if it wasn't on his high priority list is disgusting! Total disregard for what is had cost this man. Infuriating, and sadly, doesn't surprise me these days!
@@kellyhouse4263 The worst part, at the very end... he submitted two more identical motions. So that's two other innocent (for the moment) people getting screwed.
@rex8255 I should have mentioned that part because it's the most important. This is just one judge, in one town in our country. The number of cases like this must be astronomical. The scariest cases are the child offenders, violent offenders, and murderers who get off for mistakes like this. The victims are victimized by the very system that was supposed to bring them justice! Not counting the corruption ladder that follows.
I think justice is a mistranslation. It was always just supposed to be Just ICE for all. Liber Tea and just ice for all. Something to do with a Tea party.
Not being a lawyer I do have a question and I think many of us do. If a judge made an order to me in a case, and I ignored it, I'd be held in contempt of court. Why are lawyers not held to the same standard?
I'm sure if Larry failed to follow an order of the Court, he would be Sanctioned in some manner. Larry doesn't work for the State, the Judge and Prosecutor BOTH receive their Paychecks from a State account. Can we say conflict of interest???
@@debrakennedy7671 Didnt see Trump in this video or am I blind. Your TDS is showing. Took 14 minutes since this video came out for someone to mention Its TRUMP blah blah blah.
Just remember just because we have to disclose evidence doesn't mean we have to give it unless we intend to use it. That exculpatory evidence thing is just a legal requirement, not a rule. Rules obviously taking president over laws and stuff. Basically we couldn't be f..ked supplying defendants what we have to do for every single case. So it shouldn't be disclosed. I just won't enter any evidence at trial😂. So no evidence, no case, no case = dismissal dumbass.
And don't you just love how the prosecutor claims no problems. Getting dragged into court several times is both costly and inconvenient. But again as we can see, no contempt of court. No dismissal, just DA saying I couldn't be bothered obeying the law.
They’re such hypocrites. If he were in the defendants chair he’d be outraged that a public official couldn’t follow and official order of the court. It’s his sole purpose for existing and he couldn’t even get it right. But no he doesn’t care about other people and how his ineptitude impacts them. Hell, he doesn’t even care about himself very much with the state he carry’s his body around in.
I think the judge is trying to make the prosecutor eat crow by having him have to declare null pros because he knows he can't move forward unless he's got an admission of guilt, which he won't.
You can tell this is a backwater jurisdiction. In any other court, if a prosecutor started researching legal codes and hacking them up while in front of the judge, he'd be thrown out of court.
@@timothyboone5003 - The difference is, that prosecutor knew what his argument was going to be... as he said, he was reading it the previous day. He could have come to court prepared with printed copies of the Rule for the Judge and the Defense, or at least printed copies of an outline describing his argument and citing the Sections and Paragraphs of the Rule applicable to his argument. Instead, he chose to "Wing It", and even did that poorly. The Judge didn't know what the prosecutor's argument would be and had no way to prepare for it ahead of time, but he did express familiarity of the rule. And judges routinely make decisions "on advisement" where they take time to review matters and make a decision after a brief recess, or sometimes after a few days or weeks or more. While it can happen, a Judge isn't expected to always make a decision "on the fly" immediately after hearing an argument.
I work in the courts in a large American city. Where I work, when prosecutors don’t know something or forget something, the judge fixes it for them. Judges are generally very scared to dismiss cases.
Did anybody else hear the same thing from the persecutor? What I perceived from the persecutor was our cops arrested him, and therefore we don't give a rat's ass how long this process takes or what damage it does to his life, we will get to it when we get to it, and any errors made on our part are not hurting us at all, so f*** you.
It seems to be standard practice for traffic stuff. DUI arrests as pointed out are guilty until proven innocent. Your job and insurance are affected before you stand one day in court. And you can be charged because you didn't dance the way the officer required. Even after blowing 0.00 on the breath test.
he knew the rule about discovery and trial-date, it isn't his job to push for a trial date, he confirmed there wasn't a set trial date before leaving the demanded discovery on a desk to be ignored until it couldn't be, it's no skin off his back to delay. If the judge wants to expedite the process, he has the power to do so, and the defense has the power to push for an expedited trial date. That happened here. It still amazes me that the prosecutor just flat out ignored the previous order to provide discovery by a specific deadline. he has done that before and will certainly do it again beyond the few instances mentioned right here in this video.
He should be in Jail for contempt. This prosecutor is clearly abusing this man’s constitutional rights. I don’t care if it’s for jaywalking or murder, the prosecutor needs MORE than a simple sanction by the BAR, he should be in JAIL.
The prosecutor is an embarrassment and obviously has zero respect for the judges order ! He needs to go and learn the law and stop taking the people’s pay check.
While that is true the real villain here is the judge by not censuring the prosecution for not abiding by a court order. If the court will not stand behind it's own order then the court has no jurisdiction period. The judge should have dismissed the trial right then and there with no loyalty to either party. The state failed right out of the gate. The law of levity says tie goes to the runner.
So the prosecutor was too lazy to do his job. How can there be any defence when no discovery was forthcoming. The cost is always on the defendant and it’s always their life that is damaged. The prosecutor seems to think that as it’s a DUI he just be guilty and so what’s the issue. The prosecutor was not at all sorry for his tardiness and was totally unprofessional in the way he swung in his chair while making excuses like a child.
So only new evidence can be used? How would there be any new evidence in a dui case? Maybe some mystery witness that comes forward? Sounds like a lost case for prosecutor. But of course he will go forward with it because of his ego wants the defendant to rack up more attorney fees. Nothing in the judicial system has anything to do with justice.
@@Look_What_You_Did The Cops can still come in and testilie... I mean testify. I wonder if that's why they didn't want to give up the evidence. If the prosecution can get it down to Cops saying "He looked drunk to us", and the Defense saying "He wasn't", they might have a chance.
@@rainman6080 the issue is not everyone can afford good lawyers so it would still happen when they knew the people are crappy public defneders if they knew there was jail/prison time for themselves that would instantly change behavior....its it like a domestic violents law requring charges
@SlyNine I wonder what evidence has already been entered... besides the traffic ticket?! If that's literally all they have and still wish to go forward and not dismiss... I'd love to see them sued for malicious prosecution, after Larry wins the case of course.
I understand if it were one or two weeks. It happens to all of us. But here we are talking about three months. Imagine forgetting to do your job for three months.
strange result. A suppression of all evidence gathered to date will inevitably result in a not guilty verdict. the prosecutin should at this point drop charges since they have no evidence to present.
There is the argument that some prosecutors might use the process of trial itself to punish the defendant. They may be found not guilty, but they had to spend all of that time and money and nerves on the process. So if the prosecution is in fact prejudice towards the defendant, that might be why they would continue to pursue the charges without evidence...
I believe you misunderstood the ruling. The ruling was suppression of any evidence not already provided. The case can go forward upon the evidence that has been provided.
@@timothyboone5003 so I was right in thinking that prosecution was trying to be sneaky, but got played because the defense was smart enough to do one case and after winning that brought to more cases with the same problem. It was fun to watch the end of the video.
Some Rights have to be enacted for them to be applicable. Like “The Right to Remain Silent” you have to state “ I wish to remain silent”. If you do not, then your silence can be used against you. For a fast and speedy trial (typically within 180 days) the Right has to be enacted.
Proof that courts can drag out cases as long as they possibly want without consequences. If the prosecution doesn't see the case as important enough to provide discovery in half a year, the case should be dismissed by DEFAULT in my humble opinion. This is a 6th amendment issue (right to a speedy trial), but it's obvious that the judicial system doesn't care. This is especially bad in DUI cases, because they punish you BEFORE you go to trial, by taking your drivers license.
We don't really have a right to a speedy trial. We don't have any rights. Because they can all be easily taken away by the courts for the flimsiest of excuses. Last year a man celebrated his tenth anniversary of sitting in jail untried for the crime he was charged with. Ten years without trial. Not in GITMO but a regular American jail. There's always some excuse for why Americans have no rights when needed by the state.
@@edwardscott3262 ...Who ??? *_Michael Keetley_* in *_Florida_* ? ...Yeah, he sat in jail for over a decade before Trial. He got a hung jury on the 1st Trial. Then they got scared that if he gets acquitted in the 2nd Trial, then he'll be able to SUE for _MILLIONS_ of dollars... So, they railroaded him, despite the evidence showing that he was at home, surfing the web at the time of the shooting !!! ...Corrupt System.
The prosecutor’s body language said it all. I’m the royal boss hog and I get my way. He didn’t say this was a one off but has multiple cases that he has done this with.
I don't use this term regarding people often or lightly, but that prosecutor is disgusting! Absolutely and unequivocally disgusting! His manner, tone and attitude are horrific!
Suppressing all evidence not turned over by now seems as much of a win as you can get. What I don't trust is that this donut of a prosecutor will not try to throw evidence he know is suppressed in a question to a witness or in openings, knowing he'll get an objection and a strike off the record, but the jury will still have heard it. I dunno... Armchair lawyer in the house 😂
...I watch a lot of Court cases... and I don't ever remember anything being done about a Prosecutor LYING in their *_Opening Statement_* nor anything done when they're caught LYING again in their *_Closing Arguments_* ???
@16MedicRN Who’s to say the prosecutor had anymore evidence he wished to present? I think the Judge made a ruling that seemed to appease both side. But effectively was without teeth. If anything the ruling probably hurt the defense more than anyone. The defense had been requested discovery. Even compelling the Court to order it. In the end the defense isn’t getting what they requested and must go forward knowing no more than the did. That’s not a win.
This is about the dumbest splitting of the baby ruling I've ever seen. Both the judge and the prosecutor concede that absolutely no evidence had been provided by the court ordered discovery deadline. And his ruling precludes the prosecution from introducing any evidence not provided by that deadline at trial. In what world could you plausibly have a trial where you're going into it knowing the prosecution literally has no evidence?
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward.
Unlike the prosecutor, the judge took some time and did his job. It would take about 13 minutes for the prosecutor to send the copy of a file... he had 3 months to do that.
So he's saying that he didn't disclose evidence, and doesn't intend to admit any into evidence at trial? DUI GUY, make sure he has your phone number, just in case he needs your services on the way home.
Prosecutor pretty much admitted, that morning is when he realized there was a problem that could affect him. So he then went to look at the rules he was suppose to be following from the beginning. Tried to find something that said he didn't have to provide discovery AND violating the courts ruling on discovery, somehow there would be no problem for him.
@@Look_What_You_Did Not sure my family needed to be brought in this over a slight time discrepancy. Also, does that slight time discrepancy make me entirely wrong on the point?
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward.
My God, that attorney is so rude!! Not to stand when addressing the court, and to lay back in his chair like that!! I'm surprised he didn't put feet up on the desk!! Larry, where can I find the whole video and the trial?
Unless I missed something, didn't the judge suppress all evidence that hasn't already been turned over, and none had been turned over? So the persecutor is going to proceed with no evidence?
@nikolaikalashnikov4253 That's pretty much what I was expecting, if indeed the prosecutor acted in a typical manor and showed no compassion or common sense, by not dismissing the cases. But then I also expected that the judge would have asked if the prosecutor intends to proceed, of course depending on the judge's compassion and Common Sense.
@rockymntnliberty How do you believe the prosecution is proceeding with no evidence? Evidence has to be provided to make it this far into Court proceedings. There had to be evidence at the preliminary hearing and for the Grand Jury to find a True Bill.
@@timothyboone5003 Do you think they're taking DUI cases before a grand jury? And even if so, we know any persecutor worth his salt can indict a ham sandwich. And it takes almost no evidence to get through a probable cause hearing.
@rockymntnliberty I live in the next State to the South. In my State, yes it’s not uncommon for DUI cases to go before the Grand Jury. Prosecutors do not indict people or ham sandwiches. Grand Juries are responsible for that. Evidence is evidence whether it is used in a probable cause hearing doesn’t make it any less evidence.
Larry you’re a genius. Then again I was cussing you. You might ask why? I just had surgery somewhere on my torso and this video made me laugh so hard it hurt bad . Thanks Larry for what you do.
Wrong on the lawyer. Wrong on the judge. Who suffers and pays for extending the length of this trial? The people. Larry, good call, but you need to interrupt, raise your voice, "objection" for a more stronger argument to tackle injustice as is displayed here.
Nice might not of dropped the charges but with no evidence at trial cause the da didnt provide any the da cant prove their case so they lose anyways on all 3 cases . Nice work Larry 😄
To be this far into the Court proceedings there has to be evidence. There has to be evidence to find probable cause for the arrest. There has to be evidence at the preliminary hearing for the Court to proceed with the case. And there had to been evidence provided to the Grand Jury for them to find a True Bill. It’s very possible the prosecution had already provided the evidence they wish to present at trial.
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward.
AMENDMENT VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial... What could be more patently not-speedy than missing a deadline?
*_8th Amendment:_* " _to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor_ ": ...was Council able to depose the arresting Officer(s) yet ??? ...Were they given any & all exculpatory evidence ??? ...and are the Officers are the *_Brady List_* ??? (for being caught previously LYING).
Some Rights have to be enacted for them to be applicable. Like “The Right to Remain Silent” you have to state “ I wish to remain silent”. If you do not, then your silence can be used against you. For a fast and speedy trial (typically within 180 days) the Right has to be enacted.
The guy’s insurance went up before his trial because the Commonwealth took way too long to get him a speedy trial. He faced consequences of conviction without having been convicted. Additionally, the prosecutor should have had sanctions imposed by the Court for failing to comply with the Court’s orders. The only person actually doing their job here is the defense attorney. I’m not condoning driving while intoxicated, but this failure of the Commonwealth should have resulted in a dismissal. What would be hilarious is if the Commonwealth hadn’t previously submitted any evidence and the charges were dropped due to lack of evidence. That courtroom is a joke.
To be this far into the Court proceedings there has to be evidence. There has to be evidence to find probable cause for the arrest. There has to be evidence at the preliminary hearing for the Court to proceed with the case. And there had to been evidence provided to the Grand Jury for them to find a True Bill. It’s very possible the prosecution had already provided the evidence they wish to present at trial.
So, let's see. The Commonwealth, via the Pers... I mean prosecutor, has wrecked this guys life. I'm wondering if you can argue that even if he IS guilty, his loss of consortium, increased insurance rates, loss of reputation, the actual arrest, & etc. over a period of MONTHS is punishment enough? And I'm assuming that he waived his right to a speedy trial, because he damned sure didn't get that either.
Prosecutor plays with himself for over half a year, gets all folksy with the judge, then acts like his actions were nothing more important than forgetting a toothpick after a big meal. That judge was way too calm.
Bonuses for wins are debilitating the justice system. It makes the crucial decision between guilt and innocence invalid, only to enrich the winning counsel. That ain't justice.
This is a persons life he’s talking about. The state F’d up, and this dark cloud has been hanging over him for months, but of course The State doesn’t give two shits. It’s gross.
Notice the relaxed and disrespectful demeanor of the prosecutor? Leaned back, seated, swiveling side to side, talking with his hands. All while the defense is standing straight and tall, every word well chosen and respectful. To me, that speaks volumes, and its sickening
The right to a fair and speedy trial is WRITTEN in the sixth amendment and the prosecutions refusal to follow a COURT ORDER to provide discovery should've been more than enough to DISMISS this case.
Some Rights have to be enacted for them to be applicable. Like “The Right to Remain Silent” you have to state “ I wish to remain silent”. If you do not, then your silence can be used against you. For a fast and speedy trial (typically within 180 days) the Right has to be enacted.
@@timothyboone5003 You're saying that without requesting a fast and speedy trial that you lose the right to one? That makes no sense. My comment pertains to the right to a speedy trial but ALSO the prosecution violating a court order to provide discovery.
So let me see if i understand… 1) no discovery has been provided 2) anything not yet provided is suppressed 3) let’s set a trial date. What evidence is there if they’ve not responded to requests to provide evidence? “Who’s your witness?” No answer. I would reason no witness then. What am I missing here?
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward
"For the record, I was wearing a mask because I was sick that day, but I couldn't miss court, so I wore a mask so as not to get anyone else sick!" Good man!
If you are going to quote a rule - have the rule written out - with rule, section and subsection before forcing all of us to sit in silence while you scroll on your phone. BTW - Our court here bans all cell phones, you cannot enter the building with one.
What would happen if the defendant forgot a court order? I wonder what the definition is for speedy trial in that court. Seems the prosecution has different rules to play by. Contempt of court comes to mind. Ray
...was just watching an Appeal where the Cops literally just called up the *_Magistrate_* to get a *_Warrant_* !!! ...i was thinking the exact same thing... Can _EYE_ do _THAT_ ??? ...or they just get special privileges ??? ...like, are they *_Sovereigns Citizens_* or what ???
It’s my understanding that the Constitutional right of a speedy trial is supreme to any local laws, policies, or court rules. Delays, whether intentional or not, is a violation of the Constitution. I could be wrong. 😂
Him reading the rules that have NOTHING TO DO WHAT IS HE DID IN THE CASE. LOL. THERE IS ZERO EVIDENCE GIVEN. NOT EVIDENCE JUST RECIEVED LIKE HE READ OR TEMINONEY FROM An expert.... As he raads he realizes it has nothing to do with what he did. Lol.
I wonder how the prosecutor will be able to even try the case without evidence like BAC? I hope that the prosecutor will drop the charges without having evidence to use.
To be this far into the Court proceedings there has to be evidence. There has to be evidence to find probable cause for the arrest. There has to be evidence at the preliminary hearing for the Court to proceed with the case. And there had to been evidence provided to the Grand Jury for them to find a True Bill. It’s very possible the prosecution had already provided the evidence they wish to present at trial.
I'm glad that the prosecutor responded in a pleading form to the Defendant's Motion to Dismiss and did not try to read the State's answer on his Iphone. Incompetent!
He took all this time to look up rules for discovery but couldn't take time to do his job. Then admitted he has other cases he has done the same. He is definitely not qualified for this job. Its pathetic how they get these jobs.
Being originally from KY/TN, this ineptness on the prosecutors part is not surprising. They elect so many politically connected, but not qualified people for their DA Generals and the ineptness just flows downhill in the dept. Great arguments and win. Not only on one, but 3 individuals of ignoring and violating a court order.
That prosecutor was a mess: did not stand to address the court, was not prepared to cite the statute, and if I were ever to use the phrase "I don't think" in front of a judge, the sharp rebuke would be "I don't give a damn what you don't think!" He was way over confident.
The prosecutor by disregarding the date for turning over discovery completely disrespects the judge and treats him as if his order does not matter. Can't believe the judge did not harshly admonish the prosecutor for this action. Shows how the good old boys club is alive and well.
When these appointed prosecutors and officials let "things slip their minds," it absolutely can destroy a person's life. More importantly, a victim's life! Absolutely inexcusable!
And in this case, DID destroy the guys life.
The fact his insurance went up, he can't drive, etc. ALL should be illegal until AFTER his conviction (just kidding, we all know that "Innocent until proven guilty" is a joke, along with the line about "The Prosecutor is there for Justice, not just to win".)
@rex8255 Absolutely, and to callously explain it away as if it wasn't on his high priority list is disgusting! Total disregard for what is had cost this man. Infuriating, and sadly, doesn't surprise me these days!
@@kellyhouse4263 The worst part, at the very end... he submitted two more identical motions. So that's two other innocent (for the moment) people getting screwed.
@rex8255 I should have mentioned that part because it's the most important. This is just one judge, in one town in our country. The number of cases like this must be astronomical. The scariest cases are the child offenders, violent offenders, and murderers who get off for mistakes like this. The victims are victimized by the very system that was supposed to bring them justice! Not counting the corruption ladder that follows.
Nothing "Slips the mind" for them, theyre corrupt and are abusing the system to make things worse for the victims.
_"We would be more than willing to extend the duration and cost of the defendant's pre-trial punishments in the interest of justice."_
I think justice is a mistranslation. It was always just supposed to be Just ICE for all.
Liber Tea and just ice for all. Something to do with a Tea party.
How did you make your text italicized?
@@daddyilo Wow! I learn something new every day! Thank you!!
@@jeremytrent3534
_test_
*test*
-test-
Surround with _ to italic.
Surround with * for bold.
Surround with - for line through.
Not being a lawyer I do have a question and I think many of us do. If a judge made an order to me in a case, and I ignored it, I'd be held in contempt of court. Why are lawyers not held to the same standard?
I'm sure if Larry failed to follow an order of the Court, he would be Sanctioned in some manner. Larry doesn't work for the State, the Judge and Prosecutor BOTH receive their Paychecks from a State account.
Can we say conflict of interest???
Why isn't Trump held accountable for CONTEMP of court, ten times already?
Qualified immunity
@@debrakennedy7671 Didnt see Trump in this video or am I blind. Your TDS is showing. Took 14 minutes since this video came out for someone to mention Its TRUMP blah blah blah.
with lawyer i think it is different in that they can be brought in to show cause and face sanctions similar to a contempt hearing
Every time that prosecutor opened his mouth, he sounded dumber and dumber.
Just remember just because we have to disclose evidence doesn't mean we have to give it unless we intend to use it. That exculpatory evidence thing is just a legal requirement, not a rule. Rules obviously taking president over laws and stuff.
Basically we couldn't be f..ked supplying defendants what we have to do for every single case.
So it shouldn't be disclosed. I just won't enter any evidence at trial😂. So no evidence, no case, no case = dismissal dumbass.
And don't you just love how the prosecutor claims no problems. Getting dragged into court several times is both costly and inconvenient. But again as we can see, no contempt of court. No dismissal, just DA saying I couldn't be bothered obeying the law.
They’re such hypocrites. If he were in the defendants chair he’d be outraged that a public official couldn’t follow and official order of the court. It’s his sole purpose for existing and he couldn’t even get it right. But no he doesn’t care about other people and how his ineptitude impacts them. Hell, he doesn’t even care about himself very much with the state he carry’s his body around in.
Sounds like he graduated from the Judge Craig C. DeThomasis (Levi County Fl.) school of law.
A simple "all charges dismissed" by the judge would help the prosecutor to not forget in the future.
I think the judge is trying to make the prosecutor eat crow by having him have to declare null pros because he knows he can't move forward unless he's got an admission of guilt, which he won't.
You can tell this is a backwater jurisdiction. In any other court, if a prosecutor started researching legal codes and hacking them up while in front of the judge, he'd be thrown out of court.
That would be a double standard in this case. Because the Judge to a recess to go study the law himself.
I was waiting for tubby to put his feet up on the table.
@@timothyboone5003 - The difference is, that prosecutor knew what his argument was going to be... as he said, he was reading it the previous day.
He could have come to court prepared with printed copies of the Rule for the Judge and the Defense, or at least printed copies of an outline describing his argument and citing the Sections and Paragraphs of the Rule applicable to his argument. Instead, he chose to "Wing It", and even did that poorly.
The Judge didn't know what the prosecutor's argument would be and had no way to prepare for it ahead of time, but he did express familiarity of the rule. And judges routinely make decisions "on advisement" where they take time to review matters and make a decision after a brief recess, or sometimes after a few days or weeks or more. While it can happen, a Judge isn't expected to always make a decision "on the fly" immediately after hearing an argument.
I work in the courts in a large American city. Where I work, when prosecutors don’t know something or forget something, the judge fixes it for them. Judges are generally very scared to dismiss cases.
Anytime an attorney stops reading a rule it’s because he has discovered he misunderstood it beforehand
Did anybody else hear the same thing from the persecutor? What I perceived from the persecutor was our cops arrested him, and therefore we don't give a rat's ass how long this process takes or what damage it does to his life, we will get to it when we get to it, and any errors made on our part are not hurting us at all, so f*** you.
exactly!
I had the same impression. Not exactly "wrecked". I found the complacency very disturbing.
Exactly, there is no risk to them, no matter what the outcome of the case is. So they don't care how long it takes.
That’s what I heard..
Basically. His arrogance made me ill!
What an arrogant prosecutor, thinks he’s the top of the world
Well, that's what happens when you don't face any consequences for failure...
If accountability is required for the average citizen, accountability is required for cops, judges, and prosecutors too.
This isn't ok. No way is this an accident that he forgot to give information to the defense
Accidental or intentional, *he tainted the entire case by failing to disclose the evidence.*
If his office operates as sloppily as his performance in court, the failure could well be one of negligence.
It seems to be standard practice for traffic stuff. DUI arrests as pointed out are guilty until proven innocent. Your job and insurance are affected before you stand one day in court. And you can be charged because you didn't dance the way the officer required. Even after blowing 0.00 on the breath test.
he knew the rule about discovery and trial-date, it isn't his job to push for a trial date, he confirmed there wasn't a set trial date before leaving the demanded discovery on a desk to be ignored until it couldn't be, it's no skin off his back to delay. If the judge wants to expedite the process, he has the power to do so, and the defense has the power to push for an expedited trial date. That happened here. It still amazes me that the prosecutor just flat out ignored the previous order to provide discovery by a specific deadline. he has done that before and will certainly do it again beyond the few instances mentioned right here in this video.
It wasn't just this case. There were 3-4 other cases, it was the same issue. I wonder how many of the other cases were Larry's?!
That prosecutor is lazy, rude and disrespectful of the court. This makes me furious. Why isn't his name given?
He should be in Jail for contempt. This prosecutor is clearly abusing this man’s constitutional rights. I don’t care if it’s for jaywalking or murder, the prosecutor needs MORE than a simple sanction by the BAR, he should be in JAIL.
Every time a judge or prosecutor acts so out of line, their name should be made famous
Because this channel's maintained by bootlickers.
He's one of the good old boys.
The prosecutor is an embarrassment and obviously has zero respect for the judges order ! He needs to go and learn the law and stop taking the people’s pay check.
While that is true the real villain here is the judge by not censuring the prosecution for not abiding by a court order. If the court will not stand behind it's own order then the court has no jurisdiction period. The judge should have dismissed the trial right then and there with no loyalty to either party. The state failed right out of the gate. The law of levity says tie goes to the runner.
So the prosecutor was too lazy to do his job. How can there be any defence when no discovery was forthcoming. The cost is always on the defendant and it’s always their life that is damaged. The prosecutor seems to think that as it’s a DUI he just be guilty and so what’s the issue. The prosecutor was not at all sorry for his tardiness and was totally unprofessional in the way he swung in his chair while making excuses like a child.
Dude.. harsh. The man just went through trauma. He fell on his sword.
What more do you want from him.
As the public paying that attorney, this is unacceptable and unethical. A bar complaint is needed.
They really don't care about ruining people's lives its disgusting he should be held in contemp of court
Why even schedule a trial if all the evidence is suppressed? How would the prosecutor even build a case with no evidence.
It wasn't all evidence, just the evidence not already presented.
So only new evidence can be used? How would there be any new evidence in a dui case? Maybe some mystery witness that comes forward? Sounds like a lost case for prosecutor. But of course he will go forward with it because of his ego wants the defendant to rack up more attorney fees. Nothing in the judicial system has anything to do with justice.
@@shanehoward585 - sounds like no evidence has been provided to defense so far or did I miss something?
You still have to take a case to conclusion. Date set... march on.
@@Look_What_You_Did The Cops can still come in and testilie... I mean testify. I wonder if that's why they didn't want to give up the evidence. If the prosecution can get it down to Cops saying "He looked drunk to us", and the Defense saying "He wasn't", they might have a chance.
So much for the right to a speedy trial.
Boy did the prosecutor drop the ball. He even showed a little “good ole boy” attitude: chair rocking, smug look, digging in the phone in court. Smh
discovery violations should be a felony i bet no "mistakes" like this would happen again
@@Smart-Towel-RG-400 if courts dismissed their cases with prejudice it wouldn’t happen after the first couple since it would take their money away.
@@rainman6080 the issue is not everyone can afford good lawyers so it would still happen when they knew the people are crappy public defneders if they knew there was jail/prison time for themselves that would instantly change behavior....its it like a domestic violents law requring charges
@@rainman6080really, it's sounds like he might as well of, since the prosecution can't provide any evidence now.
@SlyNine I wonder what evidence has already been entered... besides the traffic ticket?!
If that's literally all they have and still wish to go forward and not dismiss... I'd love to see them sued for malicious prosecution, after Larry wins the case of course.
Prosecutor looks like he belongs to the Good Ole Boy Club. His office just skipped their minds on three cases. Glad evidence is suppressed
I understand if it were one or two weeks. It happens to all of us. But here we are talking about three months.
Imagine forgetting to do your job for three months.
strange result. A suppression of all evidence gathered to date will inevitably result in a not guilty verdict. the prosecutin should at this point drop charges since they have no evidence to present.
Agree 100%.
There is the argument that some prosecutors might use the process of trial itself to punish the defendant. They may be found not guilty, but they had to spend all of that time and money and nerves on the process. So if the prosecution is in fact prejudice towards the defendant, that might be why they would continue to pursue the charges without evidence...
@@AndreyKrichevsky like officers who do not show up to traffic court?
I believe you misunderstood the ruling. The ruling was suppression of any evidence not already provided. The case can go forward upon the evidence that has been provided.
@@timothyboone5003 so I was right in thinking that prosecution was trying to be sneaky, but got played because the defense was smart enough to do one case and after winning that brought to more cases with the same problem. It was fun to watch the end of the video.
Why didn't he print out the rule and highlight his point... this prosecutor is terrible.
The Prosecutor needs to step away from the buffet and sit in front of a book and learn his job.
I guess if the state apologizes, the right to a speedy trial is not important.
Some Rights have to be enacted for them to be applicable. Like “The Right to Remain Silent” you have to state “ I wish to remain silent”. If you do not, then your silence can be used against you. For a fast and speedy trial (typically within 180 days) the Right has to be enacted.
Proof that courts can drag out cases as long as they possibly want without consequences. If the prosecution doesn't see the case as important enough to provide discovery in half a year, the case should be dismissed by DEFAULT in my humble opinion. This is a 6th amendment issue (right to a speedy trial), but it's obvious that the judicial system doesn't care. This is especially bad in DUI cases, because they punish you BEFORE you go to trial, by taking your drivers license.
And continue the punishment with licensing, insurance, car breathalyzer, inabilty to work where driving is involved, and rehab courses.
We don't really have a right to a speedy trial. We don't have any rights. Because they can all be easily taken away by the courts for the flimsiest of excuses.
Last year a man celebrated his tenth anniversary of sitting in jail untried for the crime he was charged with. Ten years without trial. Not in GITMO but a regular American jail.
There's always some excuse for why Americans have no rights when needed by the state.
@@edwardscott3262 ...Who ??? *_Michael Keetley_* in *_Florida_* ? ...Yeah, he sat in jail for over a decade before Trial. He got a hung jury on the 1st Trial. Then they got scared that if he gets acquitted in the 2nd Trial, then he'll be able to SUE for _MILLIONS_ of dollars... So, they railroaded him, despite the evidence showing that he was at home, surfing the web at the time of the shooting !!! ...Corrupt System.
Bond conditions often involve alcohol tethering also and whatever costs that may be associated with that and under court supervision in general
In many cases the bond conditions are more burdensome than the sentence itself
The prosecutor should be held to account for his failures, AS A DETERRENT FROM HAPPENING AGAIN. We hear this quote all the time.
The prosecutor’s body language said it all. I’m the royal boss hog and I get my way. He didn’t say this was a one off but has multiple cases that he has done this with.
I don't use this term regarding people often or lightly, but that prosecutor is disgusting! Absolutely and unequivocally disgusting! His manner, tone and attitude are horrific!
This judge never yelled mark feather once😂
What?
@@SafetyBriefer reference to What the Hale$ court case and lawyer Mark Feathers.
You had to be there..@@SafetyBriefer
Take your word for it 😁@@laurieann5312
Suppressing all evidence not turned over by now seems as much of a win as you can get. What I don't trust is that this donut of a prosecutor will not try to throw evidence he know is suppressed in a question to a witness or in openings, knowing he'll get an objection and a strike off the record, but the jury will still have heard it. I dunno... Armchair lawyer in the house 😂
...I watch a lot of Court cases... and I don't ever remember anything being done about a Prosecutor LYING in their *_Opening Statement_* nor anything done when they're caught LYING again in their *_Closing Arguments_* ???
@16MedicRN
Who’s to say the prosecutor had anymore evidence he wished to present? I think the Judge made a ruling that seemed to appease both side. But effectively was without teeth. If anything the ruling probably hurt the defense more than anyone. The defense had been requested discovery. Even compelling the Court to order it. In the end the defense isn’t getting what they requested and must go forward knowing no more than the did. That’s not a win.
@timothyboone5003 EVERYTHING is a win based on appeal...thats why you bring it up
The problem with Just a suppression, is that there could have been exculpatory evidence in there as well.
@@nikolaikalashnikov4253 in no place did I say the prosecutor would lie, lol. Settle down
This is about the dumbest splitting of the baby ruling I've ever seen. Both the judge and the prosecutor concede that absolutely no evidence had been provided by the court ordered discovery deadline. And his ruling precludes the prosecution from introducing any evidence not provided by that deadline at trial. In what world could you plausibly have a trial where you're going into it knowing the prosecution literally has no evidence?
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward.
How can you not be ready for this when you’ve fucked it up
Dude is just reading the code
"I don't think"......I've watched enough Judge Judy that in my mind I heard, "STOP there! You didn't think."
13 minutes for the judge to “review” the law and make a decision!
Unlike the prosecutor, the judge took some time and did his job. It would take about 13 minutes for the prosecutor to send the copy of a file... he had 3 months to do that.
Prosecutor can't do his job, but sure can backpedal and CYA!
So he's saying that he didn't disclose evidence, and doesn't intend to admit any into evidence at trial? DUI GUY, make sure he has your phone number, just in case he needs your services on the way home.
Prosecutor pretty much admitted, that morning is when he realized there was a problem that could affect him. So he then went to look at the rules he was suppose to be following from the beginning. Tried to find something that said he didn't have to provide discovery AND violating the courts ruling on discovery, somehow there would be no problem for him.
Wrong. Comprehension must not run in your family. Night before.
@@Look_What_You_Did Not sure my family needed to be brought in this over a slight time discrepancy. Also, does that slight time discrepancy make me entirely wrong on the point?
Suppressed evidence. If none has been given to the defense, doesn't that mean the prosecution has a weak case?
That's what I was thinking...No evidence presented and there is no case.
It means they have no case at all.
I don’t think the prosecutor can move forward on this case.
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward.
@@timothyboone5003 I would agree with that if the person accused does not have an attorney
Right to speedy trial CANNOT be overridden by failure of prosecutor to disclose
Amen to that!
My God, that attorney is so rude!! Not to stand when addressing the court, and to lay back in his chair like that!! I'm surprised he didn't put feet up on the desk!!
Larry, where can I find the whole video and the trial?
Too obese to stand up and lie to the judge for more than 10 seconds
Unless I missed something, didn't the judge suppress all evidence that hasn't already been turned over, and none had been turned over? So the persecutor is going to proceed with no evidence?
Larry should have followed up with another *_Motion to Dismiss_* based on lack of evidence & for several *_8th Amendment_* violations as well.
@nikolaikalashnikov4253
That's pretty much what I was expecting, if indeed the prosecutor acted in a typical manor and showed no compassion or common sense, by not dismissing the cases. But then I also expected that the judge would have asked if the prosecutor intends to proceed, of course depending on the judge's compassion and Common Sense.
@rockymntnliberty
How do you believe the prosecution is proceeding with no evidence? Evidence has to be provided to make it this far into Court proceedings. There had to be evidence at the preliminary hearing and for the Grand Jury to find a True Bill.
@@timothyboone5003
Do you think they're taking DUI cases before a grand jury? And even if so, we know any persecutor worth his salt can indict a ham sandwich. And it takes almost no evidence to get through a probable cause hearing.
@rockymntnliberty
I live in the next State to the South. In my State, yes it’s not uncommon for DUI cases to go before the Grand Jury.
Prosecutors do not indict people or ham sandwiches. Grand Juries are responsible for that.
Evidence is evidence whether it is used in a probable cause hearing doesn’t make it any less evidence.
Larry you’re a genius. Then again I was cussing you. You might ask why? I just had surgery somewhere on my torso and this video made me laugh so hard it hurt bad . Thanks Larry for what you do.
Love that a judge is holding the CW accountable!! Good job LARRY!
Wrong on the lawyer. Wrong on the judge. Who suffers and pays for extending the length of this trial? The people. Larry, good call, but you need to interrupt, raise your voice, "objection" for a more stronger argument to tackle injustice as is displayed here.
The only thing under more stress than the prosecutor in that courtroom is his chair.
I'm a Magistrate now and previously practiced criminal law for 25 years and have never seen an attorney remain seated while arguing before a judge!
Nice might not of dropped the charges but with no evidence at trial cause the da didnt provide any the da cant prove their case so they lose anyways on all 3 cases . Nice work Larry 😄
To be this far into the Court proceedings there has to be evidence. There has to be evidence to find probable cause for the arrest. There has to be evidence at the preliminary hearing for the Court to proceed with the case. And there had to been evidence provided to the Grand Jury for them to find a True Bill. It’s very possible the prosecution had already provided the evidence they wish to present at trial.
Effectually, Prosecution has applied, de facto, punishment before judgement.
looks like the prosecutor forgot his reading glasses lol don't think he could have got that phone much closer to his face while he is googling stuff
GEESH!!!! What's up with this prosecutor and his staff?
Shoddy work ethics?
So they're still going to prosecute the case with no evidence?
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward.
Elmer Fudd is trying to sound like he's doing them a favor.
"Its on me" doesnt fix the problems the prosecutor has inflected on him!!
It's hilarious that the prosecutor basically said " so what i didn't do my job i have time deal with it " lol
Larry is on fire!!!! My dream come true, a video every day !
AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...
What could be more patently not-speedy than missing a deadline?
*_8th Amendment:_* " _to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor_ ":
...was Council able to depose the arresting Officer(s) yet ??? ...Were they given any & all exculpatory evidence ???
...and are the Officers are the *_Brady List_* ??? (for being caught previously LYING).
Some Rights have to be enacted for them to be applicable. Like “The Right to Remain Silent” you have to state “ I wish to remain silent”. If you do not, then your silence can be used against you. For a fast and speedy trial (typically within 180 days) the Right has to be enacted.
The guy’s insurance went up before his trial because the Commonwealth took way too long to get him a speedy trial. He faced consequences of conviction without having been convicted. Additionally, the prosecutor should have had sanctions imposed by the Court for failing to comply with the Court’s orders. The only person actually doing their job here is the defense attorney. I’m not condoning driving while intoxicated, but this failure of the Commonwealth should have resulted in a dismissal. What would be hilarious is if the Commonwealth hadn’t previously submitted any evidence and the charges were dropped due to lack of evidence. That courtroom is a joke.
The judge kicked all the evidence, that likely kills the entire case and should result in dismissal or you just take it to trial and get an acquittal.
To be this far into the Court proceedings there has to be evidence. There has to be evidence to find probable cause for the arrest. There has to be evidence at the preliminary hearing for the Court to proceed with the case. And there had to been evidence provided to the Grand Jury for them to find a True Bill. It’s very possible the prosecution had already provided the evidence they wish to present at trial.
So, let's see. The Commonwealth, via the Pers... I mean prosecutor, has wrecked this guys life. I'm wondering if you can argue that even if he IS guilty, his loss of consortium, increased insurance rates, loss of reputation, the actual arrest, & etc. over a period of MONTHS is punishment enough?
And I'm assuming that he waived his right to a speedy trial, because he damned sure didn't get that either.
Prosecutor plays with himself for over half a year, gets all folksy with the judge, then acts like his actions were nothing more important than forgetting a toothpick after a big meal. That judge was way too calm.
Bonuses for wins are debilitating the justice system. It makes the crucial decision between guilt and innocence invalid, only to enrich the winning counsel. That ain't justice.
The fact that the prosecutor didn’t even take a minute to print out the rules for discovery. Speaks volumes to his ineptitude.
This is a persons life he’s talking about. The state F’d up, and this dark cloud has been hanging over him for months, but of course The State doesn’t give two shits. It’s gross.
Notice the relaxed and disrespectful demeanor of the prosecutor? Leaned back, seated, swiveling side to side, talking with his hands. All while the defense is standing straight and tall, every word well chosen and respectful. To me, that speaks volumes, and its sickening
That prosecutor lounges back in his chair like he's on his front porch while addressing the court.
This is exactly why you never waive your rights for a speedy trial.
The right to a fair and speedy trial is WRITTEN in the sixth amendment and the prosecutions refusal to follow a COURT ORDER to provide discovery should've been more than enough to DISMISS this case.
Some Rights have to be enacted for them to be applicable. Like “The Right to Remain Silent” you have to state “ I wish to remain silent”. If you do not, then your silence can be used against you. For a fast and speedy trial (typically within 180 days) the Right has to be enacted.
@@timothyboone5003 You're saying that without requesting a fast and speedy trial that you lose the right to one? That makes no sense. My comment pertains to the right to a speedy trial but ALSO the prosecution violating a court order to provide discovery.
@CrainialCommando
Things don’t always make sense.
So let me see if i understand…
1) no discovery has been provided
2) anything not yet provided is suppressed
3) let’s set a trial date.
What evidence is there if they’ve not responded to requests to provide evidence?
“Who’s your witness?” No answer. I would reason no witness then.
What am I missing here?
I would assume it’s safe to say the officer had to provide a sworn affidavit at the preliminary hearing. Many people are found guilty upon officer testimony alone. So yes the case can go forward
That Prosecutor does a good Goofy! I wonder if he can do Mickey Mouse? 🤣
"For the record, I was wearing a mask because I was sick that day, but I couldn't miss court, so I wore a mask so as not to get anyone else sick!"
Good man!
This prosecutor is just lazy and arrogant.
If you are going to quote a rule - have the rule written out - with rule, section and subsection before forcing all of us to sit in silence while you scroll on your phone. BTW - Our court here bans all cell phones, you cannot enter the building with one.
What would happen if the defendant forgot a court order? I wonder what the definition is for speedy trial in that court. Seems the prosecution has different rules to play by. Contempt of court comes to mind.
Ray
...was just watching an Appeal where the Cops literally just called up the *_Magistrate_* to get a *_Warrant_* !!!
...i was thinking the exact same thing... Can _EYE_ do _THAT_ ??? ...or they just get special privileges ???
...like, are they *_Sovereigns Citizens_* or what ???
Bro I love how you help people! My daughter is a newly minted lawyer and I told her to follow your work so she can learn!
If ALL evidence has just been suppressed, then how do you get a conviction? Might as well throw it out!
@timmcdonald9856
If that were true, then maybe so. But in this case all the evidence wasn’t suppressed.
When did Boss Hogg become a prosecutor?
Everytime that prosecutor opened his mouth, stupid stuff came out of his mouth 😮😂
It’s my understanding that the Constitutional right of a speedy trial is supreme to any local laws, policies, or court rules. Delays, whether intentional or not, is a violation of the Constitution. I could be wrong. 😂
Word salad a law does not make.
@@Look_What_You_Did Stop tossing it 🤡
When you are just rubber stamping prosecutions half asleep and then you run into a Real One, Larry Forman.
Him reading the rules that have NOTHING TO DO WHAT IS HE DID IN THE CASE. LOL. THERE IS ZERO EVIDENCE GIVEN. NOT EVIDENCE JUST RECIEVED LIKE HE READ OR TEMINONEY FROM An expert.... As he raads he realizes it has nothing to do with what he did. Lol.
His.ego.doesn’t.fit.in.that.chair…granting the motion to suppress is a tremendous blow.
This prosecutors WHOLE demeanor says CORRUPT!! How arrogant... it's disgusting. Glad defendant has you on his side!!!!
I wonder how the prosecutor will be able to even try the case without evidence like BAC? I hope that the prosecutor will drop the charges without having evidence to use.
To be this far into the Court proceedings there has to be evidence. There has to be evidence to find probable cause for the arrest. There has to be evidence at the preliminary hearing for the Court to proceed with the case. And there had to been evidence provided to the Grand Jury for them to find a True Bill. It’s very possible the prosecution had already provided the evidence they wish to present at trial.
So prosecutors can just disregard court orders now?!
I'm glad that the prosecutor responded in a pleading form to the Defendant's Motion to Dismiss and did not try to read the State's answer on his Iphone. Incompetent!
The symbiotic relationship between the Court and Police is on full display here? No bias whatsoever!
Nice to see a few jurisdictions making good use of VHS Tape. Would be great if they could buy a few new blank tapes.
He took all this time to look up rules for discovery but couldn't take time to do his job. Then admitted he has other cases he has done the same. He is definitely not qualified for this job. Its pathetic how they get these jobs.
Being originally from KY/TN, this ineptness on the prosecutors part is not surprising. They elect so many politically connected, but not qualified people for their DA Generals and the ineptness just flows downhill in the dept. Great arguments and win. Not only on one, but 3 individuals of ignoring and violating a court order.
This must be the most unprepared prosecutor I’ve seen. Wow. He’s missed deadlines in 5 cases??? Wow!
The fact that the prosecutor does not stand when speaking and practically slumps is completely disrespectful.
That prosecutor was a mess: did not stand to address the court, was not prepared to cite the statute, and if I were ever to use the phrase "I don't think" in front of a judge, the sharp rebuke would be "I don't give a damn what you don't think!"
He was way over confident.
You knew the issue might come up and you did not have your ducks in a row Prosecutor?? Pure incompetence.
Right to a speedy trial. Prosecution failed to meet it's obligation. Case dismissed
This attorney is an f'in BEAST!!! I've watched dozens of his videos, and he is a Field General in the Courtroom
Something is wrong when he has several cases that he has not turned over discovery yet.
The look on the prosecutor's face, looked like he literally gets punched in the gut. Good one Mr. Forman!
Incompetent and corrupt.
The prosecutor by disregarding the date for turning over discovery completely disrespects the judge and treats him as if his order does not matter. Can't believe the judge did not harshly admonish the prosecutor for this action. Shows how the good old boys club is alive and well.
It appears that the Commonwealth is as diligent with his cases as he is with his diet