Judge, Please Remove this Juror
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- Опубликовано: 28 июн 2024
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Bell County District Court.
February 4, 2019.
You will NOT BELIEVE this case is real.
I still don't.
But it happened.
This is the voir dire portion (jury selection) of the case.
Some pieces are missing, sadly, because the judge either forgot to turn on the record or the recording messed up. I apologize for that on their behalf.
Background: Client was stopped for allegedly weaving in and out of lane. She was facetiming her husband. Gets pulled over and given field sobriety tests (she was crying and her face was red and puffy so the cop suspected something was wrong). However, she does well on the tests, and the cop sees that my client is not the smartest person in the world, so he takes a liking to her.
This is a small town, and the cops have no body cameras, so the officer arrests her (without ever putting hand cuffs on her) searches her (during which he makes pit-stops by groping her breasts, buttocks, and crotch areas), places her in the back of his cruiser and takes her to jail.
They make a pit-stop in a dark, abandoned building where he "claims" that she should "do a urine test" but she is frightened as all hell at this point because she feels sexual advances and declines because she sees no lights coming out of the building or any cars around. Then he takes her to jail.
When they arrive at the jail, she asks to smoke a cigarette and call her mom, which he allows. After which he takes her phone and asks if she has any nude pictures on there or any pictures of drugs. She admits to having some nudes, but no drugs.
He goes through her phone, finds the pictures and goes through them. He also finds a 1 minute 25 second porn video my client's husband and her recorded on their WEDDING NIGHT and WATCHES IT IN FRONT OF HER!!!!! Immediately after, he says he is going to give her his phone number (which he leaves in her property) and encourages her to call him BEFORE she leaves Kentucky.
She is then booked and released. She fails to call him, and so he LIES on his report, writes that she ADMITTED TO BOTH "Smoking AND shooting methamphetamine prior to driving" which never happened, and forgets about the case.
Luckily the jury saw through his bull and acquitted her.
It is important to note, that after she testified, the cop NEVER REBUTTED HER TESTIMONY RE: SEXUAL ADVANCES. Which obviously means that he DID IT and ADMITS TO IT. During her testimony he was VERY ANTSY and his legs wouldn't stop shaking, so says my client.
I still can't believe this kind of stuff goes on in 2019, but I am happy she hired me and we got the truth out into the open.
Judge: Honorable Robert T. Yoakum, Bell County District Court Division 3
Defense attorney: Larry Forman, a.k.a. the DUI Guy
Prosecutor: Christopher F. Douglas
Arresting Officer: Trooper Joey Brigmon, Kentucky State Police
00:00 - Coming UP!
00:13 - Prosecutor Douglas Starts
01:27 - Approach the bench
02:32 - Prosecutor Douglas Continues
04:02 - The DUI Guy Takes Word
17:29 - Approach the Bench #2
21:14 - Excusing and Bringing New Members of the Jury
26:00 - Prosecutor Douglas Continues
27:15 - The DUI Guy Continues
31:16 - Picking and Talking with Jury
33:44 - The DUI Guy Continues
35:43 - Approach the Bench #3
36:12 - Judge excuses Jury members
37:55 - Prosecutor Douglas Continues
39:55 - The DUI Guy Continues
41:48 - Prosecutor Douglas Continues
44:30 - The DUI Guy Continues
46:44 - Watch NEXT
Too many people think that if you are arrested, you MUST be guilty, then you have to PROVE that you are innocent.
The judge is an idiot, if you are frightening the jury members by telling them how the law works, then they should NOT be on the jury.
Wasn't the judge referencing asking jurors for their names when he mentions frightening jurors?
Agreed 💯
Yup
He was saying it's not inappropriate to ask their names.
How scary is this, and how many lawyers don't answer this question and get stuck with a biased jury. Yikes
He "sides with the police and she must have done something wrong to be here"....sadly that is the majority of the American people.
They got us right where they want us,
in a police state.
Not all of us brother! I am with you.
We have too many judges that tilt the system to the prosecution side by what they say. Some do it subtlety but some do it blatantly. The juries take their hints from how a judge runs his court, and they know it! I wonder how many have been convicted because of it! We're living in a very precarious and dangerous time! So many of us can't afford very competent attorneys and that's why so many rich people get off easy, but regular people get the hammer if tried for the very same crime! 😢
@@sandralybrand9425that sounds like judge Merchan!
I think Bill Engvall said something similar. If she hadn’t done anything, the police wouldn’t be here with her now. I had a little boy ask me about being a cop today versus FBI and I had to explain to him that none of the FBI wants. You have a skill the police just want you to be able to move quickly if you can benchpress the police want you FBI doesn’t need you And it’s a little weird to say but 91% of cops in the US either only have two years of college education or just a high school diploma. Not that either one of those things is bad but given that level of expertise does anyone really expect them to accurately know the law?
@@williamshelton4318 Yeah. Fit to START work as a cop. It is notoriously hard to maintain a healthy body sitting in a car and eating whatever you have on hand at lunch time. Firefighters spend much more time working out, learning to cook in the fire house, and training in hot, heavy gear. That's why there are no calendars of cops for fundraisers.
Karen reid doesn't need to prove her innocence the prosecution is doing that for her .
Some of the Commonwealth's witnesses seem far more likely to be culpable than Read
It's "Read" .... and it's never the need of the defense to prove anything, which I think you might be missing here. It doesn't matter if it's Karen Read or the person caught stealing gum from 7-11, those bringing about the chargers have ALL the burden. Not some of the burden. Not most. Not beyond a reasonable amount of the burden. They have ALL the burden to prove, beyond a reasonable doubt....and if the defense perceives they have NOT done so, they would be foolish to any more than is absolutely necessary, mainly to establish a record and/or preserve the record for appeal, to do anything at all. Just like in sales, you can talk yourself out of a verdict
Cases are won and lost in jury selection. Great job Larry. I know the state would rather pack up go home but this is important.
Innocent til PROVEN GUILTY. PERIOD
*Unless.
Innocent UNLESS proven guilty. That’s half the point of the video. “Until” assumes that they will be.
It's sad that there is so many people that don't understand the burden of proof in this country.
You can tell they voted for Trump.
They just didn’t want to serve on the jury and they got paid.
Hopefully@@jimshehorn7705
There's not understanding the burden of proof, then there's understanding it and lying about it to get out of jury duty
@@erikthorne please don't bring politics in to it, who they voted for has nothing to do with not understanding our judicial system.
If the prosecutor doesn't sway you beyond all reasonable doubts it doesn't matter if the defense says anything. You vote not guilty.
Often, the defense must lead jurors down a path so they can realize the possible doubts, though.
@@B_Bodziak I understand the why. That wasn't my point. Just saying independent of the defense, if the prosecutor failed to sway and you still had reasonable doubts before the defense said a word, the result should be not guilty
Never mind the jurors …. How about the Judge a Prosecutor feeling like we should just move this along an NOT dismiss jurors even though it could destroy a persons life ??? Ridiculous that trained Barr members would risk someone’s freedom so they can get home on time !!
When You hear an atty say you don’t lose your common sense when you walk into a court room you know he don’t have a case
Here I am on my wedding day winding down listening my favorite Kentucky Lawyer; oh hell, my favorite lawyer.
Congratulations!!
Congratulations 🎊 ❤
I hope you had a wonderful day xx
Wishing you a lifetime of happiness as you build your lives together, creating endless memories ✨️❤
Big love & hugs to you and your HUSBAND from Australia ❤❤❤
Bonding with Larry... your marriage is doomed.😱
Congrats girlie ! I wish yall the best. We're going on 24 years tomorrow & you getting hitched on our families lucky numbers too!! Wishing the best❤ (Keep God in your marriage. He's vital in this world!!)
@@sing2me 😂🤣 Good one, but I could be his grandmother. Lol
Just love the flustered prosecutor. 😅 beautiful. He stalks around that courtroom all day long the king of the castle. Not today 😂😂
They are SO USED to plea deals and trials make them work for it.
Yet he still has the power to ruin innocent lives.
It's scary how many people think that you're guilty until proven innocent in this country.
I have to say, I’m very impressed. When you got eight out of the jurors in the first round out, I thought that was fantastic but the way you kept pressing and making the prosecution in forcing him to say it’s my burden of proof. That was genius. You could tell after the second or third time people got dismissed the entire court was paying attention now. As you said when they walked in, they probably didn’t consider her innocence but by the time you were done every single one of them is looking at the prosecutor and the cop, and insisting that they make a good showing. That was phenomenal to watch.
I used think man i don't want to be on a jury but then i see the people that could be sitting on the jury that can potentially destroy someone's life due to ignorance or just lack of critical thinking and i sure wouldn't want to face that possibility. I've served as foreman once and i would do it again because i would want people who can think to be on the jury if i am ever in an unfortunate situation that i find myself needing one. After 50+ years and never needing one, i doubt i will but just in case.
Dude...love your content. Wish there were more attorneys like you! Brilliant strategy to sift the jurors btw...
I wonder how many of the replacement jurors are using that as an excuse to get out of jury duty.
Why the hell is the judge on the phone while voir dire is happening? Take a recess or something...
The last five minutes were actually funny! Not often that laughter rings out from the court room. 😀
I didn't agree with the judge that thought you were "frightening" potential jurors. He should understand that its your responsibility to ask tough questions and put them on the spot to get true answers.
Everything aside. The prosecution got really irritated. Lol. Awesome job
Seems some of the jurors caught on to the get out of "duty free card".
It's scary that people think you need to prove innocense
Is it just me or is the prosecuting attorney seem smarmy?
You’re changing lives right here, by teaching these jurors about how the law protects THEM too! It’s so so so important to have a rigorous defense not just to practice on a defendants behalf but to keep the justice system in check! I’ve sat on two juries here in Mass & it’s HOW I learned to be unbiased in my daily life not just when it comes to deliberating. So I hope these people walked away more educated.
It does seem that the judge just wants to get this out of the way. Like getting an impartial jury is too much of a chore.
That was hilarious when the ex corrections officer said he was impartial ! ….. judge says “ see ya later “ priceless !!
I would be excused right away. LOL 😄 🤣 😆 My weakness is "comprehension", since kindergarten. Just recently, I asked God why?. He took me back to the time when my Mom (she was carrying me at the time) was dealing with my brother (1y/o) that couldn't walk, was diagnose with cancer. He was 😮two years old (I was one y/o) when he died. I'm also a sensitive person. I know punctuation is a big thing with people. So "sorry" that is extremely hard, but I try. The only book I read today is the Bible. That's ALL ABOUT ME GETTING TO KNOW MY HEAVENLY FATHER and HOW MUCH HE LOVES US, PLUS HOW TO DEAL WITH SATAN and his demons. 🤷♀️ Your a great lawyer Mr. DUI GUY. That is a gift from God. 🙋♀️
I’m surprised at how many jurors could not accept the concept that the prosecution bears the entire burden of proof.
My God, Larry. You have managed to get the prosecution to ask your voir dire questions for you.
I liked how the county lawyer didn’t try too hard to flip the jurors. I sat through mine trying to convince someone for 10 minutes. So frustrating.
I love your interaction with the jury. The way you address the people of Bell County. You make them comfortable and a part of this proceeding while obtaining their understanding or misunderstanding of the law in a respectful manner. The different types of people their education level, lifestyle, etc. is definitely diverse to say the least. I'm originally from that area of KY (Bell/Whitley)/TN (Campbell), but live in Seattle. Interesting how you obtained your dismissals and ruffled the DA a bit in the first round. Bravo sir 👏 👏 Your content and channel are awesome.
Is that lunch boxes older brother lumbering around in there?
Oh good grief. This may be the one trial that gives the name KAREN a pass. The new Karen is Jen McCabe.
Let's go..... LMFAO like a boss that's how it's done..,. I would love to sit on the jour panel for one of your cases the amount I can learn would be amazing but I hate government and any type of qualified immunity so I am biased I can still be impartial even so but it's hard to explain that to a judge and council without being dismissed I think you're one of the best attorneys out there buddy I wish you practice more options I know you do I just wish it was even more your closing arguments are to die for thank you for being you Larry Foreman!
Was on a jury once...I was the only one advocating for not guilty. Everyone was so pissed off at me. =))
This is an extremely important lesson for the public, the future jurors & those accused of a crime. No, most people don’t know, they’re busy working, taking care of their families etc.. It’s to our advantage to understand what our rights are. Some lawyers aren’t great, some judges aren’t great, and damn sure some of the police out there don’t know the laws, so you better know the ground rules It the number to a good lawyer you afford. Information is power. Thank you DUI GUY 🙏🏼
Smh 🤦🏼♀️ the way the judge argued at first when you requested to strike those first 8; some of these small town country judges get way more of comfortable letting things less than constitutional slide. I don’t think they even realize. He knew he had to though… it’s laziness and complacency mixed with a “this is how we do things here mentality !…I’m from Nashville and I’ve seen this so much in the surrounding small cities especially.
You're right! It's especially prevalent in the south! We have magistrates that run courts and have no backgrounds in law, deciding things, which is ridiculous! 😕
I think the judge simply dont want to use up and sending all juror back to home and then wait and book for another day for juror selection.
Innocent unless proven guilty. Big distinction from innocent until proven guilty.
Don't forget to pick up your check.
How can ine even get a fair trial when jurors are so ignorant of their own rights.
Geeze, I could not believe what I was hearing. Don't give up our rights so easily people! We don't have to prove that we are innocent. They have to prove that we are guilty beyond any reasonable doubt.
I wonder how many prosecutors actually want to have a fair trial. He might.
Some prosecutors don't want people to have common sense, proven fact.
I think it was possible some of them were a little confused.
It is scary to think that you would have to put your life into the hands of people that do not understand that you're innocent and its not my job to prove my innocence but theirs to prove my guilt
Wow, such a chore to get jurors that can't get past the burden of proof being on the prosecution. I have to also wonder if some of them were saying that cause they knew it would get them excused. Either way they shouldn't be on the jury.
Sadly it's pretty prevelant! They don't want to be inconvenienced. That probably would change if they were paid a decent wage for their time, since most live paycheck to paycheck to support their family! If employers would pay them their regular pay for doing their civic duty, it wouldn't be a problem at all Sadly very few will do that.
This is so interesting and I wish you were in my hometown as an Attorney!!
I have learned so much from you @DUI Guy. Thank you!!!
I went into Medicine and my brother into Corporate Law.
The prosecution sure wanted the dismissed jurors to sit in judgment of the defendant! He knows that the people dismissed would maybe be favorable to his case .
At least I know how to get out of jury duty.
Yes...just say you want to hear both sides of the story and pick whoever you think it right. Collect check..go home.
However I would actually like to be in a jury and do my part to serve the public. I personally couldn't do a long case however because I'm self employed and it would put my business and my clients at a hardship if I was not available for multiple business days.
Does a juror need to swear they are telling the truth!!! if not, why not.
In Cobb County Georgia you do. I was called for jury duty about a year ago and we had to take a whole oath about being fair, impartial, truthful, etc before even going into the courtroom to be questioned by counsel for both sides.
That should be standard procedure in every state! ❤
Jason, Samuel, Lisa, and Verna the only Americans with brains on that jury panel
It's appalling that so many of those jurors are that dumb.
The sad state of US Civics education.
Damn, you're good!!!
Two sides need to be heard in a civil matter, but not in a criminal trial. We dont lock people in cages unless they have been proven beyond a reasonable doubt that they are guilty.
The 'both sides' mindset likely comes from raising kids and arbitrating between disputes as a parent...there is a big difference between sending a kid to their room and sending someone to prison for a number of years as a result of a conviction stemming from a criminal trial.
Never heard of an innocent man doing years or decades behind bars?
@@aaadamt964So? What's your point?
@@Mitch93 My point is that the accused retains the cloak of innocence even if she doesnt take the stand to explain herself. The dismissed jurors have an inherent itch to hear from her which, if not scratched, will likely be used against her. This is the bias that Larry is uncovering most effectively. A criminal defendant does not have to "prove" anything, their attorney need only raise reasonable doubt as to the evidence, witnesses, or totality of the circumstances and the law requires that she be acquitted.
@@aaadamt964 Then you need to go watch some news. Just last week a man was released from prison after been proven innocent after he was wrongfully convicted, he went in at the age of 23 hes now 55.
Larry is there a part 2? Was she tried? Guilty or not???
That bailiff would have a hard time stopping anything, but possibly a donut.
Now run….
😂😂
Just wow! I really didn’t realize a population of just a few dozen people don’t get it.What do they do if case is a major case?
Fastest way to get out of jury duty is to tell them you don't like cops.
Because they always harass you
That should be a disqualifying answer, period. But no we do not demand that our police know the law, our juries know the law, or our judges know the law.
Holy hell, saying "I shouldn't use big words" during voir dire. Pretty much called the jury stupid to their face.
Some of them just want off the jury, but it probably means they sit in another trial.
If I wanted to go home sooner, I’d say I want to hear the defense side
Corruption starts from the top - in this case the judge.
I am hooked on this channel.😂 I just discovered the dui guy. I love how he casually, stategically, and mentally sabotages in cross examinations..lol😂
It's terribly sad to hear from individuals their misunderstanding of the law or such a bias re the burden of proof in this country!
This is a brilliant strategy for jury selection
This was very interesting to see jury selection. I never did get to be on a trial for anything, just sat in room doing word searches waiting for a case to get called for 2 weeks….
I've served and it was long as a single mom I didn't like being there Thank God I was salary employ so I signed my check over to my employer and I was paid if I was a hourly It would of been pretty bad for my girls ..
This was great to watch. I've been on 4 juries and wish the defense had void dire (d) the jury like this. Didn't find out until deliberation that many felt innocent until proven guilty meant guilty until someone convinces me otherwise.
At 40 mins it is just down to whether they want to be on the jury or not, they say what will get them their way.
The da and the judges OBVIOUSLY wan, t to jus run yer case through, hoping for a plea , JUSTICE BE DAMMED
This is how we have so many innocent people in prison😢 people do not understand the law. The law Is not guilty and prove your innocence! That's the accusers job!
I think Larry made an excellent point about natural bias. Who walked into the courtroom and thought, i wonder what she is innocent of. Nobody thinks that, and really highlights why its so important to make sure prospective jurors understand that they are assumed innocent.
Larry the 🐐
It's a goat
I would say the same to you Lackluster. Love your content as well.
I’ve never heard what the jurors think. It’s interesting and a little scary.
Is this the same case - the girl who drove in to the ditch? Did I miss the ending of that trial? I need to go back & look.
I really dislike it when the verdict is not included after the closing in videos.
Sad that people dont want to serve
Interesting how many people in the potential jury think the defense has to prove ….. there is a sense that if someone is charged they are likely guilty.
So explaine to people what is expected of them ...then question who disagrees
Someone can just make any accusation? to the jurors who were sent home. What if I made a claim and issued charges that you conspire with the communist chinese gov, and youve been secretly undermining the safety of this country. Should you have to defend against such a claim? What if Ive been at it and have what seems to be proof? If i can really make it seem your guilty? Does that seem fair? Just because someone has a robe or a badge doesnt make them any less human, were all human. As you know, we can all make mistakes. In fact theres actually humans that intentionally do dishonest thngs, if you could so imagine.
Just curious, everybody is aware how the boy's in blue protect each other, (that's human nature). Again how many of those jurors are on a common select set of jurors called FREQUENTLY, having service, or related to the SESTEM.
I appreciate their honesty.😊
The last 4 lawyers i hired did not go to this extent, i am praying that if i ever need an attorney again , they will work this hard for me
This is very interesting, the way are questioning the potential jurors. I appreciate you doing this. I will be a potential juror.
Awesome video Larry!! It’s crazy how many people are unable to comprehend what you are saying or they have learned how to get out of serving on a jury. 🎉
I sat on a jury for a DUI case. At the beginning of jury selection, one question was asked, "Do you believe it is illegal to consume an alcoholic beverage, and then drive"? If you answered yes, you were dismissed.
Sir, you served your client well. Nobody should sit on a jury that's not 100% comfortable with all the burden being on the prosecution. If they have certain biases, especially to need to have some form of proof of innocence, or "both sides of the story" they should not be in that seat. The judge made the right decision to allow you to strike the jurors, had he not, you would have had solid grounds for an appeal.
Lastly - I could be wrong, but I don’t believe many defense lawyers do as thorough as job as you on jury selection...and that's almost frightening. Jury selection is so very important, much care should be taken.
interesting to learn about jury selection
now prosecution is doing the defense's job which leaves defense to pick the jurors...hilarious
Its Back the Blue until it happens to you!😲
Horrifying that everyday across America thousands of jurors are deciding someone’s future and a decent percentage think a silent defendant is a guilty person.
Amber and Calvin would've been loyalists in the War of Independence.
I love this food for thought.
I used to think that jury trials were reasonable. Watching a few of these now, I think bench trials with an educated judge or judges are better.
No matter how educated these judges are, they are just as fallable as the jurors here.
Depends on the integrity and temperament of the judge.
@@Mitch93 In the US, maybe, but I don't think that is the case where I live.
We used to have juries, but they removed it in 2017 in Norway. They replaced it with professional judges with masters degrees together with expert lay judges.
The court, district attorneys, news media and the police force are not that tightly knit in Norway as in the US, I believe. The courts actually decided to stop punishing drug use, for example, against very heavy pressure from the police force. So it's still technically illegal to use marihuana, but police usually won't bother arresting people for it, since they know they won't be convicted.
The US is one of the most litigious countries in the world, with one lawyer per 300 people and top 5 in the world in lawsuits filed per capita. I think this is more a cultural thing than anything else. New stories about the bad judges drown in the pile of lawsuits and news about police brutality and corrupt officials. In Norway it becomes headline news.
Would you want the judge from the Karen Read trial? Heck No!!!
Woooooow, how has our species gotten so messed up?
Never heard of anyone found innocent.
You can't plead innocent
Is this a young Mr. Foreman?
2019. Five years ago. ❤
I love seeing your stuff !
It’s absolutely sad that many people feel that it’s not INNOCENT, unless Proven Guilty! Although, after the first 8 were released, I am curious if anyone else, just didn’t want to serve on the jury.
This was the BEST ONE EVER!!
Good stuff right here!
So Mr. or Mrs. Juror, if I just suddenly accused you of stealing from a store, and offered no absolute proof, you believe that you need to put forward proof of your innocence, or should the burden be on me as the accuser to prove your guilt?
And if I were to come to your car and claim it's mine, then should you need to prove it is yours, or would you think it would be up to me to offer proof it is mine? If I have no registration, nothing with the VIN, but just say it's mine.... should you be the one to have to prove otherwise, or should I have to prove it's mine before it's taken from you?
Well the same is true here. The prosecutor - the accuser - needs to prove their case that the defendant is guilty beyond a reasonable doubt. They have to proffer the evidence. That might be in the form of documents. That might be in the form of testimony. That might be in the form of video or audio recordings. But they need to prove the defendant is guilty. Until they do, the defendant is to be considered innocent.
The defendant may examine that evidence and show why it is not to be acceptable. They may offer alternative views of the information presented. They might even provide their own evidence contradicting other information provided. But ultimately it is the job of the prosecutor to prove the guilt of the defendant - not the job of the defendant to have to try to prove their innocence.
How many of you disagree with this, and why?
....so Larry... how many total were dismissed that day because they thought you had to prove innocence? :)
The second two just wanted to go home too hahaha 😆