(no subject)
To everyone, thank you for your thoughts, prayers, posts and support. A lot of people are asking questions, so I thought I would generally answer here.
First, no there is no appeal or anything else that can be done. That would constitute double jeopardy. I still agree with this principle. The state should not be allowed to drag a person through a criminal prosecution over and over again. So, this is it. There is no recourse for failures by the DA, PD or judge.
My folks are upset. My Father is particularly angry with the judge for allowing the PD to reference “absolute proof” and “one scintilla of evidence” as well as other impermissible definitions of “reasonable doubt.” The PD actually wrote “absolute proof” on the board.
That’s actually an important point. The jurors are being interviewed and saying there wasn’t enough proof. What that suggests to me is that the jury didn’t think he was innocent but bought into the confusion over what the DA needed to prove. The news stories are all expressing shock, but I knew when I walked out. I knew the jury would be flipped by what the PD was doing. It’s called jury nullification. It’s where you get a jury to ignore the evidence based on manufactured outrage and sympathy.
We’re all upset. Everyone seems to have failed here. We were told the DA is lazy and he was. One would have thought the DA would take a case against a retired judge more seriously. I don’t know what to say about the PD. I find his conduct unethical and others have confirmed that it was. I don’t know why the judge didn’t say anything other then the fact that DA was silent.
But it’s done. I don’t think anything will happen to my Dad or Carol, but something might happen to someone else because the clear message here is wear gloves and a mask and you’ll get off. Absolute proof is an impossible standard. Here’s what the jurors are saying to the press:
“A jury found Phillip Dominick Landry not guilty on all counts today, but several members have their doubts about whether he's innocent.
As they left the courtroom, one juror pointed at Landry at told him to "behave."
Another juror told Action News Landry was a liar, but they couldn't convict him for lying, and there were too many missing pieces in the case against him. Landry's head bowed when the jury gave him a second lease on life Thursday.
…There was no physical evidence tying him to the crime, so they couldn't convict him, even if their gut instincts told them he might be guilty.
"In my gut's irrelevant," said the jury foreman, Michael Gaskin. "I have to be honest with you. That's what was a struggle. That's why you might've seen the somber faces [on the jurors.]"
And,of course, Landry hopes the catch the guy who actually committed the crime.
Not sure what to do with myself. Lots of offers from friends. No one wants me left alone which is kind. I feel achy and have a killer headache.