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Question about Alex Jones' trial

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  • Question about Alex Jones' trial

    Why was the trial not declared a mistrial upon discovery of his lawyers' accidentally turning over all evidence to opposing counsel (who had concealed it the entire time)? I don't have any personal sympathy for Jones, but just curious as I've heard of mistrials being declared for less.
    "I am not angered that the Moral Majority boys campaign against abortion. I am angry when the same men who say, "Save OUR children" bellow "Build more and bigger bombers." That's right! Blast the children in other nations into eternity, or limbless misery as they lay crippled from "OUR" bombers! This does not jell." - Leonard Ravenhill

  • #2
    Though I'm not a legal expert by any stretch, why would the carelessness of his own lawyers justify a mistrial? Unless you mean the judge concealed it?
    "What am I doing here?" -- Joe Biden 2021

    Comment


    • #3
      Originally posted by seanD View Post
      Though I'm not a legal expert by any stretch, why would the carelessness of his own lawyers justify a mistrial? Unless you mean the judge concealed it?
      There's the concept of ineffective assistance of counsel, though that seems to primarily apply in criminal trials, which this one was not.
      "I am not angered that the Moral Majority boys campaign against abortion. I am angry when the same men who say, "Save OUR children" bellow "Build more and bigger bombers." That's right! Blast the children in other nations into eternity, or limbless misery as they lay crippled from "OUR" bombers! This does not jell." - Leonard Ravenhill

      Comment


      • #4
        Originally posted by KingsGambit View Post

        There's the concept of ineffective assistance of counsel, though that seems to primarily apply in criminal trials, which this one was not.
        Yeah, the only thing he can do is file a separate civil suit against his lawyers for ineffective counsel and try to win and get damages from them, but he can't use that as a reason for appeal in a civil case. He's SOL.
        "When you're attacking FBI agents because you're under criminal investigation, you're losing"
        -Trump Press Secretary, Sarah Huckabee Sanders


        "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
        - Pfizer Scientist Chris Croce

        Comment


        • #5
          Originally posted by KingsGambit View Post
          Why was the trial not declared a mistrial upon discovery of his lawyers' accidentally turning over all evidence to opposing counsel (who had concealed it the entire time)? I don't have any personal sympathy for Jones, but just curious as I've heard of mistrials being declared for less.
          Because there was nothing illegal or improper that went on. Especially in a civil case. Lawyers make mistakes all the time. They forget to file things, file too late, sometimes even turn over more than they wanted to. The plaintiff's lawyers received the phone copy, informed the defendant attorneys (who then failed to claim anything under privilege or client/attorney protections), and waited the proper 10 days (plus two) to be able to legally use what they obtained.
          "When you're attacking FBI agents because you're under criminal investigation, you're losing"
          -Trump Press Secretary, Sarah Huckabee Sanders


          "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
          - Pfizer Scientist Chris Croce

          Comment


          • #6
            Originally posted by KingsGambit View Post
            Why was the trial not declared a mistrial upon discovery of his lawyers' accidentally turning over all evidence to opposing counsel (who had concealed it the entire time)? I don't have any personal sympathy for Jones, but just curious as I've heard of mistrials being declared for less.
            Says here Jones’ lawyers were duly informed.

            Alex Jones' lawyer accidentally sent the contents of Jones' phone, revealing InfoWars' financials and texts he claimed didn't exist: Sandy Hook parents' attorney
            .
            Bankston said that when he "informed" Jones' legal team about what they did, they "did not take any steps to identify it as privileged or protected in any way."

            Jones’ declined to turn over records during discovery that were required by the court. The plaintiffs were granted summary judgment due to his failure to comply. It seems the “accident” amounted to little more than his legal team fulfilling that obligation.
            .
            While discussing the revelation with the jury, the judge overseeing the case said: "What the lawyer's say isn't evidence, so we don't know whether it was on accident or on purpose, because we don't have evidence about that.

            "But what we do know is that it was not properly turned over when it should have been," Travis County District Court Judge Maya Guerra Gamble told the court.

            After the testimony and court took a break, Jones left the courtroom with his lawyer, who later returned to court on the phone and spoke with Bankston to confirm it was a digital copy of Jones' phone.

            Reportedly, there’s a lot more on the phone that’s not relevant to Sandy Hook.

            The Jan. 6 committee is asking for data from Alex Jones' phone, a lawyer says
            .
            Attorneys for the Sandy Hook parents said they followed Texas' civil rules of evidence and that Jones' attorneys missed their chance to properly request the return of the records.

            Some of the material will be protected, like “medical records of plaintiffs in other lawsuits against Jones.” Other material, not so much.
            .
            "Mr. Jones and his intimate messages with Roger Stone are not protected," Bankston said, referring to former President Donald Trump's longtime ally.

            […]

            In January, Jones was deposed by the committee in a hourslong, virtual meeting in which he said he exercised his Fifth Amendment right against self-incrimination "almost 100 times."

            Comment


            • #7
              Originally posted by Gondwanaland View Post

              Yeah, the only thing he can do is file a separate civil suit against his lawyers for ineffective counsel and try to win and get damages from them, but he can't use that as a reason for appeal in a civil case. He's SOL.
              Dang, sounds like he's in lots of big doodoo, now he has to pay a large chunk of change, January 6th investigators are obtaining the phone records in question, and now his ex-wife is attempting to obtain them for their child custody case.
              "When you're attacking FBI agents because you're under criminal investigation, you're losing"
              -Trump Press Secretary, Sarah Huckabee Sanders


              "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
              - Pfizer Scientist Chris Croce

              Comment


              • #8
                Originally posted by Gondwanaland View Post

                Yeah, the only thing he can do is file a separate civil suit against his lawyers for ineffective counsel and try to win and get damages from them, but he can't use that as a reason for appeal in a civil case. He's SOL.
                From what I’m reading, answering to Jones is going to be the least of his lawyers’ worries if they were holding on to documents that had been demanded by the court. But at the very least, also from what I’m reading, the distinction between civil and criminal cases means just what you’re saying.

                No, Alex Jones can’t appeal $49M verdict because of ineffective counsel. Here’s why
                .
                THE QUESTION

                Can Alex Jones appeal a verdict on grounds of ineffective counsel? ?

                THE SOURCES
                Chad Baruch, civil appellate lawyer with Dallas-based Johnston Tobey Baruch

                THE ANSWER

                No, Jones cannot appeal a verdict on grounds of ineffective counsel. Ineffective counsel is not grounds for an appeal in civil court; it is only viable in criminal cases.

                WHAT WE FOUND

                The defamation lawsuit filed against Alex Jones by the Sandy Hook parents is a civil case. Because it is not a criminal case, Jones does not have the right to an appeal on grounds of ineffective counsel.

                Comment


                • #9
                  Originally posted by Juvenal View Post

                  From what I’m reading, answering to Jones is going to be the least of his lawyers’ worries if they were holding on to documents that had been demanded by the court. But at the very least, also from what I’m reading, the distinction between civil and criminal cases means just what you’re saying.

                  No, Alex Jones can’t appeal $49M verdict because of ineffective counsel. Here’s why
                  .
                  THE QUESTION

                  Can Alex Jones appeal a verdict on grounds of ineffective counsel? ?

                  THE SOURCES
                  Chad Baruch, civil appellate lawyer with Dallas-based Johnston Tobey Baruch

                  THE ANSWER

                  No, Jones cannot appeal a verdict on grounds of ineffective counsel. Ineffective counsel is not grounds for an appeal in civil court; it is only viable in criminal cases.

                  WHAT WE FOUND

                  The defamation lawsuit filed against Alex Jones by the Sandy Hook parents is a civil case. Because it is not a criminal case, Jones does not have the right to an appeal on grounds of ineffective counsel.
                  This also suggests that a lawsuit against his lawyers would only succeed if it could be demonstrated that the ultimate outcome of the trial was affected by the error.
                  "I am not angered that the Moral Majority boys campaign against abortion. I am angry when the same men who say, "Save OUR children" bellow "Build more and bigger bombers." That's right! Blast the children in other nations into eternity, or limbless misery as they lay crippled from "OUR" bombers! This does not jell." - Leonard Ravenhill

                  Comment


                  • #10
                    Originally posted by Juvenal View Post

                    Says here Jones’ lawyers were duly informed.

                    Alex Jones' lawyer accidentally sent the contents of Jones' phone, revealing InfoWars' financials and texts he claimed didn't exist: Sandy Hook parents' attorney
                    .
                    Bankston said that when he "informed" Jones' legal team about what they did, they "did not take any steps to identify it as privileged or protected in any way."

                    Jones’ declined to turn over records during discovery that were required by the court. The plaintiffs were granted summary judgment due to his failure to comply. It seems the “accident” amounted to little more than his legal team fulfilling that obligation.
                    .
                    While discussing the revelation with the jury, the judge overseeing the case said: "What the lawyer's say isn't evidence, so we don't know whether it was on accident or on purpose, because we don't have evidence about that.

                    "But what we do know is that it was not properly turned over when it should have been," Travis County District Court Judge Maya Guerra Gamble told the court.

                    After the testimony and court took a break, Jones left the courtroom with his lawyer, who later returned to court on the phone and spoke with Bankston to confirm it was a digital copy of Jones' phone.

                    Reportedly, there’s a lot more on the phone that’s not relevant to Sandy Hook.

                    The Jan. 6 committee is asking for data from Alex Jones' phone, a lawyer says
                    .
                    Attorneys for the Sandy Hook parents said they followed Texas' civil rules of evidence and that Jones' attorneys missed their chance to properly request the return of the records.

                    Some of the material will be protected, like “medical records of plaintiffs in other lawsuits against Jones.” Other material, not so much.
                    .
                    "Mr. Jones and his intimate messages with Roger Stone are not protected," Bankston said, referring to former President Donald Trump's longtime ally.

                    […]

                    In January, Jones was deposed by the committee in a hourslong, virtual meeting in which he said he exercised his Fifth Amendment right against self-incrimination "almost 100 times."
                    If they were claiming that something didn't exist when it did, and then accidentally turned it over, then it is not grounds for a mistrial. They should have turned it over in the first place but were lying about it, which is illegal.

                    Comment


                    • #11
                      I think the judge at one point insinuated that Jone's lawyers incompetence may have been them angling for a mistrial.

                      TBH, after hearing how Jones has conducted himself with regards to these lawsuits, I have less than no sympathy for him. He's lost two of them by simply refusing to participate. To say he's been trying to ignore the justice system would be putting it mildly.

                      Comment

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