That is the testimony of Jermey Geyer, isn't it?
Lion News: 'Kyle "The Fixer" Thompson Is A Perjurer' Says Pope Co.'s Attorney "Tamper" Nelson?
Thompson was represented by attorney
Kevin W. DeVore. Pope County Attorney Neil Nelson was the
attorney for the state.
“Given the evidence that was
presented at trial I was surprised by the result,” Nelson said
after the trial.
“Nonetheless, I always respect the
decision of the jury.” Kyle Thompson acquitted on all counts
after three-day jury trial. Pope County Tribune. Monday, October 29,
2012, Page 3A.
Don't worry Kyle you will be rescued by the "Tamper" won't you?
How come Starbuck's City Councilor Michael Moen's criminal case was sent to the Swift County Attorney? Oh, wait! There was a conflict of interest, wasn't there?
Remember: ignore the part in the police report where the Glenwood City Attorney Bruce Obenland says he can't represent Kyle "The Fixer" Thompson because of a "conflict of interest," okay?
If the City Attorney can't represent Kyle, then how can Neil "The Tamperer" Nelson when he is the Assistant City Attorney? The answer can be found in two simple words, can't it? "Criminal Act" would be the two correct words, wouldn't they?
Conflict of interest. (1843) 1.
A real or seeming incompatibility between one's private interests and
one's public or fiduciary duties. 2. A real or seeming
incompatibility between the interests of two of a lawyer's clients,
such that the lawyer is disqualified from representing both clients
if the dual representation adversly affects either client or if the
clients do not consent. See Model Rules of Prof'l Conduct 1.7(a).
Cases: Attorney and Client 20, 113. Black's Law Dictionary, 9th
Edition, page 341.
Note: This police report came from Jeremy Geyer - not the lawless Glenwood Police Department!
Lion News: Glenwood City Council's Kyle "The Fixer" Thompson Records Request?
Lion News: Glenwood's Councilman Kyle "The Fixer" Thompson Is Acquitted [ Not Guilty ]?
Thompson was represented by attorney
Kevin W. DeVore. Pope County Attorney Neil Nelson was the
attorney for the state.
“Given the evidence that was
presented at trial I was surprised by the result,” Nelson said
after the trial.
“Nonetheless, I always respect the
decision of the jury.” Kyle Thompson acquitted on all counts
after three-day jury trial. Pope County Tribune. Monday, October 29,
2012, Page 3A.
All sorts of damning evidence was stacked up against Kyle, wasn't it?
How could have Neil not won this case? Neil, you didn't want to win, did you? You "threw the fight," didn't you?
Lion News: Kyle Thompson [New City Councilman] On Stafsholt's Assault On Nemmers P1
Lion News: Kyle Thompson [New City Councilman] On Stafsholt's Assault On Nemmers P2
How could you explain your "winning" strategy in just 10 minutes Neil? The "win" you planned for was for Kyle Thompson, wasn't it?
4.5 DIFFICULT PROBLEMS ON DIRECT
EXAMINATION
I. Getting More Details from the
Witness
Often a witness will give you an
answer, thinking it is complete, what the reality is is that you need
more details. Many attorneys freeze with the incomplete answer, not
realizing how easy it is to get information from the witness. At your
disposal, you need to have the correct phrases that draw out needed
details from the witness.
D. Shane Read, Winning At Trial.
(National Institute for Trial Advocacy: 2007) page 164.
Since leading questions are generally
prohibited, there is a tendency to believe that the witness controls
the flow of information and not the attorney. The opposite is true.
If the witness is not forthcoming with details, keep asking the
question in as many different ways as possible (which helps avoid the
“asked and answered” objection) to get the information you need.
If you have prepared the witness for trial, the witness will usually
quickly understand what additional information you are seeking. The
following are useful phrases to remember.
1. Please Explain
2. Give the jury an example of what you
mean
3. Tell us some other details you
remember
4. Give us some specifics of what you
mean
D. Shane Read, Winning At Trial.
(National Institute for Trial Advocacy: 2007) page 165.
3. Not Controlling the Witness
Often, attorneys feel that since they
cannot “lead a witness,” all questions must be open-ended.
However, “what happened next?" Is the enemy of a successful direct
examination. The problem is that often the witness doesn't know how
to answer such a broad question. Moreover, the broad question
suggests a broad and rambling answer. Beginning attorneys ask
this question because it relives them of the burden of having to ask
a specific question. However, such questions give control to the
witness suce the witness is free to answer any way he chooses. When
an attorney cedes control to the witness, he is no longer conveying
his themes of the case through the witness.
The other problem is that once the
beginning attorney realizes that the “what happened next?”
question has failed, resorts to asking leading questions to elicit
the information he needs.35
__________
35. Generally, the beginning attorney
will ask leading questions that begin with a form of the verb “to
be” (e.g. “Was the traffic light red?”).
D. Shane Read, Winning At Trial.
(National Institute for Trial Advocacy: 2007) page 177.
5. Not Creating Themes for The Witness
Resist the urge to simply have the
witnesses tell their story. Given this kind of freedom, witnesses can
easily get sidetracked from the themes of the case. Before their
testimony, explain the themes or topics you want them to discuss and
have the witness stick to them during the trial.
D. Shane Read, Winning At Trial.
(National Institute for Trial Advocacy: 2007) page 179.
Checklist of Mistakes to Avoid In
Direct
1. Not simplifying testimony for the
jury
2. Not addressing important weakness
completely
3. Not controlling the witness
4. Not listening to answers
5. Not creating themes for the witness
D. Shane Read, Winning At Trial.
(National Institute for Trial Advocacy: 2007) page 179.
Sounds like Kyle "The Fixer" Thompson falls into the "untouchable" category, doesn't it?
Kyle gets "professional courtesy," doesn't he? Kyle get "special protection," doesn't he?
Lion News: City Adminstrator Iverson Invokes Right Of Silence On City Of Glenwood Misconduct?
Lion News: Perjury Allegations Force City Of Glenwood Officials To Hide Behind Voice Mails?
Lion News: Perjury Allegations Still Force City Of Glenwood Officials To Hide Behind Voice Mails?
