Is his own defense trying to fuck him? If that happens the prosecution gets a do over right?
With prejudice though. Im assuming prosecutorial misconduct comes in and a bunch of evidence gets added and subtracted. Despite what the media says, the judge has let the prosecution get away with a ton of shady shit. Binger used Kyles silence as evidence of something to hide.... that is settled fucking law. We all have the right to remain silent and at no point can a prosecutor pretend that only guilty people invoke their 5th amendment right. This is sooooo bad I don't think most understand the line that was crossed.
Im not a lawyer and I knew this. I didn't realize how big of a line it was though. I saw a DA say that when she went to her office in the first year the very first thing they tell you is to not go after someone for invoking their 5th amendment right. She said you get this repeatedly in law school and during the bar exam. It's usually an immediate mistrial and the prosecutor has to worry about keeping his law license.
This is going to cost Binger money. Some people are saying that $1000's is realistic for how bad this was. If this were reversed politically the prosecutor would already be before the state board.
It would be like punching below the belt in a title fight and when they restart the fight you sucker punch the dude while touching gloves.
I've been watching these lawyers live during the trial and it's eye opening.