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  #46  
Old 01-04-2005, 11:30 PM
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Originally Posted by strandinthewind
I did not read that one?
Yes - it was mentioned the day that the sentence was handed down by the jury. The judge made it part of the record. The prohibition was that no one could accept any compensation for interviews, etc. until 90 days had passed. If anyone did any interviews, etc., during the first 90 days, any expense was all on their own dime. In other words, no free limos, plane rides or hotels.

I was not clear, however, if it applied to everyone in the case (as the gag order did) or if it was only for the jurors. It's CA state law, apparently.
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  #47  
Old 01-04-2005, 11:33 PM
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Originally Posted by Mad4stevie
Yes - it was mentioned the day that the sentence was handed down by the jury. The judge made it part of the record. I was not clear, however, if it applied to everyone in the case (as the gag order did) or if it was only for the jurors. It's CA state law.
I am unsure if a judge could tell a witness not to talk about the trial or the testimony - even during the trial. The First Amendment would probably trump the judge unless the judge ruled that the public airing of the testimony would somehow jeapordize the Const. rights of the party. But, in this case Frey already spilled her pathetic beans prior to, I think, the arrest. So, the point was moot
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  #48  
Old 01-04-2005, 11:36 PM
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Originally Posted by strandinthewind
I am unsure if a judge could tell a witness not to talk about the trial or the testimony - even during the trial. The First Amendment would probably trump the judge unless the judge ruled that the public airing of the testimony would somehow jeapordize the Const. rights of the party. But, in this case Frey already spilled her pathetic beans prior to, I think, the arrest. So, the point was moot
So, are you saying that there is no such thing as a true "gag" order in this trial? She was covered by the gag order that the judge imposed which was in place from the time the trial started until the end, that I know for sure.

But lord knows, I don't want to get into a debate about the First Amendment with you, Jason!
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Last edited by Mad4stevie; 01-04-2005 at 11:39 PM..
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  #49  
Old 01-04-2005, 11:58 PM
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Originally Posted by Mad4stevie
So, are you saying that there is no such thing as a true "gag" order in this trial? She was covered by the gag order that the judge imposed which was in place from the time the trial started until the end, that I know for sure.

But lord knows, I don't want to get into a debate about the First Amendment with you, Jason!
LOL - I LOVE CON LAW!!!!!!!

In any event, apparently, Amber was not bound by any such rule.
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  #50  
Old 01-05-2005, 12:00 AM
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Originally Posted by strandinthewind
LOL - I LOVE CON LAW!!!!!!!

In any event, apparently, Amber was not bound by any such rule.
As far as i've been able to discern, the law is veeeeeery multifaceted when it comes to such issues...the judge could decide, precedent could decide, the constitution could decide, some random state precedent and/or law could decide...
lawd!!! the law!!!
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  #51  
Old 01-05-2005, 12:02 AM
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Originally Posted by amber
was it her skinny rat face and thin lips?
I stand in defense of all rats. If I were an attorney, I would take their libel case pro bono.
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  #52  
Old 01-05-2005, 12:08 AM
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Originally Posted by amber
As far as i've been able to discern, the law is veeeeeery multifaceted when it comes to such issues...the judge could decide, precedent could decide, the constitution could decide, some random state precedent and/or law could decide...
lawd!!! the law!!!
I have always said the Court is the concious of the US and it will always be. AND - I think the framers knew this. But, I digress
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  #53  
Old 01-05-2005, 12:17 AM
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Originally Posted by strandinthewind
I have always said the Court is the concious of the US and it will always be. AND - I think the framers knew this. But, I digress
yes, obviously constitutional law has the first say. But i've recently seen it be fuzzy here, as well.
okay, that was only one research paper, but still. I've seen other cases where, randomly, there'll be a federal precedent that will allow state law to supercede, blah, blah, add frustration and nauseaum...*sigh*
but, obviously, you have a vastly larger body of knowledge on this subject. But may i refer you to...Blah Blah v. Blah Blah Irrigation Co. Cal. App. 3d blah,(West 1998) P. 4th. 587, 589 (1997)? Just joshin with ya, and practicing my deficient citation skills at once...
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  #54  
Old 01-05-2005, 12:19 AM
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Originally Posted by amber
yes, obviously constitutional law has the first say. But i've recently seen it be fuzzy here, as well.
okay, that was only one research paper, but still. I've seen other cases where, randomly, there'll be a federal precedent that will allow state law to supercede, blah, blah, add frustration and nauseaum...*sigh*
but, obviously, you have a vastly larger body of knowledge on this subject. But may i refer you to...Blah Blah v. Blah Blah Irrigation Co. Cal. App. 3d blah,(West 1998) P. 4th. 587, 589 (1997)? Just joshin with ya, and practicing my deficient citation skills at once...
True - I love Con. Law. Interestingly, people on both sides can paint the Const. to do pretty much whatever they want. Sadly, sometimes for bad things
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  #55  
Old 01-05-2005, 12:23 AM
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Originally Posted by strandinthewind
True - I love Con. Law. Interestingly, people on both sides can paint the Const. to do pretty much whatever they want. Sadly, sometimes for bad things
yep. goes right well with my point, i think. P.S. did you pick up citation form easily? Or did ya just leave that to the paralegals?
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  #56  
Old 01-05-2005, 12:48 AM
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Originally Posted by amber
yep. goes right well with my point, i think. P.S. did you pick up citation form easily? Or did ya just leave that to the paralegals?
Looking back now (after 6 years in practice), it amazes me how much pressure they put on me in law school to be perfect with my "blue book" citations. They always tried to scare us by telling us that we would be thrown out of court and/or would be committing malpractice if we got one period wrong, etc. Too much unnecessary pressure, IMO. But then again, what else is law school for?

If you could only see how ridiculously pathetic alot of practicing lawyers are with their citations in pleadings and briefs!
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  #57  
Old 01-05-2005, 12:50 AM
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Originally Posted by Mad4stevie
Looking back now (after 6 years in practice), it amazes me how much pressure they put on me in law school to be perfect with my "blue book" citations. They always tried to scare us by telling us that we would be thrown out of court and/or would be committing malpractice if we got one period wrong, etc. Too much unnecessary pressure, IMO. But then again, what else is law school for?

If you could only see how ridiculously pathetic alot of practicing lawyers are with their citations in pleadings and briefs!
I've heard pathetic lawyer stories. Yeah, I got a lot of pressure this semester from one class about citations. And it sucks, because of course blue book citation is different then California citation I dunno, it's something that's more challenging then the norm for me to pick up on.
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  #58  
Old 01-05-2005, 01:20 AM
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yep. goes right well with my point, i think. P.S. did you pick up citation form easily? Or did ya just leave that to the paralegals?
Once I got that a citation is just another form of a sentence with similar punctuation, it was and has been pretty easy. But, once you get in the real world, you try to abide by The Blue Book and the court rules (which are not always the same ) and if ya mess up - oh well
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  #59  
Old 01-05-2005, 11:08 AM
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Well, I think she had this planned from the start. I think as soon as she saw the media attention, she went for the gold. I also think she lied. But, he is convicted and that is really all there is too it. Hopefully, she will find salvation in her blood money

Sorry - I just cannot abide a lying or coercing witness
What did she lie about?
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  #60  
Old 01-05-2005, 11:13 AM
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What did she lie about?
Well, it depends on which person you believe. For starters, she taped her conversations with Peterson, which was a betrayal of his trust, which I think is tantamount to a lie - I know I would feel betrayed if some I cared for did that to me - who wouldn't. I will never believe she was not thinking "book deal" when she was doing that.

Even the detectives considered her to be a liar at a few points in the investigation http://www.findlaci2003.us/amber-2x-detectives.html

Here is a page on Amber http://www.findlaci2003.us/amber-index.html
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