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1743Re: And today the Judge did... NOTHING

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  • batmiteforever
    Sep 17, 2008
      Yeah I read this too, how about this quote: Bui's jaw visibly dropped
      as Kosmala spoke.

      "He wasn't in that room with us," she said after the hearing. "He
      didn't hear what we talked about."

      How about this woman didnt read or get to hear what was in
      this "LOST" file but feels the verdict should stand. Yeah that sounds
      fair. The police and prosocuter with hold evidence...excuse me "FIND"
      a folder no nix that sombody gets a moment of honesty and clues
      investigators to it's existence...but too bad...how dare they give
      him a new trial. What kinda BS is that...this is still America right
      and we all get to defend our selves, dont we? What are they afraid of
      their moment in the spotlight being wiped out or extending the 15
      minutes a little longer? Sit down, shut up and let this play out
      fairly for once.........please.
      --- In pittscomicon@yahoogroups.com, "axxinjaxxin" <axxinjaxxin@...>
      > Source:http://www.freep.com/apps/pbcs.dll/article?
      > Judge delays decision on whether to release George
      > Jurors who convicted man of killing wife are among protesters
      > BY AMBER HUNT • FREE PRESS STAFF WRITER • September 17, 2008
      > As his courtroom teemed with family members, friends, prosecutors
      > protesters, Macomb County Circuit Court James Biernat levied another
      > in a growing list of surprises this morning when he held off on
      > deciding whether Michael George – the so-called Comic Book Killer –
      > would be released on bond.
      > George will remain in the county jail at least until Friday awaiting
      > Biernat's written decision. Biernat last Friday overturned a jury's
      > verdict convicting George of killing his wife, Barbara George, in
      > back of the Clinton Township comic book store they owned in July
      > A new trial date is set for Dec. 2.
      > Biernat's decision sparked an outcry from jurors, who said they were
      > thoughtful and deliberate when deciding George's fate. Several
      > joined dozens of other people protesting outside of the circuit
      > courthouse before the morning bond hearing, carrying homemade signs
      > reading, "Keep Convicted Killers Behind Bars" and "Nothing `Comical'
      > About Murder."
      > Biernat on Friday said the case was too flimsy for a reasonable jury
      > to find George guilty. He made the ruling despite having twice
      > defense requests to toss out the case during the trial.
      > It's extremely rare for a judge to order a new trial after a jury
      > reached a verdict. The prosecution plans to file an appeal with the
      > state Court of Appeals within the next two weeks.
      > "I think it's a travesty," said jury foreman Garry Kuzinskoski, a
      > 45-year-old sales engineer.
      > "We went through every piece of evidence," added juror Madette Bui,
      > 39, a registered nurse. "Everybody agreed on first-degree murder. We
      > knew exactly why we were deciding it."
      > Joe Kosmala, George's lawyer, praised Biernat and lambasted the
      > calling it "renegade" and saying that jurors disregarded the judge's
      > instructions. He accused them of considering the penalty attached to
      > the charges – juries aren't allowed to weigh penalties – and decided
      > he was a murderer because the prosecution painted him as a liar and
      > philanderer.
      > Bui's jaw visibly dropped as Kosmala spoke.
      > "He wasn't in that room with us," she said after the hearing. "He
      > didn't hear what we talked about."
      > George was arrested in the slaying last year and charged by
      > Eric Smith's cold case unit. The case was circumstantial: The murder
      > weapon was never recovered and there were no witnesses to the crime.
      > "Although it was all circumstantial, it was all still evidence, and
      > all of it pointed to him," said juror Sandra Layne, 50, an
      > school custodian, who stood outside the courthouse with a sign
      > reading, "The jury has spoken."
      > In requesting a new trial Friday, the defense brought forth police
      > reports that weren't discovered until after the trial. One included
      > information about a man who knew the Georges and left town soon
      > the slaying.
      > Bui said that information wouldn't have changed her verdict.
      > "I hope our verdict stands," she said, "but if that doesn't happen,
      > they need to get a brand-new jury and a brand-new judge."
      > On Friday, Biernat accused Assistant Prosecutor Steve Kaplan of
      > inappropriately during the trial, in part because he showed a
      > of George in his closing argument that hadn't been admitted into
      > Layne laughed at the idea that the photograph swayed the jury's
      > decision. The picture, she said, "was just hokey."
      > The key evidence, she said, came from a longtime customer who said
      > called the comic book store and Michael George answered the phone
      > around the time police believe Barbara George was murdered. Michael
      > George had told police he was at his mother's house in Hazel Park in
      > the hours surrounding the shooting.
      > "I was 100% from the day we decided to convict him, and I'll be 100%
      > until the day I die," Layne said.
      > Biernat's ruling also has drawn harsh criticism from Smith, who,
      > the Friday ruling, has refused to offer defendants who come before
      > Biernat any plea deals.
      > Smith said that he's taking a stand against a judge who has gotten
      > soft on crime.
      > "This was just another example of that," Smith said. "It's time for
      > to stand up for the victims of crime in Macomb County."
      > Smith said he was offended Biernat held off on deciding the bond
      > issue. Biernat scheduled today's hearing on Friday, after he ruled
      > a new trial.
      > "He set this date. The families came out. He should have been
      > Smith said.
      > Of the three motions that faced him, Biernat ruled on just one: He
      > refused the prosecution's request that he recuse himself from the
      > case. He delayed ruling on another prosecution request that he
      > postpone the rescheduled Dec. 2 trial date until the state's Court
      > Appeals gets a chance to review the case.
      > Biernat said he ruled fairly throughout the trial and even avoided
      > media coverage of the case to maintain his objectivity. He even
      > avoided a post-conviction episode of NBC's "Dateline" program, he
      > But he criticized Smith's office for "vilifying attacks on the
      > in the days since he ordered a new trial. He said it could taint a
      > jury pool and "is contrary to the spirit of the law."
      > Joe Kowynia, Barbara George's brother, left the hearing
      > He said Biernat seems hell-bent on freeing George, and he expects
      > Friday's written ruling to allow him bond.
      > It's unusual for a judge to allow defendants facing first-degree
      > murder charges to post bond. Biernat set a $1-million bond; the
      > had to pay 10% and buy a GPS tether that kept George under house
      > arrest at his mother's. George, his two daughters and his second
      > Renee, live in Pennsylvania.
      > -----------------
      > Just as a side note, do you know what we call protesters and
      > outside of courtrooms? Unemployed. LOL.
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