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Old July 10th, 2015, 02:07 PM   #21
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His job.
And what is his job?
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Old July 10th, 2015, 03:16 PM   #22
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And what is his job?
Hon, if you don't even know what the job is of the guy in charge of allowing a child molester to cross examine 7 and 8 year old victims of his, how am I suppose to have a conversation with you?

Seriously, JB.
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Old July 10th, 2015, 07:56 PM   #23
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Hon, if you don't even know what the job is of the guy in charge of allowing a child molester to cross examine 7 and 8 year old victims of his, how am I suppose to have a conversation with you?

Seriously, JB.
Explain the difference between what is and is not allowed for moral reasons and what the law allows to prevent a mistrial or an appeal?
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Old July 11th, 2015, 07:44 AM   #24
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Originally Posted by Jimmyb View Post
Arizona Constitution,Article 2, Section 24:



The Sixth Amendment:
Do you really think this means the right to cross examine children?
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Old July 11th, 2015, 08:14 AM   #25
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I didn't even think children that young could be made to testify in court?
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Old July 11th, 2015, 09:13 AM   #26
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If someone is a witness against you how can you not cross examine them. The problem here is multiple, the court should only allow an attorney to cross examine, not the defendant. What is Arizona law regarding children who have been sexually abused?

But the history of this judge is not good. I linked to a video news report about how he would not allow a mother to leave Arizona with her child to escape her ex. The judge said she was free to leave Arizona herself, but not with the child. She stayed, naturally. Two weeks later the ex killed her, and her mother, then himself.


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Old July 11th, 2015, 09:16 AM   #27
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Do you really think this means the right to cross examine children?


Well....... If they are to testify against someone, what would you do then? If they can testify they must be cross examined if defendant wishes. Question is who will do the cross. Now they might be able to not be in the courtroom when and if this happens. Do it by remote video. He clearly intends to intimidate.

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... deputy county attorney Kelli Luther argued strenuously against allowing Simcox to “control his own victims in the courtroom,” pointing to U.S. Supreme Court and federal appellate court rulings allowing for special accommodations to be made in similar instances.
http://dneiwert.blogspot.com/2015_03_29_archive.html

The story is not over as a further hearing is in two weeks on this issue.



Last edited by excalibur; July 11th, 2015 at 09:24 AM.
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Old July 12th, 2015, 02:57 PM   #28
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Do you really think this means the right to cross examine children?
A little background. The confrontation clause is another one of those pesky things from the Bible and English common law that atheists deny as a source of our laws. It come from Deuteronomy 19:15-18:

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15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
16 If a false witness rise up against any man to testify against him that which is wrong;
17 Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days;
18 And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;
Note that 15 is found in the treason clause of the Constitution.

It is also in Acts 25:16:

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It is not the manner of the Romans to deliver any man up to die before the accused has met his accusers face-to-face, and has been given a chance to defend himself against the charges.
It was used in the common law of England as "altercation."

When the Sixth Amendment was written, the dictionary meaning of the word "confront" was thus:
To stand face to face in full view; to face; to stand in front; To set face to face; to bring into the presence of; as a accused person and a witness, in court, for examination and discovery of the truth; followed by with.
In the first major case regarding the confrontation clause, Mattox v. United States (1895), the court ruled,
The primary object of [the clause] was to prevent depositions or ex parte affidavits, such as were sometimes admitted in civil cases, being used against the prisoner in lieu of a personal examination and cross-examination of the witness.
But there also is precedent in Maryland v. Craig (1990) the judge could have used allowing a child in a similar situation to testify via closed circuit television.

So the judge may have an out, but it is a state trial, and there is the state constitution he has to wrestle with as well.
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