Boating Accident/Death off Diamond Island

[jmen24]

Originally Posted by sa meredith

Honestly....this is just plain foolish. I believe this the second, third, fourth, maybe fifth delay????
How many times can her attorney do this? Seriously? Maybe someone (SKIP?) knows?
I believe the last delay, was for the same exact reason...scheduled surgery. At what point does a "scheduled" court date take precedence?!
Is it possible, this is some type of tactic the defense is using? I realize she is very much in need of ongoing medical care, but it certainly could be carried out after the trial, whether she is incarcerated or not.

But if it is after and she is in fact incarcerated, then we the taxpayers fit the bill for her medical care, I say let her get it all done first.
If I were the judge I would make certain that is was completed in a timely manner, not this wait two weeks before each trial date, I am certain that her doctors have a timeline set in place for each surgury and what is required after, I believe it is called "care planning".

[Woodsy]

Sa...

The state isn't going to have a problem with this delay.... getting the jurors out on the ice to visit the crash site would be a difficult chore at best....

My money is on a trial after ice-out....

Woodsy

[Just Sold]

Judge McGuire will retire April 2 so this could mean a new Judge if the trial is delayed further.
http://www.fosters.com/apps/pbcs.dll...=2010701059856

[fatlazyless]

As a long time fan of tv shows Dragnet & Perry Mason, it seems like the numerical blood alcohol level is a very important number as to how the State of NH decides to prosecute any motor vehicle, driving related death.

What is the threshold blood alcohol level for DUI in this specific boating incident? Is it 0.08?

So, if the Belknap County Attorney can present the court and jury of 12 a blood alcohol level of .08 as opposed to .0799, it legally makes a big change in how the attorney designs their plan of prosecution.

With a local jury of 12 intelligent & serious jurors, isn't it a distinct possibilty they decide 'not guilty' in consideration of all the pain and suffering already endured? By incarcerating the indicted boat driver, who is the State of NH punishing and who is the State protecting? What is the mission of the State of NH's system for justice in a criminal case like this one?

As we all know, the deceased women was not a stranger but a very close friend of the boat driver. If the deceased person was the mother or sister of the boat driver, would that substantially change the State's plan of prosecution? Does the relationship between the two have any bearing on the prosecution or on the jury's decision?

If the blood alcohol level is 0.08, does that in the mind of the prosecutor, who follows state legal procedure, basically trump a death of a close friend relationship as the prosecutor designs his plan of prosecution?

If Perry Mason were teaching a first year classroom of law students, what would he say?

[OCDACTIVE]

I think speculating on the facts of the case is in extreme bad taste. The trial will occur soon enough and when the information is brought to light then we can draw our own conclusions. Until then to speculate, discuss, reflect, or make conjecture is frankly disrespectful to the unfortunate soul that was lost. IMO

If you want to discuss the merits of BWI I am sure we can start a BWI thread and have at it.

[BroadHopper]

Originally Posted by OCDACTIVE

I think speculating on the facts of the case is in extreme bad taste. The trial will occur soon enough and when the information is brought to light then we can draw our own conclusions. Until then to speculate, discuss, reflect, or make conjecture is frankly disrespectful to the unfortunate soul that was lost. IMO

If you want to discuss the merits of BWI I am sure we can start a BWI thread and have at it.

As a cousin of the deceased, I can't ask for a better statement. I would ask the webmaster out of respect to close this topic, if this taste continue.

[RI Swamp Yankee]

Originally Posted by Just Sold

Judge McGuire will retire April 2 so this could mean a new Judge if the trial is delayed further.
http://www.fosters.com/apps/pbcs.dll...=2010701059856

Maybe not per this quote from the story:
She will assume senior active status and will remain eligible to sit as a judge when needed.