Noooooooooo! Sealed TBI file proof enough for reversal of trials in fatal Christian/Newsom carjacking case, attorney says
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A file the public is barred from seeing is so damning as to require automatic reversals of the convictions in one of Knoxville’s most horrific crimes in recent times, an attorney argued Friday.
Doug Trant told Special Judge Jon Kerry Blackwood that the Tennessee Bureau of Investigation file on former Criminal Court Judge Richard Baumgartner presents “overwhelming” evidence the trials of four defendants in the January 2007 torture-slayings of a young couple were “structurally” flawed and must be overturned as a matter of law.
Trant served as co-counsel for Lemaricus Davidson, the convicted ringleader in the carjacking and killing of Channon Christian, 21, and Christopher Newsom, 23. Also in court Friday were attorneys for co-defendants Letalvis Cobbins, George Thomas and Vanessa Coleman.
All four are seeking new trials, in part, because of revelations Bau
Knox County Judge Richard Baumgartner
mgartner was buying from a felon on probation in his court and using hundreds of prescription painkillers.
The Tennessee Bureau of Investigation launched a probe of Baumgartner in late 2010 — months after the last of the four trials in the Christian/Newsom case. That probe showed Baumgartner was using drugs bought from felon Christopher Gibson as early as November 2009.
The TBI’s file has been kept secret, so it’s not clear if there are allegations the judge was abusing drugs before he was first introduced to Gibson in November 2009.
The information in the TBI file that attorneys insist plainly shows the need for new trials also is secret.
Although Blackwood has not cited a legal basis for the secrecy in any court document publicly available, he, so far, has ordered nearly every document filed in the case to be sealed since Baumgartner stepped down in March.
So the public has no way to know whether Trant’s argument has merit, whether the remaining defendants are adopting his argument or pursuing additional claims, such as alleged impairment by the judge while on the bench, or what state prosecutors Leland Price and TaKisha Fitzgerald have to say about the matters at issue.
The U.S. Supreme Court has defined structural error as a defect affecting “the framework” within which the trial took place that “infects the entire trial process.” Unlike a procedural or legal error, which merits reversal only if it could have impacted the outcome of the trial, a structural error requires automatic reversal, the nation’s high court has ruled.
Examples of structural error include the denial of a defendant the right to an attorney, a “biased” trial judge, racial discrimination in the selection of the grand jury, defective reasonable-doubt instructions and denial of a public trial. It’s not clear under which category Trant contends this case falls.
Blackwood said Friday’s hearing was set to decide two major issues — whether Jones can be forced to testify and whether prosecutors Price and Fitzgerald should be replaced by outside prosecutors. Because no records have been made public, it’s not clear why the pair of local DAs or the Knox County office itself might be asked to step away. Blackwood said only that members of District Attorney General Randy Nichols’ office had been interviewed as part of the TBI probe.
As for Jones, prosecutor Price said he wanted her to testify about her interaction with the judge both in court and in chambers during the four trials.
“She would be a key witness, an essential witness for us,” he said.
But Jones, through attorney Tom Scott, argued that her dealings with Baumgartner were protected by confidentiality rules often referred to as the attorney-client privilege, which keeps secret communications between an attorney and his or her client.
Davidson is on death row. Cobbins and Thomas are serving life sentences without parole. Coleman is serving a 53-year prison term. Baumgartner, who was placed on judicial diversion in March after pleading guilty to official misconduct, was disbarred this week by the state Supreme Court. If he obeys the terms of diversion, he will qualify for his state pension.More at Source
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This is unbelievable, these foul niggers may get a walk because some jew judge has a fuckin’ drug problem? I would say hang him but i think i can get arrested for that.
“If he obeys the terms of diversion, he will qualify for his state pension”.
This is what happens when jews right the laws.
WTF?
Oh I know I am so boiling mad right now and saying more the WTF. I can’t believe this BS, and it sounds exactly the way Jews would have mapped it all out.
hahahah you white btch!!!
Yep, to send the message that the lives of a young white couple don’t mean much compaired to some savage niggers.
Did you catch in that Rosenthal interview how he said the jews would put niggers on a pedistal to rise above whites?
Most of what that dirty bastard said back then is true today.
I agree it’s very frightening how true words spoken 1976 are happening and have been happening in 2011; thank you again so much for submitting this article Bailey!
“There will be a forced class warfare here in the United States and many will be liquidated. You will unquestionably be among them. The Jews will not be harmed. I’m not boasting! I’m giving you the facts! And it is too late for your Christian followers to put up a defense. That time is long past. Long, Long Ago we had to become the aggressors!! That is undoubtedly one of our great purposes in life. We are aggressors!! Because you stole your pretended religious beliefs from our Talmud.”
After reminding him that we thought he was intelligent but now realize that he doesn’t know what he was talking about he replied:
“Judaism is the unequaled culture — with nothing, nothing anywhere in the world to compare with it. Your so-called Christianity is an outgrowth of Judaism. The cultural and intellectual influence of Judaism is felt throughout the entire world — yes, throughout civilization.”
When I asked whether he thought we faced a problem eventually with the Blacks because of their startling population increase he said that the Blacks are helping to serve ‘our purpose’ which might mean several things.
We discussed the Black invasion of city, county and state and their prominence now in television. Also how ridiculous it is for Blacks to become converted to Jews — like Sammy Davis for instance. Mr. R. replied:
“That doesn’t mean anything. We know that a Black cannot become a Jew and that Sammy Davis is still Black. It may have been to his advantage to become converted. In reality he still remains a nigger and not a Jew.”
OK, after cooling off a wee bit, and thinking about this wouldn’t their conviction still stand seeing how a jury of their peers found them guilty / convicted them of the crimes?
I feel an utter lack of surprize. However, on a positive note: it is no guarantee these murdering apes will go free- just perhaps get a new trial. The same damning evidence from the first trail will be presented once again, except this time around it won’t be presided over by some pill-popping dickhead. The new trial would be done absolutely by the book by the new prosecuters assigned to the case and they will make sure not a single error in judicial procedure is made to ensure the niggers once again are sentenced to precisely what they deserve. And this time it will stick. Of course as fucked up and corrupt as the legal system is, they actaully could walk free- and I will spend 2 days vomiting into the sink…..
GET BIG VAT , COOK FOUR NIGGERS SLOWLY FOR THREE DAY AND CALL ME WHEN DONE…
I may be called a Pollyanna but it might be good if this bunch got a new trial.Perhaps then the public will be informed about this unspeakable crime and get a better picture of how ‘hate crime’ laws are applied.As it is most people in Tennessee don’t even know about it as the bias media tried to hide it.Also there’s a slim chance that more of them will get the death penalty in a retrial.
People of any race that do something like this to whatever race can never be trusted to be in society and should be put to death as it’s unfair to decent people to support them.I see no chance for them to walk from this as the courts couldn’t stand the publicity.
Well snakemeister I will have to agree with your Pollyanna views here, and we all can only hope that it makes more of the MSM as it should have been all along. I hope they all receive the death penalty, in the new trial. I just think it is a total crime to make the C/N families have to go through this all again. Like everyday since that fateful night isn’t a nightmare enough~
Every white person in the world should learn this article and we’ll see thousands of them eventually come to our side. Time to string these niggers up to save the rest of society from destructive gorrilas! Hitler said to win, we must use persistance and we gotta keep fighting! 14/88
Brian that is part of everyone’s mission to make others aware by reposting this to every site you can or emailing it to others. All it takes is to get a few others talking about it and there you go, you’ve started your own little circle of making others aware. Or just bring it up in conversation, it usually gets peoples interest to look further into this and in turn that is one step to opening peoples eyes.
Two of the niggers last names are Thomas and Davidson… aren’t those usually kike names?! Just shows you who really brought these criminals over… if only more of them could be like Herman Cain lol
Whites you aint safe.
just another reason for whites to get a concealed carry permit and learn how and when to use it ! niggers and jews are not to be trusted !