I guess the most obvious question to ask is what do you think is the most plausible outcome? As in do you think the defense team is gonna take a plea for the federal case given all the variables (judge Carro's potential decision, evidence, politics of the decision, the current administration)? Thank you for all your helpful and informative posts!
Awh hi :) and of course, I love being here and yapping to you all!
I just posted a long winded ask about this as well, but I think there’s a few different options:
Tomorrow is not a plea deal. Instead it’s something to do with jury processes, moving custody/facilities, scheduling, etc. If that’s the case, then the state case goes on as normal and we get a full trial and jury verdict. Risky, but this is the usual course lol.
Tomorrow is a plea deal, the defense argues double jeopardy on the state case, and they win that argument. The state case will be dropped or very few charges will remain. This option is a toss up, because they still have the uphill battle of making the argument. However, it it wasn’t a winning argument, Joel wouldn’t have written a counter motion to throw a hissy fit about it before it even happened. I think recent precedent leans in their favor here, but they have to show that stalking resulting in death (federal) is essentially the same charge as NY murder 2. A tougher argument, but not impossible. Also, the NY double jeopardy clause is heavily construed/interpreted to favor the defendant.
Tomorrow is a plea deal, the defense argues double jeopardy in the state case, and they lose that argument. Even if that happens, the defense is significantly liberated without the dual trials hanging over them. They have a lot more freedoms with the defenses they can use, evidence they can present, and statements they can make, because they won’t be jeopardizing a subsequent trial. I don’t think this is a bad option either, compared to where we are now.
Also asking me about legal politics is basically flirting, so I’m blushing🤭as for politics, I think the feds know that they have a weak case, and them/the administration want a piece of Luigi’s ass so bad that they’re probably willing to give him a great plea deal. If it is a plea, I think it’ll be much lowe than we expect. Also, New York’s double jeopardy clause has been used a lot lately to bail out a ton of Trump’s buddies, which sets up precedent that is very favorable to Luigi. I think there’s a lot more judicial/court politics going into it that we aren’t aware of, but those are the basics. OH and I’d die to know the conversations between Carro and Garnett for the month of August… I’m sure there’s a lot of politics involved in the superiority of each system and trying to get a leg up on each other. Sorry, I’m such a fucking nerd omg
Anyways, I hope that was clear!