MSU bball player getting special treatment?

[deputygrizbro]

Found this in the Interlake just now:

Branden Miller can wear street clothes during trial
BOZEMAN, Mont. (AP) -- A district judge has decided that former Montana State basketball player Branden Miller can wear street clothes and won't be handcuffed or shackled during his murder trial next month.

Defense attorneys had also asked that police officers not be in uniform in the courtroom, saying that could make Miller look like a threat to jurors.

Miller is charged with kidnapping and murder in the June 2006 death of Jason Wright. His trial is scheduled to start January 22nd.

District Judge Mike Salvagni ruled Wednesday that at least one officer will be in uniform and armed and the officer who escorts Miller will be armed, but will wear street clothes.

Former MSU redshirt football player John Lebrum is also charged in Wright's death.

hosted.ap.org/dynamic/stories/M/MT_MSU_ATHLETES_MURDER_MTOL-?SITE=MTKAL&SECTION=HOME&TEMPLATE=new_dil_template.html

I just don't get it... so the judge is trying to practically put a halo on top of this kid's head or something? How the hell does that make any sense? "No no, it's okay, if he looks like a good kid, it'll be harder for the jury to convict him" :lame:

 

[grizpack]

Has to do with the whole "innocent until proven guilty thing."

If you are sitting there in an orange jumpsuit, some may jump to the conclusion that you are pretty much guilty.

First I have ever heard about the officers not being in uniform though. As those are their official "work" clothes, I would think they will be in uniform.

 

[deputygrizbro]

Has to do with the whole "innocent until proven guilty thing."

If you are sitting there in an orange jumpsuit, some may jump to the conclusion that you are pretty much guilty.

First I have ever heard about the officers not being in uniform though. As those are their official "work" clothes, I would think they will be in uniform.

Yeah, but how many other people that are standing trial for a violent crime get the luxury of being in street clothes, not in cuffs, and get to look like a good kid for the jury? Try and explain that to probably 90% or more of those who have stood trial for any violent crime and see what they think. It's just the damn liberal justice system down in Bozeman these days...

 

[putter]

Most defendants get to dress in normal clothes during the trial so this is nothing special. Not having armed officers in the courtroom is a little different.

 

[griz8791]

I think it is SOP to let the accused wear civvies to trial. I think making them wear prison orange and irons during trial would be a very, very rare exception that doesn't get any where close to 90% of the criminal defendants who go to trial.

 

[deputygrizbro]

You guys say that most of the accused, and it's SOP for them to not wear the jumpsuits... now, just to be clear, we're also talking about murderers and other violent offenders? Im sure that a guy being tried for embezzelment doesn't wear a jumpsuit, however Im sure that someone who is on trial for murder doesn't really get to be treated like that... you know, considering it's murder! I could be wrong, but I'll ask some people that will know.

 

[Bay Area Cat]

Yeah, but how many other people that are standing trial for a violent crime get the luxury of being in street clothes, not in cuffs, and get to look like a good kid for the jury?

I think the answer is, "Virtually every single one of them."

The exception may be Hannibal Lecter. But that was a movie.

 

[OnlytheTruth]

You guys say that most of the accused, and it's SOP for them to not wear the jumpsuits... now, just to be clear, we're also talking about murderers and other violent offenders? Im sure that a guy being tried for embezzelment doesn't wear a jumpsuit, however Im sure that someone who is on trial for murder doesn't really get to be treated like that... you know, considering it's murder! I could be wrong, but I'll ask some people that will know.

Did you watch the OJ Simpson trial?

 

[Bay Area Cat]

You guys say that most of the accused, and it's SOP for them to not wear the jumpsuits... now, just to be clear, we're also talking about murderers and other violent offenders? Im sure that a guy being tried for embezzelment doesn't wear a jumpsuit, however Im sure that someone who is on trial for murder doesn't really get to be treated like that... you know, considering it's murder! I could be wrong, but I'll ask some people that will know.

What rationale would there be for treating murder suspects any differently from jaywalkers in terms of allowing them to present themselves and their cases in as professional a manner as possible (including making the defendent look repsectable) in a court of law?

Are people accused of murder automatically presumed to be guilty and therefore not allowed the rights of other defendents?

Unless a criminal is a risk to those around him/her, I think it would make sense that they would be allowed to dress normally.

I don't know about the uniform-less police, etc. It's kind of suggesting that the guy might be a little shell-shocked or something right now, and they are making accomodations for him in order to have a trial that won't be deemed to be a mistrial by a higher court. I really, really doubt that the Gallatin County court system is going soft on this guy out of any touchie feely sentiment -- they just want to make sure that the trial is deemed to be fair and that the expected conviction sticks.

 

[OnlytheTruth]

Has to do with the whole "innocent until proven guilty thing."

If you are sitting there in an orange jumpsuit, some may jump to the conclusion that you are pretty much guilty.

First I have ever heard about the officers not being in uniform though. As those are their official "work" clothes, I would think they will be in uniform.

Yeah, but how many other people that are standing trial for a violent crime get the luxury of being in street clothes, not in cuffs, and get to look like a good kid for the jury? Try and explain that to probably 90% or more of those who have stood trial for any violent crime and see what they think. It's just the damn liberal justice system down in Bozeman these days...

Liberal and Bozeman coming from a Missoula chat board? That is hilarious

 

[deputygrizbro]

You guys say that most of the accused, and it's SOP for them to not wear the jumpsuits... now, just to be clear, we're also talking about murderers and other violent offenders? Im sure that a guy being tried for embezzelment doesn't wear a jumpsuit, however Im sure that someone who is on trial for murder doesn't really get to be treated like that... you know, considering it's murder! I could be wrong, but I'll ask some people that will know.

What rationale would there be for treating murder suspects any differently from jaywalkers in terms of allowing them to present themselves and their cases in as professional a manner as possible (including making the defendent look repsectable) in a court of law?

Are people accused of murder automatically presumed to be guilty and therefore not allowed the rights of other defendents?

Unless a criminal is a risk to those around him/her, I think it would make sense that they would be allowed to dress normally.

I don't know about the uniform-less police, etc. It's kind of suggesting that the guy might be a little shell-shocked or something right now, and they are making accomodations for him in order to have a trial that won't be deemed to be a mistrial by a higher court. I really, really doubt that the Gallatin County court system is going soft on this guy out of any touchie feely sentiment -- they just want to make sure that the trial is deemed to be fair and that the expected conviction sticks.

Okay, so I talked to a couple people and they told me that if they post bail and are out, then obviously they'd be in street clothes, etc. Not sure if this kid is out on bail or not, but that's one case. The other is usually, depending on the judge, they defendant can dress in civilian clothing if (like bay cat said) he/she is not a threat to anyone around them. But it is the judges call, but said they usually allow it so that they can't come back and say that the jury was given a negative image from the beginning. So I guess I was wrong there, but I just htought that violent offenders weren't given the same treatment as others, just based on the nature of the crime.

But yeah, as for teh cops not being in uniform, I guess that is a special consideration they're asking for... but is not common at all to receive because they have to be there for the protection of everyone in the room.

 

[griz8791]

Having the cops in plainclothes is unusual. Allowing the accused to appear in civvies is not. Generally speaking I am not a big fan of criminals -- convicted criminals or even just accused -- but I just don't see how there could be any valid objection to letting the guy appear in civilian clothes as opposed to making him sit there in front of the jury in the orange jump suit and leg irons. If the cops have the right guy and the prosecutors know what they're doing, they don't need cheap theatrics to make the guy look like a criminal. They use "evidence" for that.

 

[#15 Fan]

OK, so yea, it's pretty common to have the guy where normal clothes during the actual trial. As far as the initial appearance, omnibus hearing, suppression hearing, etc...if the guy is in jail, most of the time he's wearing jail clothes cuz he's pulled directly out of jail and those steps in the process don't last more than a couple of hours. As for the actual trial, almost always the defendant is allowed to dress in business attire, regardless of the crime committed, unless a judge won't allow him in the court room, which then he sits in a separate room and views the trial from a courtroom camera.

As for the uniformed guards...there is always at least one uniformed officer in the courtroom. If it's in Gallatin County, they have at least 2 or 3 courtroom officers that are uniformed and armed...have you seen some of the outbreaks in courtrooms from defendants, family members, etc? As for the officers testifying, it depends on the officer. Most street officers dress in their dress uniform, while many detectives while dress in a suit. Again, it depends on the officer appearing in the trial. As for officers watching, they usually dress in uniform if they're viewing and most of those viewing are usually working before, during, and/or after the trial. If I were Gallatin County, I would tell all the officers to show up to watch in their uniforms. To ask for no one to be uniformed or armed, that's completely assinine. Next, let's ask the judge NOT to sit higher than the rest of the court, you know, cuz it makes the judge look too powerful. And let's paint the courtroom a soft color, pink, maybe babyblue, you know, to make it more peaceful and allow the jury and defendant feel "comfortable". What a joke...

 

[Grizbacker1]

Personally I don't have an issue with it. If the judge ruled in that manner he must have had a reason. The way I see it is someone made an issue of it, the judge addressed it, now there is one less thing to appeal should he be convicted. :twocents:

 

[kemajic]

Has to do with the whole "innocent until proven guilty thing."

If you are sitting there in an orange jumpsuit, some may jump to the conclusion that you are pretty much guilty.

First I have ever heard about the officers not being in uniform though. As those are their official "work" clothes, I would think they will be in uniform.

Yeah, but how many other people that are standing trial for a violent crime get the luxury of being in street clothes, not in cuffs, and get to look like a good kid for the jury? Try and explain that to probably 90% or more of those who have stood trial for any violent crime and see what they think. It's just the damn liberal justice system down in Bozeman these days...

Liberal and Bozeman coming from a Missoula chat board? That is hilarious

I was thinking the same thing...

 

[deputygrizbro]

Has to do with the whole "innocent until proven guilty thing."

If you are sitting there in an orange jumpsuit, some may jump to the conclusion that you are pretty much guilty.

First I have ever heard about the officers not being in uniform though. As those are their official "work" clothes, I would think they will be in uniform.

Yeah, but how many other people that are standing trial for a violent crime get the luxury of being in street clothes, not in cuffs, and get to look like a good kid for the jury? Try and explain that to probably 90% or more of those who have stood trial for any violent crime and see what they think. It's just the damn liberal justice system down in Bozeman these days...

Liberal and Bozeman coming from a Missoula chat board? That is hilarious

I was thinking the same thing...

I am definitely NOT liberal... it just so happens that my favorite college team is in mini-Seattle...