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South Dakota Atty General
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<blockquote data-quote="Allen" data-source="post: 319182" data-attributes="member: 389"><p>Ok, so I watched the video, and my armchair prosecutorial skills have come up with some observations.</p><p></p><p>1. The dude is a lawyer, and that's why he states repeatedly that he did not see the guy and the car together.</p><p></p><p>2. He bold-faced lied about being on his phone's internet mere minutes ahead of making the 911 call.</p><p></p><p>3. The deceased man's location, use of flashlight, and fact others had seen him on the shoulder of the road means any other reasonable driver should have seen him.</p><p></p><p>3a. Whether the guy's story of trying to set his cruise control, or whether he was reading the Biden article is the dividing line. Setting your cruise control is not likely grounds for distracted driving charges, but if a jury believes he was using his phone for email or reading the Biden article, that's a major problem.</p><p></p><p>4. What he has going in his favor is the sheriff, who also did not see the flashlight laying in the ditch, glasses in the car, or the body on the side of the road. I am not going to go so full on conspiracy theorist to think the sheriff is/was helping cover up anything.</p><p></p><p></p><p>I'd really hate to be on this jury.</p><p></p><p></p><p>FWIW, I watched the full video for a couple of reasons. First being I was the DD and giving someone else a ride home a couple weeks ago and we ran across someone walking down the shoulder of a narrow paved road, on a very dark night, wearing black, with no flashlight and with -40 wind chill. Like him, I sure didn't expect to see anyone walking out in the country well after midnight. While I didn't come even close to hitting her, even at a mere 45 mph it was really fast at how she popped out of the dark on me. So it's been a moment of reflection for me because a very brief lapse in attention could have spelled disaster. In the end I got to be the safe ride home for more than one person that night.</p><p></p><p>Secondly, the interrogation process is interesting in itself. These interviewers did an excellent job of "trapping" him in bold-faced lies (whether they are relevant is open to interpretation) before letting him in on what they already knew based on the indisputable facts (he clearly is not tech savvy). I NEVER want to meet them on a professional level. Then again, they probably don't want to get to know me either. <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite8" alt=":D" title="Big grin :D" loading="lazy" data-shortname=":D" /></p></blockquote><p></p>
[QUOTE="Allen, post: 319182, member: 389"] Ok, so I watched the video, and my armchair prosecutorial skills have come up with some observations. 1. The dude is a lawyer, and that's why he states repeatedly that he did not see the guy and the car together. 2. He bold-faced lied about being on his phone's internet mere minutes ahead of making the 911 call. 3. The deceased man's location, use of flashlight, and fact others had seen him on the shoulder of the road means any other reasonable driver should have seen him. 3a. Whether the guy's story of trying to set his cruise control, or whether he was reading the Biden article is the dividing line. Setting your cruise control is not likely grounds for distracted driving charges, but if a jury believes he was using his phone for email or reading the Biden article, that's a major problem. 4. What he has going in his favor is the sheriff, who also did not see the flashlight laying in the ditch, glasses in the car, or the body on the side of the road. I am not going to go so full on conspiracy theorist to think the sheriff is/was helping cover up anything. I'd really hate to be on this jury. FWIW, I watched the full video for a couple of reasons. First being I was the DD and giving someone else a ride home a couple weeks ago and we ran across someone walking down the shoulder of a narrow paved road, on a very dark night, wearing black, with no flashlight and with -40 wind chill. Like him, I sure didn't expect to see anyone walking out in the country well after midnight. While I didn't come even close to hitting her, even at a mere 45 mph it was really fast at how she popped out of the dark on me. So it's been a moment of reflection for me because a very brief lapse in attention could have spelled disaster. In the end I got to be the safe ride home for more than one person that night. Secondly, the interrogation process is interesting in itself. These interviewers did an excellent job of "trapping" him in bold-faced lies (whether they are relevant is open to interpretation) before letting him in on what they already knew based on the indisputable facts (he clearly is not tech savvy). I NEVER want to meet them on a professional level. Then again, they probably don't want to get to know me either. :D [/QUOTE]
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