Yes. Good point. The “victim” can refuse to testify, which could influence the prosecution’s decision to continue.
The bruise is not an element of what he is charged with. I don’t understand why you don’t get this. It is evidence of the crime, but causing a bruise is not required to convict him of battery.
It is entirely possible for a judge or a jury to disregard the bruise completely and still find that he committed battery.
Of course it is. Without proof of some overt act, it’s just as likely that a judge or jury will find there is insufficient evidence that a “crime” has been committed.
Umm you mean like video evidence of him grabbing her? Hello?
Because he does not choose to get it.
Hello. I mean more evidence than simply touching her arm. If this were a kangaroo court made up entirely from the Democrat collective, Lewandowski would be drawn and quartered, and then teased unmercifully. :eek:
Remember, there will be a defense attorney presenting other possibilities IF the reporter can convince the jury that a crime was actually committed.
Are you saying the bruise is not an element of what he is charged with?
What punishment do you recommend for Class B justifiable arm touching?
Do you not understand the difference between the reporter and the prosecutor? Convincing the jury a crime was committed is not the reporter’s job,
I would hope, for his sake, that his defense attorney presents such “other possibilities” before the jury is convinced. Maybe that’s just me.
I was trying to skip this post, as it is just about as completely ignorant of the facts as anything else you’ve posted in this thread. Ah, well. . .
Florida law, as quoted by me in post #76 above, does not require physical harm to have occurred for someone to be convicted of the crime of battery. In my view, the evidence that will be provided by the nearby Washington Post reporter and by the video provide sufficient evidence to convict Lewandowski. You’re simply whistling past the graveyard.
And, yes, it’s a minor crime, a misdemeanor, with minor penalties as are appropriate for a misdemeanor. It’s still a crime.
And you know the ridiculous thing? If he had simply manned up, and said, “Yes, I grabbed you. I apologize. I wasn’t thinking, it won’t happen again, and I’m very sorry,” it would have ended right there. He didn’t try to claim it was just a touch, he didn’t try to claim it was justified–both of which you are asserting–he said it never happened. That was a lie.
If the bruises were not caused by this event then she is a fraud. That’s why it’s relevant. It just won’t do to say that a bruise is not part of the battery law.
(I am a bernie voter)
The judge or jury will be entirely correct if they choose to believe that she is lying out her ass about how she acquired the bruise, and still, due to other evidence, convict Lewandowski of battery.
So far, only one person has been shown to be a liar, and it’s not Fields.
Still by your lights it is not “irrelevant” to this case. It’s just not determinative, or predictive.
Fair enough, it’s relevant, but not determinant. But Frank’s rebuttal was aimed at the latest coordinates of doorhinge’s goalposts: the implication that without the bruise, there’s no proof that a crime has been committed.
Oh, good heavens. I’m not even remotely understanding this.
Florida law does not require physical harm in order to convict someone of the crime of battery. See post #76 above.
No, really, I didn’t know what any schoolchild does.
In fact, as has been stated before and you have apparently glossed over or simply ignored, an unsanctioned touch is battery under the law. The only real question left is intent.
I think the point he’s making is that if the photos Fields took are verified as genuine, and the position of the bruises is consistent with the video evidence, it helps her case. If it comes out that she fabricated the bruises thing, it could hurt her case by damaging her credibility. Either way, Lewandowski is in for a tough fight since there’s video of him grabbing her, plus at least one witness, plus his credibility is already damaged by lying about it.
I find it really incredible that anyone could profess not to mind at all if those bruises didn’t come from that event, when she used them as evidence and put it out in the news cycle.
If she made that up it demonstrates consciousness that it wasn’t a big deal and that she needed to exaggerate and lie about it.
I didn’t move any goalposts on anyone.
Don’t get me wrong, if it turns out that she faked the bruises or something, that would make a huge difference in my opinion of her and the case. Frank’s point is just that the bruises aren’t relevant to meeting the charge of simple battery. She doesn’t need bruises to win this case, but now that she has them, they could help or hurt, depending on how they match up with the rest of the evidence.
Also, I was accusing doorhinge of moving the goalposts, not you.
Understood. I just wanted to clarify my stance vis a vis goalposts.
Nothing in the real world is a simple case based on a simple technical definition. On a thread you can argue what simple battery is. Not much point in that really, to me.
Not that it wasn’t battery, but her making up those bruises is a real big deal, in the real world and in court.
You can’t feel victimized and then lie and fabricate all you want. You don’t have a license to do that and it will be relevant.