J.W. Price case

[BillB]

I saw an interesting discussion of the John Wiley Price case on TV this morning.
A veteran defense attorney made a big deal out of Price being led off in handcuffs. He said that was very unusual in such cases.
He said the Fed prosecutors wanted to signal to Price that they were serious about this case.

What difference does it make if Price thinks they are serious? How would his knowing that change anything?

The only thing I can think of is that they want to scare him into a plea bargain deal. That's where I think this will wind up.

[BigTex]

Leading him off in handcuffs - that won't fire up his legion of defenders any.

[Grassman]

He could run for office tomorrow and still get 80% of the black vote.

[ann jusko]

I think he will do some time. I think the prosecutors took some time to make sure they had the goods on him. But again, there is that jury.....

[LibraryLady]

A veteran defense attorney made a big deal out of Price being led off in handcuffs. He said that was very unusual in such cases.

Normally in a case such as this one, the Feds tell the person to come down and they do the paperwork.
Having JWP in chains and appearing in shackles was just an "in your face" to JWP, IMO.

I know someone who was a defendant (along with 15 others) in a Federal case. They were all told to come down at xx and enter pleas etc....except the "big dog" in the case, and they went out and arrested him....for show, IMO.

[BillB]

I think he will do some time. I think the prosecutors took some time to make sure they had the goods on him. But again, there is that jury.....

Price has been around forever and has a number of rabid followers.
It'll be hard to keep a Price supporter off that jury. All it takes is one for a mistrial.
My guess is there is about a 60/40 chance of convicting him- maybe less.

[Bob Of Burleson]

Change of venue?

[BillB]

Change of venue?

Price would have to request the change of venue.

Something just occurred to me. The government may have shackled and handcuffed Price (knowing it would be shown on the news), hoping Price would be stupid enough to request the trial be moved because of the bad publicity.
Price may be that dumb, but his attorney isn't.

[LibraryLady]

I thought prosecution can also request change of venue.

I'm sure Lipscomb didn't ask to go to Lubbock.

[BillB]

I thought prosecution can also request change of venue.

I'm sure Lipscomb didn't ask to go to Lubbock.

3. The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par. 3; Amendment VI. By making a motion for a change of venue, however, the defendant waives this constitutional right.


http://www.law.cornell.edu/rules/frcrmp/rule_21