Friday, November 1, 2013

With some issues resolved, Cordell Jude trial "may" finally be moving forward



If there is a saying that the wheels of justice turn slowly, I believe it. That is not to say that these wheels cannot be made to turn a little quicker when political pressure is applied, as we’ve seen in a certain recent case. Justice for Daniel Adkins, meanwhile, continues at a snail’s pace, with the actual proceeding—which was originally scheduled for mid-August—delayed at least for a few more days. 

However, a few of the “sticking points” preventing the trial from moving forward have been resolved. One is in regard to the prosecution’s attempt to bring into evidence the photograph of defendant Cordell Jude’s gun on his lap, and his tweets and photos regarding his marijuana use; any prior arrests or convictions were regarded as irrelevant to the shooting. The court allowed the photo of the gun on Jude’s lap—which has already been circulated on the Internet—to be brought into evidence, but only if used as corroborating evidence if Jude’s girlfriend chooses to testify that he frequently kept the gun on his lap while driving. The court, however, denied use of the tweets and photos in regard to drug use, since they could not be proven to be involved in the shooting.

Another issue that was resolved was the prosecution’s wish to deny the media access to the case file. The court denied this denial. The other issue of significance was that the court ruled in favor of a request by Fox National News to provide “camera coverage” of the trial. It was stipulated that the coverage was only allowed while the trial was in session, and only in the courtroom, unless with prior permission to do so elsewhere. 

Now for a little “commentary.” The way this case has been handled stinks, and it has from the very beginning. The story of a developmentally-disabled man walking his dog and then nearly being hit by a car—likely recklessly speeding out of a drive-through—and after a so-called "altercation" where the driver never left his car, was calmly shot to death in "self-defense,” seemed an example of gun culture run amuck.   Local law enforcement was slow to react, initially repeated the story that the victim stuck the car, before backing away from it after it became clear that shooter had told more than one lie about what actually happened. Adkins’ “pipe” or “baseball bat” turned out to be a dog leash. 

Maricopa County officials only reluctantly investigated the case, at first handing it off to some civilian panel to determine if Jude’s use of his gun even constituted a crime; it was four months after the shooting—and after Jude’s arrest while providing a “ride” for a couple of drive-by shooting suspects that he allegedly did not know—did police decide to charge him with 2nd degree murder. 

Meanwhile, not just the national, but the local media, mostly ignored the case; the editor of the Phoenix New-Times first told me he had never heard of it, then said it was just another homicide among many, and then sarcastically inquired if I was a "friend of the family" or a lawyer. But the case gained the attention of a few people on the blogosphere who noted its similarities (and critical dissimilarities) to another case that was making national news. If not for people outside the “mainstream” asking questions, Jude would likely never have been charged with a crime despite the fact he shot Adkins in cold blood for reasons that most rational people would find "insufficient."


Other thoughts: Jude seems to have been treated by law enforcement and media with the utmost ""respect," out on his own recognizance, even after failing a drug test. And justice has been delayed again and again and again. I find it curious why the prosecution doesn't want either cameras in the courtroom or media access to the case files. Is it afraid of prejudicing observers against Jude, given the power of the gun rights lobby? Or do they not want to be accused of racism if they appear to be too hard on Jude? And lost in all of this was a man with the mind of 12-year-old, walking his dog.

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