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[Adam]

It appears that the trials for TS are likely to be continued again. According to his defense attorney he is unable to continue the trials which start next week.      Sources tell me that the prosecution does NOT buy it and has demanded medical documentation. The prosecution and Tommys attorneys are to go before the judge this Thursday and the prosecution is going to ask the judge to deny any motion for a further continuance.

[Adam]

It appears the prosecution finds this maneauvor very 'suspicious.'

[Artiste]

Did someone say he had sufered a stroke?  (Very convenient timing!)

[Adam]

According to his attorneys he is unable to attend his own trials due to a stroke - the fact is this seems weird. The prosecuation clearly believes its bull. She is asking that the judge deny a motion for a continuance come Thursday.

[Johann]

Just asking because I do not know, but is it possible the case continues without Tommy being present? It seems like this is done in some areas.

[Bob Pickle]

So which hospital is Tommy in?

Is he at Jeff Anderson Regional Medical Center? 

Or is he at a different hospital?

[Gregory]

If Tommy has suffered a stroke of any significance, the trial will be continued to another time.

Criminal defendents have a Constitutional right to be present at their trial and to participate in the defense.  Yes, under very explicit circumstances a judge may determine that the defendant has given up that right and order the defendant out of the courtroom.  But, I do not see such happening to Tommy.

[Bob Pickle]

In case anyone is wondering, I was not being funny.

Apparently, if Tommy is in the hospital, he is not at the Jeff Anderson Regional Medical Center.

And that makes sense. Why be at a hospital with the same name as the attorney coming after you if there is another hospital in town, if you are in that town? That would not be conducive to recovery.

One problem, though, is that there is a chance that from the windows of that other hospital, one can still see Jeff Anderson Regional Medical Center, unless one is in a room on the east side.


Thanks for that clarification, Gregory.


If Tommy really has had a stroke, I would think Hal Steenson would ask the prayer warriors to pray for him. Anyone know if Hal has?

[Snoopy]

If Tommy indeed suffered a stroke of significant proportions, it should be easy to prove with medical records.  It will be interesting to see what proof his defense team is willing to provide...or not...

[Gregory]

Yes. Documentation of his clinical condiltion should be easy to demonstrate and clear to all.  So, on the assumption that he has had a massive stroke, or if you want to call it a cerebral vascular accident, the question now becomes:  At what time in the future will he be able to attend his trial and to participate in his defense?  His clinical condition may not   (?) prevent him from ever going to trial.

[Bob Pickle]

Gregory, what if Tommy never planned on participating in his own defense? What if he planned on having his lawyer(s) do everything, and on not taking the witness stand to testify?

[Gregory]

Participating in his own defense does not require that he testify.  It means that he is in the court room and that he and his attornies can consult in regard to the direction of the trial and  whatever has been presented in court.

In the rare case where a judge will expell a defendent from the court room, generally due to misconduct, the judge may allow time-outs for the attornies to consult with the client and the judge may direct that the defendent has an audio/video feed?  All of that depends . . .

Also, when appropriate, the judge may be able order the defendent into court, say in a hospital bed, with clinical providers be there to attend to the defendent as their care is needed.  However, consider the effect upon a jury in such as case where at every moment they are seeing the defendent as a highly disabled person.  Do you think that is such a case they would be likely to send the person to jail.  NOTE:  In such a case, the defendent, regardless of physical limitations, would still have to be able to participate in his  defense from the mental stand point.

[Gailon Arthur Joy]

I predict there will not be a criminal trial in the subject case. At worst, a plea!!!

Gailon Arthur Joy
AUReporter

[Gregory]

GAJ, if the evidence shows that Tommy has had a major CVA, I agree with you:  A trial is very unlikely.

[tinka]

Either way...judgement is coming.