Sean Higgins' attorneys files a motion to dismiss charges- Claims the Gaudreau brothers were more intoxicated than Sean Higgins was.

[Elysian]

It’s their job. If they don’t do so, it possibly could lead to a conviction being overturned upon appeal.

Yep exactly.

 

[Ratsreign]

Politicians.

Makes sense, as many of them are also lawyers

 

[Devilmademedoit]

Responses in this thread is why we have the due process we do. Mob justice is scary

That is an understatement

 

[Crow]

Agree it's part of their job. And agree the defense lawyer wouldn't be doing their job properly without questioning this, especially if the information was withheld.

But if you were hired for a job, and that job was to slap babies, you would still be a baby-slapper at the end of the day. Even if you claimed you were "just doing my job".

No, I would not and have not ever sought out a job slapping babies.

 

[Ratsreign]

Have you been called to testify? Unless you saw the actually accident, you are like the rest of us, putting pieces of the puzzle together and the one thing that I still found interesting was how quickly the prosecutors gave so much info out so quickly. And as time has passed we have received some contradictory information. I believe we still do not know everything

Defense atty taking a beating here for being a slimy lawyer...
Don’t forget that Prosecuting attys are also lawyers.

Hopefully, Higgins gets what he deserves according to the facts that come out in his upcoming trial.

 

[Memento]

Unfortunately, it's a defense attorney's job to paint their client in the most positive light they can, and that involves potentially smearing the victims, for good or ill.

Doesn't make it any less scummy to defend what Higgins did. He was literally drinking while driving (he had a beer can in his car that he admitted consuming at the time), and it was his aggressive, reckless, and frankly dangerous road rage that was more of a factor in the Gaudreau brothers' deaths than his drinking; alcohol just happened to be consumed at the time.

 

[Beerz]

I disagree.

The only one who "caused a hazardous situation" that night was Higgins, when he got behind the wheel of his car or truck and plowed into two unsuspecting cyclists. The Gaudreaus were riding their bikes on the shoulder and were no risk to any other motorist at the time. They may as well have just been walking, considering the cars passing them.

Their apparent intoxication was not in any way the cause or reason they died - Higgins was. 100%.

That simply isn't true. A bicyclist can be just as dangerous riding at night intoxicated. Swerving into oncoming traffic and causing a vehicle to go off the road and crash into a tree killing occupants.

I have no idea about the case..how much is known ect ... but just because a bike can not cause serious damage by itself thru impact... it is absolutely dangerous. A drunk person in and around the road is just as much of a public safety concern.

 

[Beerz]

Yes, I was using the incorrect word. What I meant was that if this information was withheld when he was indicted, he has a case for the charges to be dismissed due to not providing evidence to the grand jury.

I don't think it works, but there is a case to be made.

He may get another kick at the grand jury but I doubt the charges get dismissed cleanly.

 

[Golden_Jet]

I believe we still do not know everything

we know some bozo driving drunk, got impatient, passed a car on the shoulder and killed 2 people,
They have the testimony of the driver and anyone in the car, being passed if the the brothers were riding recklessly or not. Not likely as that driver would have been trying to avoid the bikes. That driver would also of testified if the drunk was road raging him or riding his bumper.

It’s not going to end well for the drunken idiot. They will give him the maximum sentence that they can.

 

[Bourne Endeavor]

But isn't the issue his driving, not the blood alcohol levels? I feel like we're getting the cause and effect badly mixed up here.

It is.

This is the defense trying to find any potential reasonable doubt to avoid what could be a 20 year sentence. I don't know how you argue the relevance of their blood alcohol level when Higgins drove off the damn road in a fit of road rage, but they'll certainly try.

 

[Rubi]

All I can say is that given the facts that Sean Higgins ran the Gaudreau brothers over while they were riding on the shoulder of the road... that defence lawyer has a lot of hutzpah.

 

[Mattilaus]

There was a documentary I watched once (can't remember the name) where a defense lawyer was able to put into words how he felt about his job.

He said the job of a criminal defense attorney wasn't to get people out of jail time if they deserved it, but that he believed the job was to be a check and balance for the justice system to ensure they are doing everything properly.

Yes, this could result in someone getting out of jail time they deserve, but that's the fault of law enforcement or the prosecution for either trying someone without sufficient evidence, mishandling the investigation, not being adequately prepared for trial, etc.

This is necessary because it reduces wrongful charges against innocent people as law enforcement and the prosecutors need to really make sure they have a solid case. Obviously this is in an ideal world, but just some food for thought on criminal defense attorneys. I've known good and principled ones and I have also met some less savoury Saul Goodman types.

 

[Ratsreign]

All I can say is that given the facts that Sean Higgins ran the Gaudreau brothers over while they were riding on the shoulder of the road... that defence lawyer has a lot of hutzpah.

The lawyer is maneuvering for a lesser sentence, it’s probably the best he can do for his client. according to info that is public, his client is not going to get off from the charges.

 

[Esq]

To lie and manipulate the system to get their guilty client out of trouble*

Fixed it for you.

"Within the rules" includes neither lying nor manipulation. So you didn't fix anything. You are just angry.

And listen, it's clear you don't like the US legal system. That's your right. You are allowed to be angry. But throwing a tantrum on a message board won't fix it. If you want to help fix it, work to elect better local officials.

 

[Sasha Orlov]

To lie and manipulate the system to get their guilty client out of trouble*

Fixed it for you.

I really question how defense attorneys sleep at night.

Filing shit like this to try to get clients they know are guilty as f*** out of facing the music. And knowing that sometimes they succeed.

Why won’t you answer my question? What do you do for a living?

 

[bringbacktheskate604]

Filing stuff like this is literally a defense attorney's job.

It sucks because it looks like it's shaming the victims, but a defense lawyer *not* doing this is committing gross negligence.

It sucks because we see all the time the DA with holding evidence which gives legal president for a mistrial.

It way very well have been a mistake or just them being incompetent but it opens the door for the defense to say they purposely did it because it would weaken their case and now This guy might get off on a technicality, free to possibly put someone else at risk.

 

[Regal]

"Police and prosecutors cut corners" is one hell of a way to justify getting off shitheads who you know are guilty.

Every system needs checks and balances. Assuring everyone is given a fair trail is far more important than you’re giving it credit

 

[Bandit]

Feels like hitting them because he was passing on the right on a one lane road makes whatever they were doing irrelevant. Then again, our “justice” system is absurd.

 

[T REX]

Guy is entitled to his due process in court like everyone else. Really don't think we should have something like this open as obviously everyone is very sad about the tragic loss of life involving the two young men. I'd prefer to let the legal process play itself out rather than give everyone a platform for their take.

fair post...I'm as guilty as anyone when it came to an emotional conclusion in this story.

it is an immense and senseless tragedy.