With that, out to Portland.
Michael Reinoehl has given an interview on video in which he openly admits killing Aaron 'Jay' Danielson by shooting him. But, he says, he acted in self defense--and in defense of a friend "of color." Apparently in his warped mind, he thinks that that assertion is like a Get Out Of Jail Free Card. We've already learned about the many stupid things Reinoehl has done in his life, but this seems a suitable way to cap them all off. Shipwreckedcrew has some fun explaining what will happen at Reinoehl's trial--when it comes.
Basically, the video interview is hearsay, so it can't be admitted by the defense. However ...
REVISION: Hearsay is typically defined as an out of court statement offered for the truth of the matter asserted. Suppose Reinoehl wants to use the video as evidence that he acted in self defense. The video is a statement made out of court and, since it would be offered for the truth of what was asserted in it, it would be hearsay and thus inadmissible by the defense. Moreover, no exception to the rule should apply because the witness who can testify to the truth of the assertion on the video is actually present--it's the defendant himself! If he wants to raise that defense he'll have to take the stand and do it himself.
However, if Reinoehl should take the stand, that video can be used in evidence against him--for example, as evidence that he actually did shoot Danielson if Reinoehl should attempt to deny that at trial. In that case the video would be used to impeach the witness--Reinoehjl, the defendant--on cross examination.
So, if Reinoehl takes the stand to testify, the video interview can be used on cross examination by the prosecution. The baseline for the jury then becomes: We have his video admission that he shot and killed Danielson, so who believes there was a knife anywhere? Where's the knife now? If we don't believe the story, then his admission means he's guilty
It's also worth noting that this is, at last count I believe, the third time he'll have been arrested for illegal carry in a very liberal carry state. And the second time in a city that prohibits carry of a loaded weapon.
So here's how SWC sees the trial going:
Man Linked to Killing at a Portland Protest Says He Acted In Self Defense -
Bad Legal Take:
"Give the interview. When it is time for trial, we won't need to call you as a witness. We'll just play the video for the jury to establish your self-defense claim."
Who wants to point out the problem here?
You can’t admit the recording in lieu of his testimony. However, it can be used against him, especially if he takes the stand.
You cannot offer your own hearsay statement to avoid CX [Cross Examination]. By doing so you make yourself a witness, and waive your 5th Amendment right to remain silent.
Fun-time on CX.
"You just admitted to shooting and killing that man, correct?"
"You claimed he had a knife, correct?"
If that is not accurate, then you were not in fear for your life or your friend's life, correct?"
If you were not in fear, then you did not shoot in self-defense, correct?"
"But you still shot him, didn't you?"
"And if there was no knife, you murdered him, right?"
"Did you yell "Knife"?
"Did you do anything other than shoot?"
Who is the first person you told about the knife?"
"When did you tell that person about the knife?"
An hour or so of that, and the answers will soon become incoherent.
Then we'll get back to "If the jury doesn't believe there was a knife, then you murdered him, right?"
That one will draw an objection -- unless the Def. Lawyer is worn out too.
UPDATE: Reinoehl has been taken into custody. Definitively.
Michael Reinoehl's arrest was mostly peaceful.
10:47 PM · Sep 3, 2020·
Assuming that the Portland DA will prosecute is a pretty big leap of faith.ReplyDelete
All this is know to his Defense, which must mean, it seems, that they know he's screwed at trial, no matter what, so simple public/political consumption is all this is intended for.ReplyDelete
"Let's at least serve the political narrative now & give our side (the mob & their Democrat politician/media enablers) a defense narrative to hang its hat on till election day."
Really does seem that simple, or something close to it.
Why assume there is a lawyer. It could have been advice from an antifa friend who is, like, you know, really, really smart. Saying you needed to save the life of a "colored friend" will totally work!Delete
Yeah, I thought about that afterward. I still think this probably wouldn't have happened if Democrats didn't want it to happen, but I have less than zero evidence to support that. Just a hunch.Delete
I think it's arguable that the purpose of this hit was to try to suck Trump and Barr into a violent response and thus create martyrs on the Left. Trump and Barr are too smart for that.Delete
Socialism - the historical cut-and-paste movement. Now they have their "Horst Wessel".Delete
@Mark: I'll buy that.Delete
Narrator: There was, in fact, no knife.ReplyDelete
Quincy: It was murduh!
Please note my revision. It doesn't change anything but may make things a bit more clear.ReplyDelete
I presume that the local US Attorney has been considering whether there may be some theory under which Reinoehl could be prosecuted under some federal statute. Perhaps a civil rights violation or maybe some terrorist provision. I have nothing more specific to offer, but we may see that from some of the ex-prosecutors out there, like SWC.
If, say, the Feds got convictions for a civil rights violation, or whatever, could they then also pursue the local brass for their obvious effort to cover for the perp, e.g. a charge of conspiracy to Obstruct the survivors' civil rights?Delete
"You cannot offer your own hearsay statement to avoid CX [Cross Examination]. By doing so you make yourself a witness, and waive your 5th Amendment right to remain silent."ReplyDelete
Michael Reinoehl, Who do you think you are, O.J. Simpson?
That explains ObamaReplyDelete
Apparently he was just killed as authorities went to arrest him. I've not yet read the article, but here's a NYT link:ReplyDelete
I read the NYT article earlier.. Talk about a sickening piece of propaganda! The writers have darned near nominated Reinoehl for sainthood. Saying Reinoehl had to shoot him in self-defense. Lies. Now the Antifa message boards are calling for the takedown of the law enforcement officers who were responsible for arresting him and had to take him down when he put up armed resistance, calling them “executioners”.Delete
Antifa is a cancer brought to our country from Europe. It must go.
Bebe, I agree on all counts.Delete
It is being reported that Reinoehl was killed tonight in Washington when being arrested by a "federal fugitive task force."ReplyDelete
He's dead, Jim.ReplyDelete
Well, drawing a weapon on a joint Marshals/FBI fugitive task force isn't merely stupid, it's terminally stupid.ReplyDelete
Update, no need for this, the idiot is dead.ReplyDelete
Unfortunate in some ways. OTOH, I suppose details of his connections will yet come out.ReplyDelete
So, the shootout took place in Washington state. He was an interstate fugitive or UFAP--Unlawful Flight to Avoid Prosecution--since Portland had a warrant for him. That allowed Feds to take him. I'll 'warrant' that the Feds had an eye on him the whole time.ReplyDelete
Curious to know what the warrant was for, andd what DA issued it, and when.ReplyDelete
I read that it was for murder, but don't know anything definitive. I also read that the arrest warrant was out of Portland and had been sought by the PD--as would be necessary.Delete
I would have thought an fbi team, vs marshals would be involved.ReplyDelete
Marshals recently seem to be doing more law enforcement than the FBI in the news. Mass Children rescued, deputizing Oregon state police, and this.
The US Marshal Service is the enforcement arm of the federal courts. The federal crime for which Reinoehl was being sought was UFAP, unlawful flight across states lines to avoid prosecution--he was a fugitive from justice. Since UFAP directly involves the courts the Marshals can get involved. Nowadays there's a fugitive task force that includes the FBI, Marshals, and probably other agencies as well--depending on things like violations involved.Delete
Debra Heine has a piece on Reinhoehl’s shooting. She also includes interesting background on the Vice video that Andy Ngo calls a “fluff piece” done by an Antifa “apologist” whose focus is on gaining mainstream acceptance for Antifa. Donovan Farley. Heine’s article also includes quotes from Tucker Carlson’s interview of Chandler Pappas, who was walking with Danielson in Portland when Danielson was shot.ReplyDelete
Heine always digs a little deeper….
I saw elsewhere a quote from the interview: "I fired the first shot of a civil war."Delete
Also from Steve Sailer:
Judging from what little I’ve read about the shooter, mostly from his sister, he was your basic Trouble-With-A-Capital-T type: e.g., he’d steal his mom’s seizure medicine. I doubt if he was exceptionally ideological, but in Portland being on the left gives you an excuse to act out your various anti-social urges.
He was arrested once or twice over the summer for carrying a gun before he shot the guy who was spraying him with something defensive like mace, but the Portland criminal justice system doesn’t seem to be enforcing gun control laws against Antifa.
If you haven't seen it already, Eric Raymond has an interesting perspective on the Kyle Rittenhouse situation that is worthy of some discussion.ReplyDelete
Sorry, no one's a one-man militia. The "unorganized militia" consists of those subject to call-up for duty--and does not constitute anyone as part of an active militia. They can be called up by the sheriff or governor. They are not simply individuals who "ride to the sound of the guns."Delete
Otherwise know as a posse.Delete
These democrat cesspools need serious roto-rooting.ReplyDelete