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Proving Oddone's intentions will be burden of prosecution

Thank you Michael for the fine reporting. We look forward to your next update on the trial this week." Oct 30, 09 8:29 PM

More witnesses recall fatal assault at murder trial

Thanks Michael for the fine reporting on this trial. We look forward to your next update." Oct 30, 09 8:35 PM

Commanding officer of Coast Guard Station Montauk relieved of command

Rules are rules, and they exist for just this kind of circumstance IMO, especially in the military.

Break the rule, pay the price. [or don't join an organization whose rules you have accepted]

Simple stuff -- and not that worthy of much blah blah blah debate after a questionable bet which did indeed go bad. Sorry that a good man CHOSE to go down on this.

His choice to ignore the rules.
" Nov 4, 09 8:52 PM

Oddone trial nears second month of testimony

Anger poisons.

Both here and in the Publick House.

Think about it." Nov 15, 09 8:50 PM

Judge dismisses juror in Oddone trial

Thanks Michael for the timely updates today. Well done." Nov 18, 09 6:24 PM

Trespassing charges dropped against East Quogue woman arrested near ANG base; wrongful arrest lawsuits filed

She was sitting IN her car on PUBLIC property.

She was licensed to carry the weapon, and ammo, and yes I think she was on her way to or from a shooting range.

NO LAWS WERE BROKEN !!!

Why was she arrested? Over-zealous police action IMO.

Harbor Dad and peoplefirst, you are IMO fear-mongering based on "what ifs" which do NOT apply to this case. Just the facts, please." Nov 19, 09 2:59 PM

Judge dismisses juror in Oddone trial

Those of you who are unhappy with the coverage might consider sending donations to the Press, so that they could pay Michael Wright to cover the trial exclusively. Michael has posted other articles this week, including a fine one with lots of photos in eastern Southampton Town of the severe beach erosion from the last Nor'easter.

Local weekly papers are publications with limited financial resources and staff.

If you want better coverage, please put your money where your mouth is!" Nov 19, 09 3:08 PM

Trespassing charges dropped against East Quogue woman arrested near ANG base; wrongful arrest lawsuits filed

peoplefirst --

First, you seem to have chosen an ironic moniker (screen name), considering that your basic instinct seems to be to slaughter any expression of Free Speech here.

Do you really think that you have the rights of the "people" "first" in your heart?

Second, you have repeatedly said that certain notions are "facts" when they are actually "opinions" that the voice in your head has put forth?

Do you not recognize this? Are you aware that the voice in your head is not you?

Just the facts please." Nov 19, 09 8:04 PM

Oddone trial nears conclusion; defense witness challenged

Newsday is reporting that the trial is over. Oddone will not testify. Closing arguments are expected to start Tuesday.

Have a good Thanksgiving." Nov 25, 09 3:17 PM

Trespassing charges dropped against East Quogue woman arrested near ANG base; wrongful arrest lawsuits filed

Bayman1 --

"Another Martyr?"

You are kidding right?

Here is an American citizen obeying the law who was caught up in over-zealous police action. Are you suggesting she left the house intending to be a martyr? No way IMO!

If she is a martyr for standing up for her/our rights, you might as well start accusing the Founding Fathers of this fine country for Declaring OUR Independence from England.

Perhaps this foggy day has clouded your judgment?

Have a good Thanksgiving." Nov 25, 09 6:50 PM

Oddone won't take stand; both sides rest, and closing arguments slated Tuesday

Fasten seat belts IMO.

Cohen testimony that Reister was "extremely aggressive" may lead to a verdict of "Not Guilty" due to self-defense issues raising "reasonable doubt."

Have a good Thanksgiving.
" Nov 25, 09 6:58 PM

Anonymous,

I believe Frank and fix-it are calmly focusing on the legal issue of "intent" which the jury must consider, and are offering the opinion that the prosecution will have a difficult time proving the requisite intent for a murder conviction. Lesser charges may be introduced on Tuesday, and a conviction on them would be more uncertain, due to varying states of mind required for convictions.

The poster below brings up a good point about Oddone releasing and re-establishing his grip, after which his intent may have been more specific. I am not sure about the precise testimony on this point.

Time will tell.

In my opinion, "screaming" at other posters here does not help any family heal their wounds from this tragic event. And yes, there is plenty of healing which will have to take place. For a long time. Tragic indeed.

I hope everyone had a good day of Giving Thanks.

Peace on Earth begins in your own heart." Nov 28, 09 4:00 PM

Welcome to the Publick House, Alice and Toto.

Now you know why the past happened. It is reflected here in the comments above.

Full Moon is early Wednesday morning." Nov 29, 09 9:09 PM

Second juror dismissed at Oddone murder trial

Thanks for the timely and quick update Michael.

Newsday has nothing on this BTW." Nov 30, 09 2:04 PM

Yes, now the Publick House 2009 opens for rational comment without emotion.

The Looking Glass will reflect the past violence with further commentary, Alice and Toto.

"Peace on Earth" begins within your own heart!" Nov 30, 09 6:45 PM

Oddone won't take stand; both sides rest, and closing arguments slated Tuesday

Actually HHS I think the report says that both attorneys rejected the MS II charge. A little posturing going on similar to your suggestion." Dec 1, 09 5:53 PM

Jury now deliberating in Oddone trial

Thanks for the thorough update, Michael, and for the great coverage of the entire trial. Well done.

Time will tell.

It will be interesting to see whether the commentators here can control their emotions -- just as they expected the defendant to do so during the incident at the Publick House." Dec 2, 09 4:27 PM

This all happens in open court. The jury comes back in from deliberations, and asks the judge any question they want. The court reporter puts it into the record. Reporters in the court will hear it all." Dec 2, 09 6:35 PM

If posting here pales in comparison, it should be VERY easy to modulate one's emotions, right? Especially after a verdict with which one may not agree?" Dec 2, 09 6:37 PM

"Draw Shop" ???

I thought it was "Dram?"

Plus, does not this regard a Civil suit only?" Dec 2, 09 9:37 PM

Another day dawns warm and stormy.

Verdict day?

I hope the emotional climate here is more subdued than the wind storm outside." Dec 3, 09 7:21 AM

mflgs,

Re: your 7:10 AM reply from this morning way above, would you please explain how you were "with the jurors?" Are you a juror? Are you a court officer? Did you meet with the jury outside of court? Are you related to a juror?

Hmmm, what are the other possibilities logically? I can't think of any.

Were you in the jury room as it deliberated?

If you were kidding, this might be a good time to say so." Dec 3, 09 7:28 AM

If you are related to a juror, your statement would seem to suggest that the juror has discussed the case with you, or at least has made one-sided statements about the case which you overheard.

You might consider seeking legal advice ASAP in my opinion, and you should tell the juror to whom you are related (if I understand you correctly) to report this to the presiding judge." Dec 3, 09 8:16 AM

HB 4 Life,

Have you seen the new article on the motion for mistrial?

Talk about up-to-date coverage, you could not ask for more.

Newsday's article was posted at a similar time, but the updates here from a weekly paper have been outstanding IMO, especially with Michael Wright reporting from the trial with Joe Shaw updating with comments.

You might consider toning down your criticism of our local paper IMO." Dec 3, 09 3:22 PM

WHBY,

If you are going to quibble about accuracy, knitter actually said "Jim" not "James."

Is this minor typographical error really worthy of a somewhat angry reply?" Dec 3, 09 4:15 PM

Defense seeks mistrial; Judge rejects motion

Thanks for the updates, Joe and Michael." Dec 3, 09 4:46 PM

fix-it,

Apparently because no one made the request after a witness had discussed/authenticated it. If the judge is right on this, it could be a crucial slip up on the part of the defense attorney, as the autopsy found an enlarged heart, I think?, among other possible causes of death.

Each piece of evidence is first marked for identification, then a witness testifies about it (laying a foundation for is admission into evidence), then it is admitted based on this testimony. BUT, the attorney has to ask for it to be admitted into evidence.

Ineffective assistance of counsel?

On the other hand, it would also have helped the prosecution, as it showed various physical injuries in the neck as I recollect, so not sure how this cuts.

Pretty hard to fix-it now!" Dec 3, 09 8:01 PM

My vote is for a slip up on the defense attorney's part. If I recall the medical testimony correctly, the enlarged heart and Reister's heart condition could have caused his death, not the choke hold, or at least not as the ONLY cause of death. Just one factor in lots of evidence. Publius could of course be correct. Hard to know from here." Dec 3, 09 8:23 PM

Jury deliberations continue in Oddone murder trial

username1,

Some items were never admitted into evidence, although they had been given evidence numbers solely for identification purposes. There are many innocent reasons why both the prosecution and defense could have decided NOT to enter certain items into evidence. See Joe Shaw's comments above, and the the comments in the "Defense Seeks Mistrial" story.

After reading those previous comments, if you still feel "Hmmmmm" is needed, please advise. No hanky panky in my opinion. Just trial tactics and strategies by both attorneys -- it happens all the time." Dec 4, 09 3:48 PM

PS -- Most items not entered into evidence WERE discussed by a witness, so the jury knows something about them. The jury is not missing the basic information, just the chance to look at a particular physical item. As one of the posters said under the other article, the autopsy report may not have been admissible because it is hearsay evidence. This gets into more complicated rules of evidence -- suffice it so say that the jury DOES have the information of what was in the autopsy, because a witness did testify about its contents." Dec 4, 09 4:33 PM

Trying to anticipate any verdict is folly in my opinion. One can argue the testimony until blue in the face -- for both "sides." Yet, the perception of two "sides" here is an uninformed and short-sided one IMO. Justice (the one real "side" -- to stretch that term) will prevail, at least the best justice that humankind has come up with so far.

Juries can surprise.

Fasten seatbelts.

Pray for closure and Peace for ALL family members. The power to forgive is a powerful thing." Dec 5, 09 3:18 PM

Peace on Earth starts here." Dec 7, 09 10:13 AM

Grand love story behind crumbling Gin Lane wall

The homeowner has applied for permission to repair the wall at his expense. The article is on p. 3 of the 12/3 edition of the Press. Now that the hard copy is on the news stands, hopefully they will post the full article here." Dec 7, 09 10:22 AM

Seventh day of deliberations ends with no verdict in Oddone case

HB 4 Life,

You keep over simplifying the testimony. It would appear that clarifying things for you is futile, but here goes.

There was plenty of testimony that Mr. Reister made the first physical move on the defendant. From Mr. Oddone's perspective he was being attacked by a larger man, and he could have REASONABLY feared for his life at that point.

What happened next is open to a variety of interpretations, and the jury will probably reach a conclusion on this in the next few days.

You make the immediate jump in logic (?) that as soon as the perceived threat was over, Oddone should have become 100% rational again, and that murderous "intent" arose, and that is all there is to it !!!

If you were attacked in such a way, do you think your adrenaline would just stop on a dime? Remember the loud music, alcohol, lots of people around etc. etc.

"cut and dry?"

Hardly.

Maybe the hardest thing for people here to handle IMO is that Mr. Reister made the first physical move, in spite of having PLENTY of other options available. [stop the music, call the police, ask for assistance from other bouncers and managers]

If there is ANY "clear cut intent" here it was Mr. Reister's to get physical when he did.

Bad choice, but it HAS to be acknowledged.

If Mr. Reister had followed the proper protocol he would probably be with us today." Dec 7, 09 3:35 PM

Negative -- it was NOT Mr. Reister's job to get physical. No way.

He made a bad choice, and YOU will not acknowledge that. Why?

Yes, Oddone may be guilty of something, but please acknowledge that Reister made a bad choice BEFORE there was any physical violence. You keep skipping over this moment to the tragic conclusion with which we all agree. One step at a time OK?

Just like the jury." Dec 7, 09 5:02 PM

Yes, that is what bouncers are hired for, unfortunately. You seem to accept that "Might makes Right." It does not. Assault is assault, and Mr. Reister made the first assault, according to almost all the evidence as reported here. If this is not correct, please summarize the testimony indicating that Mr. Reister did NOT initiate ANY physical contact.

Bouncers who choose to get physical choose the consequences.

Mr. Reister made a very unfortunate choice, in retrospect. HE INITIATED his own death." Dec 7, 09 5:07 PM

You confuse two factual situations which are entirely different.

Bouncer vs. Police Officer? Two separate discussions. Why do you compare them?

Oddone was not a "perp" and Reister was not a police officer (at the time).

Two entirely different factual scenarios, and each calls for a different analysis and legal discussion." Dec 7, 09 5:10 PM

PS -- the relies above did not get placed exactly under the comments they relate to. The gist is there without further confusing explanation I guess." Dec 7, 09 5:15 PM

elliot,

I did not blame Mr. Reister for his own death. I said he "initiated" it. Slow down maybe and read more carefully.

There is plenty of blame to go around on this tragic incident, but if you can't handle the ALL the truth, then maybe you should not be here." Dec 7, 09 5:18 PM

Sunshine, let's keep this simple.

DId Mr. Reister make the first physical move, or did he not, according to most of the testimony?

If not, in your view, please summarize the testimony on this matter.

Thank you." Dec 7, 09 5:48 PM

elliot,

You have not answered the crucial question. Did Mr. Reister make the first physical move? If not, please summarize the testimony which indicates this.

Thank you." Dec 7, 09 5:50 PM

porter,

I agree with you that a shove off a table does not necessarily justify physical force.

Where did I say it did? ("However twisted you thinking may be.")

Do you agree that Mr. Reister made the first physical move?

Thank you." Dec 7, 09 5:54 PM

To all,

Some tough and unpopular questions are being asked here.

This is what the jury is doing right now!

If you cannot provide rational and calm answers to these questions, if you let your anger mingle in here, can you expect the jury to do better?

Do you want the jury to flail around with their emotions controlling the verdict?

If so, will you accept an "Innocent" verdict because they all got pissed off and wanted to reach a verdict before the Holidays? [Don't laugh, this has probably happened before.]

I challenge you -- post here and reply as rationally as you expect the jury to do, or be willing to accept the consequences of your own angry posts.

Thank you." Dec 7, 09 6:09 PM

Thank you Sunshine for the reply,

I agree that the actions of Mr. Oddone after Mr. Reister's initial assault are subject to a variety of factual interpretations, and legal conclusions.

This is very complicated situation, and the jury will render its justice.

It would be nice in my opinion if everyone here could calm down a little.

Thanks again for a thoughtful reply." Dec 7, 09 6:16 PM

Peace on Earth starts here.

Forgiveness empowers." Dec 7, 09 8:30 PM

Double-D,

See reply posted below at 9:55 or so." Dec 7, 09 9:55 PM

Double-D,

You previously posted about "verbal diahrea."

Did you mean "diarrhea?"

Is this what the "D" in your moniker refers to? The double D?

If you have the intestinal fortitude (no D-word please), please enlighten us.

Did Mr. Reister make the first physical move on Mr. Oddone?

If not, please summarize the testimony now before the jury which indicates this.

Thank you, and I hope you and your family have a joyous Holiday Season.

Thank you.
" Dec 7, 09 10:09 PM

And women!" Dec 7, 09 10:12 PM

elliot,

Did we miss your reply?

I hope you and your family have a joyous Holiday Season.

Peace on Earth to all." Dec 7, 09 10:34 PM

beachgirl,

You quote the media for the Truth? The jury in this case did not get to consult the papers. What about the testimony? That is ALL the jury is considering.

You say that a good bouncer uses his head to diffuse a situation.

DId Mr. Reister do this in your personal opinion?

Did Mr. Reister make the first physical move?

Thank you.

I hope that your and your family have a Joyous Holiday Season." Dec 7, 09 10:50 PM

Thank you beachgirl and maryb123 for your Joyous and Heartfelt Greetings.

Peace on Earth has started.

God Bless." Dec 7, 09 11:32 PM

Check your quotations, they are not where you think they are." Dec 7, 09 11:37 PM

maryb123
beachgirl
HB 4 Life
porter
elliot
AlwaysLocal
Double-D,

This was indeed a tragic event.

I have reviewed the comments from last night, and I don't see any posts from any of you acknowledging that Mr. Reister made the first physical move. Did I miss your posts on this?

Before you reply in haste, please read the posts from last night in which I did say that whatever happened after Mr. Reister's initial assault was open to factual and legal discussion. Yes, Mr. Oddone may be guilty of some crime based on his actions AFTER Mr. Reister CHOSE to assault the defendant.

Let me repeat that, yes, Mr. Oddone may be GUILTY of a crime. I am not excusing or justifying his actions in ANY way. I am simply trying to take the facts one step at a time, in a calm analysis of the chain of causation.

Sunshine at least had the decency to step up to the plate and acknowledge that Mr. Reister made the first physical move.

Can you?" Dec 8, 09 6:42 PM

Thanks FOTO --

It should be pretty easy therefore for everyone to step up to the plate and acknowledge the first physical contact by Mr. Reister.

double-D, please re-read my recent post. I said twice that whatever happened after Mr. Reister chose to make physical contact was open to debate, and that Mr. Oddone may be guilty of a crime." Dec 8, 09 7:25 PM

Disgusted,

Just trying to establish one basic fact at a time, similar to what the jury is doing. A very simple request IMO.

Funny that many commentators cannot step up to the plate regarding what FOTO posted is an accepted fact -- Mr. Reister made the first physical move.

"The Truth Shall Set You Free?"" Dec 8, 09 8:14 PM

Disgusted,

Do you acknowledge that Mr. Reister made the first physical move on Mr. Oddone?

Thank you." Dec 8, 09 8:30 PM

Disgusted,

OK I guess we can take your tacit admission ("Perhaps he nudged him to get down") as a half-hearted acknowledgment that Mr. Reister made the first physical move.

Did you see FOTO's post that the ADA has accepted as fact that Mr. Reister pushed Mr. Oddone off the table? [I assume this is accurate -- no one has challenged it.]

After all this time, if you can't acknowledge the accepted facts (which even the DA accepts), how can we, and the jury, move on?

"nudged" ???

As I have posted MANY times, what happened after the "nudge" is open to all kinds of discussion, and that Mr. Oddone may be guilty of some crime,

But, you must realize IMO that the effort it has taken for you admit to even a "nudge" is part of the problem here.

PS -- You quote Mr. Oddone at the end of your post. Please tell us where this quote comes from.

" Dec 8, 09 9:18 PM

Disgusted,

Please tell us where your quote of Mr. Oddone comes from.

Have you been a victim of physical violence?

Were you mugged or stalked?

Thank you." Dec 8, 09 9:36 PM

Thanks Michael for the updated information in the article tonight." Dec 8, 09 9:49 PM

Thanks, but I doubt if it was actually stated by Mr. Oddone. Perhaps someone else?

Thank you for the reply." Dec 8, 09 9:53 PM

Disgusted,

Thank you. I understand.

Peace on Earth. " Dec 8, 09 10:30 PM

Thank you Publius for posting what you do. It is very informative, and yes I did read the entire instruction about a deadlocked jury. Your comments asking others to imagine what is going on in the jury room are also appreciated. As you hint, consider trying to get twelve people picked randomly from this forum to agree on a conviction of any kind.

The jury here does have a difficult task before it, and it appears to be doing a mature and thoughtful job. Hopefully the instruction you posted will not be necessary, but it is a good thing to read it ahead of time if it is required.

BTW it was not entirely clear that the lower 2/3 of your post was a quote from the jury instructions book, and quoting only part of it would not have made sense IMO. Could you post a link for locating the jury instructions online, if available? Thanks.

Also, Michael Wright has posted a new article today." Dec 9, 09 11:10 AM

HB 4 -- Michael Wright has posted a new article today. I don't think the link to it is above yet." Dec 9, 09 11:11 AM

Here is the new article.

http://www.27east.com/story_detail.cfm?id=250924&town=Southampton&n=Oddone%20Jury%20a%20week%20into%20deliberations

" Dec 9, 09 11:51 AM

Newsday just reported that the jury asked for testimony to be read back to them, of a bar patron who said Mr. Oddone lost his balance and fell off the table.

" Dec 9, 09 1:51 PM

So elliot, you are acknowledging that Mr. Reister made the first physical move?" Dec 9, 09 2:37 PM

Oddone jury a week into deliberations

Ditto." Dec 9, 09 3:03 PM

Seventh day of deliberations ends with no verdict in Oddone case

beachgirl,

Thank you for your post.

In a quick review of the articles here I have found two instances in which witnesses say that Mr. Reister made the first physical move.

10/28 article -- Goucher is witness ("shoved")
11/30 article -- Cohen is witness (friend also testifies) ("knocked the guy to the ground . . . extremely aggressive . . . inappropriate")


This is one of the factual issues which the jury must resolve, of course, and they seem to be doing a thorough job. Hopefully this trial will be over fairly soon, with a verdict which resolves this phase of a tragic event.
" Dec 9, 09 6:32 PM

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