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  • 3 weeks ago

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00:00You have to base your judgment as to what their intent was and their knowledge on their actions and on the circumstances surrounding it.
00:08Circumstantial evidence has to be used to a certain degree. Absolutely, I agree with that.
00:13Nobody wears the cylinder on their neck saying I intend to do this.
00:16But in every case in which that subjective knowledge has been imputed to a defendant, in every case, Ortiz, Canizales, Moore,
00:24all those cases have evidence in the record that the defendant knew what he was doing, had a high probability of death,
00:34and then ignored it, intentionally ignored it through his statements, through his conduct after the fact,
00:39through fleeing after the fact, trying to avoid prosecution after the fact, saying I knew I was going to go through the intersection.
00:46In Moore, for God's sake, the man drove through an intersection, killed a pedestrian, drove home, then said,
00:56when the officer said, look, you know what you did, didn't you?
00:59And he said, yeah, I think I cut the guy in half.
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