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this court in opening
and closing arguments . . . certain behavior exceeds the bounds of what
is acceptable and enters the realm of prejudicial error. The Commonwealth
attorney went beyond the evidence presented. And pursued another agenda,
quite apart from the legal constraints of the case at hand.
See also Sanborn v. Commonwealth, Ky., 754 S.W.2d 534, 543-545 (1988).
In Aarons case, the Commonwealths deliberate distortions certainly
exceeded the bounds of acceptable behavior, serving instead to further
its agenda of tainting the jury against young Aaron. Therefore, almost
any of Aarons motions for a mistrial should have been granted by
the trial court. (TAPE No. 078-3; 12/18/00; 11:28:35 - 11:30:01) Moreover,
Judge Shake allowed this poison to accumulate.
24. During the trial, Judge
Shake compelled to Aaron to hold the gun. This unconstitutional act forced
Aaron to again incriminate himself. (TAPE No. 078-3; 12/18/00;
11:32:42 - 11:49:35)
25. Aarons trial had an all-caucasian jury of whom were middle aged.
They were not
jurors of his peers. In accordance with Mr. Allen, jury selection was
typical of selecting an all-caucasian jury for railing against young minority
males. Statistics will show how in state criminal trials in Louisville,
minorities overwhelmingly receive all-caucasian juries, and that these
set-ups result in a un-proportionally high conviction rates
for minorities.
A. With the preponderance
of stated violations and arbitrary acts of the prosecutors and Judge Shake,
jury-members observed the manner of court proceedings. They witnessed
the many motions and objections from Aarons counsel, and how Judge
Shake continuously ruled against Aaron.
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