If you are Telles, what is the lie you spin to get yourself off the hook? I.e. what is the perfect story he could tell that, if he successfully navigates it, would cook the prosecution’s case and lead to an acquittal?
Honest answer? That he was home and that his wife did it. It was her car. Killer was small in stature when viewed next to the Yukon. They never did say what size the Nikes were or that the Nikes matched Telles’s shoe size (an omission I thought was pretty weird).
PS– I dont believe this for a second. But if you wanted a way to explain away the vehicle, the shoes, the hat, the vest, the bag and the gait, that would provide a coherent story.
You bring in an expert to talk about the inherent unreliability of DNA evidence and that they get DNA evidence wrong all of the time. That there were cuts on Telles’s fingers but no scratch marks that would correspond with any plausible manner for Telles’s DNA to be under the fingernails. I mean you are asking for Hail Mary arguments now. But that would be how you get around the DNA.
Obviously I am not Draskovich and I am not privy to their discussions, but I just do not see a viable story on Telles’s part that explains away the prosecution’s evidence. It would have to be a brand new shocker of a story, a la the Casey Anthony baby drowning in the pool story (and even she never testified to that herself). IMO Draskovich has done of good job of making Jappe look suspicious, but not suspicious enough to have planted DNA under German’s fingers.
Guest
Anonymous
August 20, 2024 10:40 am
I just want to compliment you criminal guys for having the confidence to rock and roll through 28 witnesses in less than 4 full trial days. I would still be on witness 5 or 6 if this was a commercial litigation trial.
I was telling this to my wife this morning. All of the attorneys on this case deserve to be commended for being so prepared. It appears that most evidentiary issues were resolved ahead of trial. All counsel have asked permissible questions. The very few objections have been meritorious. The examinations have been very efficient, but thorough. Great lawyering all around.
They’re barking up the wrong tree and just making noise. Much, if not all or practically all, of the records going to the Stadium Authority that Schools Over Stadiums would be interested in is very likely confidential under the law and is not susceptible to a public records request.
I was just coming here to say this. Ouch. Effectively said “Almost certainly there are people who make it look like they are committing suicide but do not really make an earnest attempt because they know that they will be going on trial.” If that is their leadoff hitter, they have nothing.
Wow thank you seriously. I sit all day and do boring business taxes, sales tax, etc. I come to the blog to feel like a real lawyer haha and usually am met with snide remarks. Thanks for giving me a real answer!
They can ask permissible questions on paper by submitting them to the judge. If the question or answer would violate one of the rules of evidence, however, the court will usually decline to ask it.
Because Chambers testified about the psychology of an accused attempting suicide and whether a suicide attempt is correlated to guilt of the crime and that pressure (not guilt) can be the motivator for a suicide attempt. The juror’s question “Can an intent to induce sympathy drive a purported suicide attempt?” is entirely germane and probably tells you where the jury (or at least this juror) is sitting at this stage of the case.
Questions from the jury still have to comply with the rules of evidence. Every time I have had a jury question after a witness, the judge calls both sides to the bench. Discussion is had and if there is an objection to the question, the judge makes a decision.
Or are helping the defense by showing issues with the prosecution’s case. The jurors asked questions during the prosecution’s case which could have cast doubts. Either side has the right to object the question.
Tampons are awesome. If you don’t have access to chitosan powder, they are the next best thing for traumatic wound care. If you’re stuck in 7th grade “ew, feminine hygiene,” grow up.
Yes, tampons are ultimately a good thing. No denying that. Still, nobody would appreciate the nickname “Tampon Tim”. If you spent any time with regular people you’d know this to be true.
Stolen Valor? Where the fuck is your DD214? Every single person who put on a uniform and signed on the line served. That’s it. If they sat at a training base for 20 years, they trained the warfighters. If they sat in a logistics warehouse for 20 years, they armed, fed, clothed, and housed the fighters. If they sat in a support billet for 20 years, they supported the fighters. Deploying to a war zone is not the only way to serve. You sit on your ass in a comfy chair criticizing the man who actually signed on the line. Fuck you.
I just think that most of the time if the jury is confused about something, it will mean they have to lean toward there being reasonable doubt. Yes, obviously, sometimes it can
help defense, but technically the defense doesn’t even have to put on a case.
Guest
Anonymous
August 20, 2024 1:44 pm
I think Chambers was the end of Rob’s trial. Every juror made up their mind during that disaster. Very sharp cross examination.
I just finished watching some woman (witness at park) testify and then they closed out for the day – really early IMHO. Is defense done or did the Judge just want to start early in the A.M. with the next witness or Telles testifying?
Draskovich had a witness with a delayed flight so they decided to end early for the day and start with that witness tomorrow.
Guest
Anonymous
August 20, 2024 2:13 pm
I don’t think This Tracy Migliore was a good idea for the defense. Just seems like a stupid witness. I know the defense doesn’t have much, but I mean come on.
If you are the jury and you got called in for 2 witnesses that were an ineffectual as these two were, you have to be thinking “They are just wasting my time now.”
It’s likely to get worse. The witness flying in, expected to testify tomorrow, is a former employee of the PA’s office who took sides with Rob in the intra-office squabble. Totally irrelevant to whether Rob stabbed German to death.
Can anyone explain why the defense called her? Was that supposed to establish that there may have been some child molester running around dressed in that get up who is the real killer? Maybe I missed something but it seems like Telles could have been at the park too (for what reason, I have no idea). She did say the guy was bald.
Migliore testified that she called Crime Stoppers on the afternoon of September 7th. By September 7th, LVMPD already closed the loop on Telles. They were not going to be chasing wild leads regarding unidentified guys.
Guest
Anonymous
August 20, 2024 4:09 pm
Herman Cain does not regret going unvaccinated.
Guest
Anonymous
August 20, 2024 4:13 pm
Dead men tell no tales. Plenty of vaccine-deniers would likely regret their decision had they lived. As for those who survived, they can now take their chances with polio, measles, m-pox, rsv, etc. It’s a shame that they are allowed to inflict their bad decisions on their children.
Didn’t get the vaccine. Perfectly healthy as a whole. Eat well, exercise a lot. Got Covid once – didn’t feel great but I wasn’t even close to being on my deathbed (have had worse cases of the flu in the past).
Those people that were supporting vaccine passports and whatever other nonsense should be ashamed of themselves at this point. Admit you were wrong, issue an apology, and we can all move on.
Guest
Anonymous
August 20, 2024 4:56 pm
Against all of my predictions, they are saying Telles is taking the stand tomorrow. And apparently after Draskovich said that he has 12 witnesses, he now says that he will be out of witnesses tomorrow.
“The former elected official accused of killing Las Vegas Review-Journal investigative reporter Jeff German is expected to take the witness stand on Wednesday in his own murder trial.
Robert Telles, 47, faces one count of murder with a deadly weapon against a victim 60 or older. Prosecutors have accused him of killing German, 69, over articles the journalist had written about Telles’ conduct as the Clark County public administrator.
* * * *
He plans to call Telles as a witness on Wednesday, but it’s unclear if his testimony will conclude before Thursday, Draskovich told reporters. After the jury was dismissed on Tuesday, District Judge Michelle Leavitt advised Telles about his right to refuse to testify. Telles said he understood that he has a right not to take the stand, and that anything he says can be used by prosecutors in cross-examination. “Do you understand that tomorrow, after you’re done calling your witnesses, the court will ask you if you’ve made a determination as to whether you’re going to testify or not?” Leavitt asked. “Yes your honor,” Telles said. “And then if you want to testify, obviously it’s your decision, you’ll be permitted to testify,” the judge said.
This is what we’ve all been waiting for. Rob v. The DA. And Rob is apparently going to bring in good character evidence, which will open the door to using all sorts of bad character evidence for impeachment (I.e. when Telles drunkenly beat his wife and was arrested). This is going to be an amazing fail.
Join 3:47 in assuming you meant “not getting it.” I do not underestimate the power of Rogan. I rely on it. When I hear someone talk about his podcast, I know that is a person I do not want to associate with and I thank Mr. Rogan for that.
As for the vaccine, I was one who went and got it as soon as I could. About eight months later a friend of mine sent me a youtube link to some hack MD claiming there would be a massive die-off 3-6 months after we got our vaccines. And yet here I am, suffering this miserable existence in this god forsaken profession and doing my damnedest to avoid Rogan listeners.
Guest
Anonymous
August 21, 2024 7:56 am
It would be nice to have some criminal practitioners weigh in on these questions:
1. Given how (expectedly) poorly this trial has gone for Telles, notwithstanding great lawyering by Draskovich, isn’t the range of possible outcomes (in terms of sentencing) already extremely narrow at this point? It seems improbable that he could hope for a minimum sentence at this point. I ask this question because, assuming so, maybe Telles is so damaged at this point his own testimony can’t hurt him further. In other words, whether or not Telles testifies or not, it seems that he is destined to a maximum sentence. That doesn’t take away from the spectacle of the self immolation we are all about to witness. However, it does call into question what is really left on the line at this point.
2. Telles was warned that if he brings in character testimony himself, the prosecution can bring in character testimony. If you were the prosecutor, how hard would you hit this? Is there any chance of going too hard? Overplaying your hand? Maybe a better question is, how much time do you spend on it, both in absolute terms and as a percentage of your cross?
3. I have only watched the trial online, but you can pretty much see who is in the gallery. I don’t see Telles’ wife there (can’t blame her, right?). If you are Draskovich, are you worried that her absence as a witness is something the jury considers, notwithstanding spousal privilege? If Rob were innocent, and just piddling around the house, jurors might have expected to hear from her to give an alibi. Do you seek an instruction on it?
Drascovich must call the wife to testify and take the fall for Rob. If Rob accuses her and she admits guilt, he can secure the acquittal. It all comes down today. Life without parole or a vacation in Tahiti tomorrow. Let’s go rob!!!
Telles and his family have been through so much due to Wolfson’s witch hunt. Today, Telles puts an end to the nonsense by embarrassing the DA and running Wolf out of town. Telles has got this.
I think you make an interesting point about an alibi. If this was a frame job, as a juror, I would want to hear from someone outside of the Defendant where he was, what he was doing, etc.
Telles is 100% going last. Fwiw Draskovich has done a great job but Telles is still cooked.
No doubt. He has to keep his story straight relative to the other witnesses. Their witness list isn’t very long, btw.
If you are Telles, what is the lie you spin to get yourself off the hook? I.e. what is the perfect story he could tell that, if he successfully navigates it, would cook the prosecution’s case and lead to an acquittal?
Honest answer? That he was home and that his wife did it. It was her car. Killer was small in stature when viewed next to the Yukon. They never did say what size the Nikes were or that the Nikes matched Telles’s shoe size (an omission I thought was pretty weird).
I thought about that myself, but it contradicts the entire “framing” story and honestly just wouldn’t make sense at this point.
PS– I dont believe this for a second. But if you wanted a way to explain away the vehicle, the shoes, the hat, the vest, the bag and the gait, that would provide a coherent story.
Wow. You’re right. This would be a genius move.
How do you explain the DNA…
You bring in an expert to talk about the inherent unreliability of DNA evidence and that they get DNA evidence wrong all of the time. That there were cuts on Telles’s fingers but no scratch marks that would correspond with any plausible manner for Telles’s DNA to be under the fingernails. I mean you are asking for Hail Mary arguments now. But that would be how you get around the DNA.
Obviously I am not Draskovich and I am not privy to their discussions, but I just do not see a viable story on Telles’s part that explains away the prosecution’s evidence. It would have to be a brand new shocker of a story, a la the Casey Anthony baby drowning in the pool story (and even she never testified to that herself). IMO Draskovich has done of good job of making Jappe look suspicious, but not suspicious enough to have planted DNA under German’s fingers.
I just want to compliment you criminal guys for having the confidence to rock and roll through 28 witnesses in less than 4 full trial days. I would still be on witness 5 or 6 if this was a commercial litigation trial.
I was telling this to my wife this morning. All of the attorneys on this case deserve to be commended for being so prepared. It appears that most evidentiary issues were resolved ahead of trial. All counsel have asked permissible questions. The very few objections have been meritorious. The examinations have been very efficient, but thorough. Great lawyering all around.
Schools Over Stadiums should read Section 24 of the Southern Nevada Tourism Innovation Act. https://www.leg.state.nv.us/SpecialActs/39-SNevadaTourismInnovAct.html#SNTInA24
They’re barking up the wrong tree and just making noise. Much, if not all or practically all, of the records going to the Stadium Authority that Schools Over Stadiums would be interested in is very likely confidential under the law and is not susceptible to a public records request.
Thanks, Sean!
Defense expert Mark Chambers testifies that sometimes people accused of a crime attempt suicide even though they are innocent.
Juror question: Has anyone ever committed a crime and then attempted to commit suicide in an attempt to gain sympathy?
Dr. Chambers: Yes, certainly.
OUCH!!!!!!
I was just coming here to say this. Ouch. Effectively said “Almost certainly there are people who make it look like they are committing suicide but do not really make an earnest attempt because they know that they will be going on trial.” If that is their leadoff hitter, they have nothing.
Jurors can ask questions? I obviously am not a litigator
Yes, jurors can write down questions which are given to the judge, then the judge asks the witness the question as written.
Both sides are then given a chance to ask follow up questions with the witness.
Wow thank you seriously. I sit all day and do boring business taxes, sales tax, etc. I come to the blog to feel like a real lawyer haha and usually am met with snide remarks. Thanks for giving me a real answer!
They can ask permissible questions on paper by submitting them to the judge. If the question or answer would violate one of the rules of evidence, however, the court will usually decline to ask it.
Wait a second. How is that question not absurdly prejudicial? It assumes the guilt of the hypothetical person before they are adjudicated guilty.
Because Chambers testified about the psychology of an accused attempting suicide and whether a suicide attempt is correlated to guilt of the crime and that pressure (not guilt) can be the motivator for a suicide attempt. The juror’s question “Can an intent to induce sympathy drive a purported suicide attempt?” is entirely germane and probably tells you where the jury (or at least this juror) is sitting at this stage of the case.
It’s not prejudicial because it was asked by the jury
Questions from the jury still have to comply with the rules of evidence. Every time I have had a jury question after a witness, the judge calls both sides to the bench. Discussion is had and if there is an objection to the question, the judge makes a decision.
Thanks for the clarification!
Important to note that Experts are allowed to answer hypothetical questions as well.
If it wasn’t prejudicial to someone, it wouldn’t be relevant
I’ve never understood jurors being allowed to ask questions. By doing so, they are essentially helping the prosecutor meet their burden.
Or are helping the defense by showing issues with the prosecution’s case. The jurors asked questions during the prosecution’s case which could have cast doubts. Either side has the right to object the question.
Thanks to all for a real discussion not on politics yahoooo
“Tampon Tim” is not an insult. Folks who think it is are weird as hell.
What??????????
If you’re name was Tim and people started calling you “Tampon Tim” you’d surely be offended lmao
Tampons are awesome. If you don’t have access to chitosan powder, they are the next best thing for traumatic wound care. If you’re stuck in 7th grade “ew, feminine hygiene,” grow up.
Uhhhhh….. what? Lmao
Two things can be true at once.
Yes, tampons are ultimately a good thing. No denying that. Still, nobody would appreciate the nickname “Tampon Tim”. If you spent any time with regular people you’d know this to be true.
Maga’s are weird, not normal.
Was wondering when the talking points were going to make it here. Slower than the last few cycles.
Stolen Valor? Where the fuck is your DD214? Every single person who put on a uniform and signed on the line served. That’s it. If they sat at a training base for 20 years, they trained the warfighters. If they sat in a logistics warehouse for 20 years, they armed, fed, clothed, and housed the fighters. If they sat in a support billet for 20 years, they supported the fighters. Deploying to a war zone is not the only way to serve. You sit on your ass in a comfy chair criticizing the man who actually signed on the line. Fuck you.
I just think that most of the time if the jury is confused about something, it will mean they have to lean toward there being reasonable doubt. Yes, obviously, sometimes it can
help defense, but technically the defense doesn’t even have to put on a case.
I think Chambers was the end of Rob’s trial. Every juror made up their mind during that disaster. Very sharp cross examination.
The cross was excellent, clean, crisp and incisive. But the death blow was the juror question.
Trial done for day
I just finished watching some woman (witness at park) testify and then they closed out for the day – really early IMHO. Is defense done or did the Judge just want to start early in the A.M. with the next witness or Telles testifying?
Draskovich had a witness with a delayed flight so they decided to end early for the day and start with that witness tomorrow.
I don’t think This Tracy Migliore was a good idea for the defense. Just seems like a stupid witness. I know the defense doesn’t have much, but I mean come on.
She is better than Dr. Chambers, that’s for sure.
Husband typed up notes for testimony? Ugh.
If you are the jury and you got called in for 2 witnesses that were an ineffectual as these two were, you have to be thinking “They are just wasting my time now.”
It’s likely to get worse. The witness flying in, expected to testify tomorrow, is a former employee of the PA’s office who took sides with Rob in the intra-office squabble. Totally irrelevant to whether Rob stabbed German to death.
Can anyone explain why the defense called her? Was that supposed to establish that there may have been some child molester running around dressed in that get up who is the real killer? Maybe I missed something but it seems like Telles could have been at the park too (for what reason, I have no idea). She did say the guy was bald.
I suspect that they will try and establish an alibi for the park incident to argue there was a second gunman on the grassy knoll.
I’m guessing to show Metro didn’t investigate or consider other suspects or leads i.e. the framing of Telles by Jappe/Metro.
But they have to have an alibi for that moment too, otherwise it could have been Rob. This weirdo in the park was seen at 4:30 PM on August 28.
I feel that but what’s his “alibi” for the date/time of the actual murder??!
Migliore testified that she called Crime Stoppers on the afternoon of September 7th. By September 7th, LVMPD already closed the loop on Telles. They were not going to be chasing wild leads regarding unidentified guys.
Herman Cain does not regret going unvaccinated.
Dead men tell no tales. Plenty of vaccine-deniers would likely regret their decision had they lived. As for those who survived, they can now take their chances with polio, measles, m-pox, rsv, etc. It’s a shame that they are allowed to inflict their bad decisions on their children.
You and the magnet lady have won me over.
Law Dawg, you promised.
Didn’t get the vaccine. Perfectly healthy as a whole. Eat well, exercise a lot. Got Covid once – didn’t feel great but I wasn’t even close to being on my deathbed (have had worse cases of the flu in the past).
Those people that were supporting vaccine passports and whatever other nonsense should be ashamed of themselves at this point. Admit you were wrong, issue an apology, and we can all move on.
Against all of my predictions, they are saying Telles is taking the stand tomorrow. And apparently after Draskovich said that he has 12 witnesses, he now says that he will be out of witnesses tomorrow.
“The former elected official accused of killing Las Vegas Review-Journal investigative reporter Jeff German is expected to take the witness stand on Wednesday in his own murder trial.
Robert Telles, 47, faces one count of murder with a deadly weapon against a victim 60 or older. Prosecutors have accused him of killing German, 69, over articles the journalist had written about Telles’ conduct as the Clark County public administrator.
* * * *
He plans to call Telles as a witness on Wednesday, but it’s unclear if his testimony will conclude before Thursday, Draskovich told reporters. After the jury was dismissed on Tuesday, District Judge Michelle Leavitt advised Telles about his right to refuse to testify. Telles said he understood that he has a right not to take the stand, and that anything he says can be used by prosecutors in cross-examination. “Do you understand that tomorrow, after you’re done calling your witnesses, the court will ask you if you’ve made a determination as to whether you’re going to testify or not?” Leavitt asked. “Yes your honor,” Telles said. “And then if you want to testify, obviously it’s your decision, you’ll be permitted to testify,” the judge said.
https://www.reviewjournal.com/crime/courts/judge-questions-telles-about-desire-to-testify-3143823/?utm_campaign=widget&utm_medium=topnews&utm_source=homepage&utm_term=Judge%20questions%20Telles%20about%20desire%20to%20testify
This is what we’ve all been waiting for. Rob v. The DA. And Rob is apparently going to bring in good character evidence, which will open the door to using all sorts of bad character evidence for impeachment (I.e. when Telles drunkenly beat his wife and was arrested). This is going to be an amazing fail.
In truth, what else can he do? To continue our poker analogies, sometimes you have to all in bluff.
Actually more like all in on a weak draw
Join 3:47 in assuming you meant “not getting it.” I do not underestimate the power of Rogan. I rely on it. When I hear someone talk about his podcast, I know that is a person I do not want to associate with and I thank Mr. Rogan for that.
As for the vaccine, I was one who went and got it as soon as I could. About eight months later a friend of mine sent me a youtube link to some hack MD claiming there would be a massive die-off 3-6 months after we got our vaccines. And yet here I am, suffering this miserable existence in this god forsaken profession and doing my damnedest to avoid Rogan listeners.
It would be nice to have some criminal practitioners weigh in on these questions:
1. Given how (expectedly) poorly this trial has gone for Telles, notwithstanding great lawyering by Draskovich, isn’t the range of possible outcomes (in terms of sentencing) already extremely narrow at this point? It seems improbable that he could hope for a minimum sentence at this point. I ask this question because, assuming so, maybe Telles is so damaged at this point his own testimony can’t hurt him further. In other words, whether or not Telles testifies or not, it seems that he is destined to a maximum sentence. That doesn’t take away from the spectacle of the self immolation we are all about to witness. However, it does call into question what is really left on the line at this point.
2. Telles was warned that if he brings in character testimony himself, the prosecution can bring in character testimony. If you were the prosecutor, how hard would you hit this? Is there any chance of going too hard? Overplaying your hand? Maybe a better question is, how much time do you spend on it, both in absolute terms and as a percentage of your cross?
3. I have only watched the trial online, but you can pretty much see who is in the gallery. I don’t see Telles’ wife there (can’t blame her, right?). If you are Draskovich, are you worried that her absence as a witness is something the jury considers, notwithstanding spousal privilege? If Rob were innocent, and just piddling around the house, jurors might have expected to hear from her to give an alibi. Do you seek an instruction on it?
Drascovich must call the wife to testify and take the fall for Rob. If Rob accuses her and she admits guilt, he can secure the acquittal. It all comes down today. Life without parole or a vacation in Tahiti tomorrow. Let’s go rob!!!
Is Rob’s acquittal gofundme set up yet? I want to pitch in for his vacay
If you were a true believer you’d already have been putting money on his books for the past two years.
My boss watches me like a hawk. Can someone post when Telles starts testifying and how it’s going?
The fly-in witness will go first and then I suspect Telles if they dont pull out.
Telles and his family have been through so much due to Wolfson’s witch hunt. Today, Telles puts an end to the nonsense by embarrassing the DA and running Wolf out of town. Telles has got this.
re: 3
I think you make an interesting point about an alibi. If this was a frame job, as a juror, I would want to hear from someone outside of the Defendant where he was, what he was doing, etc.