After time with Jones and hit one of

After
reading the case study which involved three individuals who allegedly raped a
14 year old girl. Police investigators obtaining a statement from Ms. Bland which
revealed that there had been three seperate assaults and rapes againts juveniles
over a three day period. The prosecution filed charges againts the three
suspects who were identified as Mr. Jones, Mr. Walsh, and Mr. Bert. Shortly
after the charges were filed, Ms. Bland contacted the prosecutor’s office and
provided a statement that revealed Mr. Walsh was not present during any of the
rapes. After hiring a defense attorney, Mr. Bert further explained that he did
not commit any of the rapes and was present only one time with Jones and hit
one of the girls. Mr. Bert further stated he has an alibi in which he reveals that
he was with an individual name Mr. Mook during the alleged times that the rapes
were committed. Mr. Mook was currently out of country on a personal mountain
climbing trip and won’t return for about two months from the time the incident
was reported and investigated.

Mr.
Bert requested through his defense attorney to have a motion of severance
pertaining to his involvement on the allaged crimes. A motion of severance is usually
requested by the state or the defendant in order to ask the court to have
separate jury trials on the different charges brought againts that individual (Federal
Rules of Criminal Procedures, § Title IV et seq). Most of the times it is
the defendant who asks for severance, so that the jury won’t hear all the
evidence about all the charges in the same trial. Usually, if the charges
occurred at the same time, or in a course of continuing events, or or otherwise
related to each other, the State will argue to have the charges all tried
together, so that the jury gets to hear the full story of what happened and so
that witnesses don’t have to be subpoenaed for multiple trials (Giannelli, P.
C. 2006). The laws of most states hold that when two or more defendants are
jointly charged with the same offense, they must be tried jointly unless the
judge feels that in the best interest of justice separate trials should be
granted (Roberson, C., & Wallace, H. 2016). Judges tend to prefer hearing
related charges all at once in a single trial because it saves time and
judicial resources. There are many issues which can decide whether to serve or
consolidate charges for jury trial. Even if the charges are related and
happened at the same time, sometimes there is some evidence related to one of
the charges which might be so prejudicial in the juries eyes that it would
influence their judgment concerning the other charges. I believe that the judge
should not grant Mr. Brent a motion of severance due to the facts that he was
present with Jones when he hit a girl but denied that he raped or sexually
assaulted the girl. Eventhough Mr. Brent alleges he did not play part of the rape
or sexual assault of the girl he was present, which can indicate that there
could of been a fear and intimidation factor to the girl and thus felt helpless
if she was raped or sexually assaulted by Jones.

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Now
when it comes to the additional statement that Bland provided to the
prosecutors office in which it states that Walsh was not present during any of
the rapes should still be considered wether to colaborate or rebuttle the fact
that Walsh was or not was present during any of the rapes. Eventhough the statement
states that Walsh did not committ a crime, it does not mean that Walsh did or
did not play any part of the other alleges sexual assaults or rapes. The
investigation should continue to develope more evidence to either colaborate or
rebuttle Walsh did infact play a role in the rapes or facilitating the rapes in
any way, shape or form. I think the prosecutors should actively persuit Mr.
Monk and interview him in order to confirm Mr. Berts alibi.

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