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Old Sun Feb 03, 2002, 09:37pm
Ed Hickland Ed Hickland is offline
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Join Date: Aug 1999
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Quote:
Originally posted by bluezebra
What I didn't see brought up was whether Costin had drugs in his system at the time of the incident. It was brought up that Junta had a prior record of violence about 8 or so years previously. So, why in the name of fairness, wasn't anything allowed re: Costin's drug problems? I'm not condoning what Junta did, but both combatants' records should have been brought up.

Bob
The judge, rightly so, did not allow prior bad acts to be introduced during the trial. Reason being, the prior acts of Costin or Junta were irrelevant since neither individual had an idea of the other's past.

Costin's priors would have been relevant if Junta knew he could have feared Costin.

I don't recall any drug test being introduced on Costin and I am sure Junta's attorney would have fought to get it in if it showed some propensity by Costin placing Junta at a disadvantage.

Last point, Junta's priors were not introduced in the trial. Therefore, fairness did prevail. However, the sentencing hearing is where Junta's wife's 1991 TRO was introduced and used by the judge as consideration. In fact, the judge admonished the defense attorney at the sentencing hearing when he once again attempted to bring up Costin's priors as an attempt to mitigate Junta's sentencing.

On a personal note, there were no winners in this trial on what was a simple pickup game. Regardless of Costin's history he did not deserve a savage beating in front of these children. Junta's daughter graduates high school this year and her father will not be there. Costin's four kids will live the rest of their lives without a father and the memory of his beating. And, Quinlan Junta, son of Thomas, will go through high school without his father present.

That is not what sports is about!
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