Rob Murphy's Day in Court

[The Chairman]

Many of you remember about the avid Spear Fisherman, Rob Murphy having his legs amputated when he was run over by Roger J. Nicosia, Jr. Here is a follow-up on that now: Witnesses describe watching a boat strike a Palm Beach Gardens man last year in Stuart during a Martin County trial TCPalm.com

 

[mike_s]

Is this a jury trial? or does the judge rule for guilt?

 

[deepstops]

Non jury trial.

They aren't expected to finish today. From what I understand, the doctor presented a very different picture that was supported by many of the findings in the FWC report. Expect a verdict tomorrow.

I predict there's going to be some responsibility on both sides of the fence here.

 

[Jax]

Non jury trial.

They aren't expected to finish today. From what I understand, the doctor presented a very different picture that was supported by many of the findings in the FWC report. Expect a verdict tomorrow.

I predict there's going to be some responsibility on both sides of the fence here.

Did they ever get a blood alcohol test done on the guy?

 

[mike_s]

Did they ever get a blood alcohol test done on the guy?

Good question.

 

[Wookie]

So, I assume this State vs. Nicosia, a criminal trial, and there isn't really a division of fault in this trial. Either Nicosia is guilty, and pays the fine and goes to jail, or is not guilty, and gets off. Is it safe to assume that this will set up some civil litigation (if he is guilty) where Rob sues the crap out of him, and THAT'S where the judge/jury find and assess blame/fault?

BTW, this isn't some should Rob sue or not sue statement. I don't really understand trials except for what I see on Perry Mason re-runs.

 

[djtimmy77]

WPTV opened the 6pm news this evening with this story. Surprising that they didn't mention that the ER doc didn't stop to help.

 

[mike_s]

So, I assume this State vs. Nicosia, a criminal trial, and there isn't really a division of fault in this trial. Either Nicosia is guilty, and pays the fine and goes to jail, or is not guilty, and gets off. Is it safe to assume that this will set up some civil litigation (if he is guilty) where Rob sues the crap out of him, and THAT'S where the judge/jury find and assess blame/fault?

BTW, this isn't some should Rob sue or not sue statement. I don't really understand trials except for what I see on Perry Mason re-runs.

I think there is a civil suit filed, but it was awaiting the criminal trial before it went forward. (I might be wrong... you can't believe everything you read on the internet. this case is no exception) .

WPTV opened the 6pm news this evening with this story. Surprising that they didn't mention that the ER doc didn't stop to help.

Prob either didn't know that, or didn't know if that was a proven fact.

but then again, I've never seen the lack of correct facts get in the way of the news media producing a "good story".

 

[Hetland]

Is this a jury trial? or does the judge rule for guilt?

Often defendants that are unsympathetic in any conceivable way will choose a bench trial. They fear the opposite of jury nullification (jury slamification) (I just made that word up), where a jury may convict because the defendant is an @$$ or the victim/plaintiff has big puppy-dog eyes, or stumps where their arms or legs used to be.

Most of the time (in my very limited experience) in criminal matters bench trials are better, as it's just the available facts (and not attorney table-slamming) that go into deciding the case, but occasionally you will get the crazy-@$$ judge that is just as bad as the jury that thinks CSI is a documentary.

I can't see the civil case going to trial (where the victim/plaintiff is the one that gets to demand a jury) If any case needs to be settled, it's this one. The only thing that could make it worse for the boater is if he was an attorney.

 

[djtimmy77]

cbs 12 at 7pm mentioned that he fled the scene.