In an interview with FOX 17, Levine & Levine Managing Partner Randall Levine explained why a judge’s decision to deny a motion banning “certain inflammatory language” was a likely outcome ahead of former GRPD officer Christopher Schurr’s upcoming trial in murder death of Patrick Lyoya.
Attorneys for Schurr filed the pretrial motion, claiming words like “execution” unjustly assumed the former officer’s intent in his role in Lyoya's death. The prosecution countered, claiming the witness was entitled to share with the court why he chose to testify, having seen video of the shooting.
In the motion hearing on Thursday, March 27, 17th Circuit Court Judge Christina Mims said she was “reluctant” to control the words of the courtroom.
“Personally, I find the word 'murder' inflammatory, as well as 'shot to death,'” said Mims. “Words like that can be inflammatory, but it doesn't mean they should not be allowed to be used.”
Levine, who is not part of the case, told FOX 17 that the judge's decision to deny the motion was a likely outcome.
“It would have to be a very high bar before a judge is going to sanitize the testimony of a witness who's trying to describe in the best way that they can, under difficult circumstances, what it is they observed so that a jury can understand,” Levine said in his interview with FOX 17.
Levine explained that the lawyer is “doing his job” when he “paints a picture with words.” Ultimately, it's a jury's duty, to take the facts of the case together with the testimony and deliver a verdict, he said.
“We are in the language business. That's what lawyers do,” said Levine. "The jury is ultimately the arbiter."
The trial of Christopher Schurr is set to begin on April 28. Jury selection is scheduled for April 21.
Watch the full interview, here: https://bit.ly/4iOvaqo