[NWPT48]There was a consistent theme to my appearances on The John Carlson Show. Each day both John and Stefan saw a series of Republican victories, while I remained nonplussed. Much of their legal optimism — manufactured or not — was based on the fact that Rossi’s attorneys won nearly every ruling or objection; Judge Bridges is clearly intent on allowing Rossi to present his entire case, such as it may be.
But as David Postman points out in his rather measured analysis in Sunday’s Seattle Times, looks can be deceiving.
There’s no question that Bridges’ rulings through the first five days of trial have almost exclusively benefited Republicans. But that may not be good news for Republicans.
There’s a belief among attorneys that a judge who thinks one side is likely to win will rule in favor of the other on evidentiary and procedural motions. That’s to reduce the likelihood that the case will be reversed due to a technical error, said University of Washington Law School professor Robert Aronson.
“But decisions like that have been known to backfire,” he said. The trial judge could be swayed if enough unfavorable evidence gets in, including some that should have been excluded.
Aronson said that’s more likely to happen with a jury trial. A judge in a bench trial