#LegalEthics Tidbit: Can I omit material facts from my complaint if the boilerplate template I’m using didn’t have a space for them?
A Indian citizen residing in Iowa filed a pro se complaint in IA federal court seeking to compel the ... (cont.)
storage.courtlistener.com/recap/gov.us...
#law
![At that point, an AI video, which depicted the “victim”
speaking to the camera, was played. The video began with the
AI victim explaining that the video was a “version” of himself
“recreated through AI that use[d] [his] picture and [his] voice
profile.” Then, a “real” video of the victim, embedded within
the AI video, played, in which the victim conveyed his faith
and spiritual beliefs to an unidentified individual. When the
video of the victim ended, the AI victim reappeared and
stated that the AI video “is a true representation of who [he]
was ... not how the courtroom portrayed [him].” (Emphasis
added). After the AI victim thanked the court and his friends
and family in attendance, he addressed Horcasitas—stating
in part, “I believe in forgiveness and in God who forgives.”
The AI victim then ended his remarks by conveying his love
for his friends and family and assuring them he would see
them “on the other side,” while what appears to be another
embedded “real” video showed him fishing.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qlqfq3wnq4yl4xfr2nsol3v2/bafkreicuebevwh7w4p5uespa4n3tmqfg253zyj4jo7hng5vt7klm755ru4)
![RESPONDENT: Referring to Your Honor. Now, I'm
assuming Your Honor denies you're a child predator; would
I be correct in making that assumption?
*12 SUPERIOR COURT JUDGE 4: Mr. Clark, make
your argument, please.
RESPONDENT: Well, my point is I don't believe it's up to
you to decide if you are a child predator. You -- I'm sure
even child predators, like all child predators, deny they're
child predators. So, you know, for you to decide whether
or not these are true certainly is a problem. I mean, they
basically are true, Your Honor. I mean that's one of the --
the defenses, you're scowling, but one of the defenses --
I mean, the 1st Amendment protects true statements. True
statements can never be contrary to the 1st Amendment and
these are true statements.
SUPERIOR COURT JUDGE 4: As an officer of this court,
are you saying I'm a child predator? You, not your client?
RESPONDENT: I'm saying that is a true statement.
SUPERIOR COURT JUDGE 4: Is that your argument?
RESPONDENT: It is a true statement that given the actions
of this Court you could correctly be described as a child
predator.
SUPERIOR COURT JUDGE 4: Are you describing me as
a child predator?
RESPONDENT: I think that is an accurate description.
SUPERIOR COURT JUDGE 4: Okay, thank you.
RESPONDENT: Again, looking at the fact that this Court
has separated [S.M.] from his children for two years
without any conceivable reason, the children are going
through torture. The family is going through torture. But,
again, you know, we say you're a child predator, you say
you aren't. Well, I -- I don't think that's a determination for
Your Honor to make.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qlqfq3wnq4yl4xfr2nsol3v2/bafkreiajkrkg7zg3sfp4mfydqr3n5otrc6ercwfm7uxgugkdbiyp352qhi)
![Issue Two: Prosecutorial Misconduct
[19] In his opening statement, the prosecutor summarized
the evidence that was expected to be presented at trial and
stated, “[T]hat's the case, folks, in a nutshell. Now, you're
going to hear from the State's witnesses. You're going to
find that they're trustworthy and reliable.” Tr. Vol. 3 at
62. Defense counsel stated, “Objection, Your Honor. That's
improper vouching. The jury will decide whether they're
trustworthy.” Id. The trial court asked counsel to approach
and asked defense counsel, “Do you have any rule to cite for
improper vouching, or case law?” Id. at 63. Defense counsel
replied, “Well, we've got the Attorney Rules and Ethics that
say we're not allowed to vouch](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qlqfq3wnq4yl4xfr2nsol3v2/bafkreigjfix4ujaf5adrcbrnwmfpwzsn2cypdsa2wnmzbmi5tqojwfexgq)
