Charlie Adelson New Trial? Appellate Argument on New Trial Motion

Quick Read

This episode dissects high-stakes legal appeals, revealing critical procedural missteps in Charlie Adelson's new trial bid, exposing alleged abuses in YouTube's copyright system by the Associated Press, and detailing the bizarre federal defamation trial against a TikTok 'psychic'.
Charlie Adelson's appeal for a new trial is severely hampered by his trial attorney's failure to follow critical procedural rules and decision to decline reviewing key jury evidence.
The Associated Press is accused of systematically abusing YouTube's Content ID by claiming copyright on public court footage, impacting creators' monetization and reach.
A self-represented TikToker, found liable for defaming a professor by falsely accusing them of murder, is expected to miss her damages trial, raising complex legal recovery issues.

Summary

Emily D. Baker provides a detailed legal analysis of several ongoing cases. The primary focus is Charlie Adelson's appellate argument for a new trial, where the defense grapples with procedural failures regarding change of venue motions and the admissibility of text messages. The discussion highlights how the trial attorney's past decisions, such as declining to review jury assembly room tapes, severely impact the appeal. Separately, Baker exposes the Associated Press's alleged abuse of YouTube's Content ID system, claiming court content they don't own, and clarifies how monetization is frozen during disputes. The episode also covers the Corey Richens murder case, speculating on the defendant's media strategy, and provides an update on a federal defamation trial where a TikToker, accused of falsely naming a professor as a murderer, is representing herself and potentially planning to skip trial.
This analysis provides a rare, in-depth look into the procedural intricacies and strategic missteps that can make or break a high-profile legal case, from trial to appeal. For legal professionals, it underscores the critical importance of preserving objections and meticulously documenting evidence. For content creators, it exposes potential anti-competitive practices by large media organizations on platforms like YouTube and offers crucial insights into navigating copyright claims. The cases discussed also illustrate the broader societal impact of online defamation and the challenges of maintaining a fair legal process in an era of fragmented media consumption and self-representation.

Takeaways

  • Charlie Adelson's appellate defense for a new trial is undermined by the trial counsel's failure to file a proper affidavit for a change of venue and not renewing objections.
  • Defense counsel for Charlie Adelson declined a court offer to review recordings of the jury assembly room, missing a critical opportunity to gather evidence of jury taint.
  • Two jurors in the Adelson trial were excused for cause after lying about discussing the case and expressing opinions on guilt, with one actively telling others Adelson was guilty.
  • The Associated Press is allegedly abusing YouTube's Content ID system by claiming copyright on public court content, which they do not own, causing monetization delays for creators.
  • YouTube's Content ID system freezes monetization for 5 days during a dispute, rather than immediately transferring it to the claimant, a key clarification for creators.
  • The host speculates that the AP's aggressive copyright claims on public court content may be an anti-competitive tactic to suppress independent creators covering the same news.
  • In the Corey Richens murder case, the host suggests the defense's motion regarding witness intimidation is a media strategy to counter negative SEO related to the 'walk the dog' letter.
  • A federal judge in the TikTok psychic defamation case patiently explained trial procedure multiple times to the self-represented defendant, who relies on 'clairvoyance' as evidence.
  • The TikTok psychic, found liable for defamation, has filed a last-minute motion to dismiss and indicated she might not appear for her damages trial, citing being 'out of the country'.
  • The professor in the defamation case faces significant challenges in recovering damages, even if victorious, due to the TikToker's potential non-appearance and international location.

Insights

1Charlie Adelson's Appeal Undermined by Procedural Failures and Missed Opportunities

Charlie Adelson's appellate argument for a new trial, primarily based on a tainted jury and denial of change of venue, faces significant hurdles due to his trial attorney's procedural missteps. The defense failed to file a written motion and affidavit for a change of venue, which the appellate judges repeatedly highlighted as a critical omission. Furthermore, the trial attorney declined the court's offer to review recordings of the jury assembly room after two jurors were found to have lied about discussing the case and expressing opinions on Adelson's guilt, including one actively telling other jurors he was guilty. This decision meant crucial evidence of potential jury taint was not formally presented, limiting the appellate court's ability to review the claim beyond speculation.

The appellate court judges questioned the defense counsel extensively on the lack of a written motion and affidavit for change of venue (). The defense conceded that the objection to the jury was not renewed at the conclusion of jury selection (). The court offered defense counsel the opportunity to review tapes of the jury assembly room to assess juror comments, but counsel declined (, ). Two jurors were found to have lied about their opinions and discussions, with one juror (Mr. T) actively telling others Adelson was guilty ().

2AP Accused of Abusing YouTube's Copyright System for Anti-Competitive Advantage

Emily D. Baker alleges that the Associated Press (AP) is systematically abusing YouTube's Content ID system by claiming copyright on public court content, which is not copyrightable. This practice leads to monetization claims against independent creators covering the same legal proceedings. While YouTube's Content ID team clarified that monetization is frozen for a 5-day window during a dispute, rather than immediately going to the claimant, the host argues that these claims still cause significant financial and algorithmic harm to creators. She suggests this behavior is anti-competitive, potentially suppressing the reach of independent news analysis channels.

The host received numerous copyright claims from the Associated Press on court content (). She states that court content is not copyrightable and the AP '100% knows that' (). The AP's claims lead to monetization being frozen for 30+ days (). YouTube's Content ID team clarified that monetization is frozen for 5 days during a dispute, not immediately transferred (). The host speculates these claims hurt video reach and are anti-competitive ().

3TikTok Psychic Defamation Trial Highlights Challenges of Self-Representation and Online Harassment

A federal defamation lawsuit in Idaho, where a professor sued a TikTok creator for falsely accusing them of murder and an inappropriate relationship, has progressed to the damages phase. The TikToker, representing herself, has consistently presented 'clairvoyance' and 'tarot card readings' as objective evidence, leading to significant procedural difficulties and exasperation from the court. With the trial approaching, the TikToker has filed a last-minute motion to dismiss and indicated she might not appear, citing being 'out of the country,' raising concerns about the professor's ability to recover damages for the severe emotional distress, death threats, and reputational harm suffered.

The TikToker accused a professor of murder and an inappropriate relationship based on 'clairvoyance and claircognizance' (). The professor won summary judgment on liability, meaning defamation was proven (). The TikToker is representing herself and referred to herself as a 'spiritual witness to the crime' (). The court expressed concern about the TikToker's understanding of trial procedure and admonished her about contacting jurors (). The TikToker filed a new motion to dismiss and stated she would file for a continuance, mentioning she was 'out of the country' (). The professor experienced death threats, university calls for removal, and emotional distress ().

Lessons

  • For legal professionals: Always file written motions and supporting affidavits for significant procedural requests like a change of venue, and renew objections at critical junctures to properly preserve issues for appeal.
  • For content creators: Dispute all copyright claims on public domain content (like court footage) immediately. Understand that monetization is likely frozen, not lost, during the initial dispute period, but be prepared for potential delays and algorithmic impact.
  • For individuals facing online defamation: Understand that legal recourse, though lengthy and challenging, can lead to a finding of liability, even against self-represented defendants relying on non-legal 'evidence'.

Notable Moments

Appellate judges press Charlie Adelson's counsel on procedural failures.

This highlights the strict adherence to legal procedure in appellate courts and how trial-level omissions can severely weaken an appeal, even in high-profile cases.

Defense counsel for Charlie Adelson declined to review jury assembly room recordings.

This decision is presented as a significant missed opportunity to gather crucial evidence of jury taint, directly impacting the strength of the appeal.

Two jurors in Charlie Adelson's trial lied about discussing the case and expressing guilt.

This dramatic revelation underscores the challenges of jury selection and the potential for juror misconduct, even under judicial admonishment.

The state's attorney argues that the trial judge protected Charlie Adelson by not admitting racist, misogynistic, and sexist text messages.

This reveals a rare instance where a judge might intervene to prevent a defense from introducing evidence that, while potentially 'relevant' to a defense theory, would be unduly prejudicial to their own client's character, effectively preventing an 'invited error' or 'self-inflicted wound'.

The TikTok psychic, found liable for defamation, states she is 'out of the country' and may not appear for her damages trial.

This illustrates the practical difficulties of enforcing civil judgments, especially when defendants are uncooperative or leave the jurisdiction, and the ongoing burden on victims of online defamation.

Quotes

"

"He's been going around telling other jurors that Mr. Adlesen is guilty."

Juror (reporting on Mr. T)
"

"You cannot try to be Alan Jackson if you are not Alan Jackson because there's a whole lot of history there first."

Emily D. Baker

Q&A

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