Mistrial in case with word "rape" banned from testimony

[Subdivisions]

http://www.onelocalnews.com/howelltimesandtranscript/stories/index.php?action=fullnews&id=132735

Before a jury was even seated, a judge declared a mistrial Thursday in a sex-assault case where he had barred the words "rape" and "victim" among others.

A jury was in the process of being selected when Cheuvront declared a mistrial.

Cheuvront barred attorneys and witnesses from using words including "rape," "victim," "assailant" and "sexual-assault kit," and ordered witnesses to sign papers saying they wouldn‘t use the words. Words such as "sex" and "intercourse" were allowed.

-snip-

More absurdity in the American fabric...

[Raskolnik]

1. There's a lot about this story that doesn't make sense.

And the AP's article didn't help at all.

[Richard Steele]

2. Let's hope a Judicial Review Board figures it out.

There's just no way I can turn those facts around
and make them add up to "fair and impartial" Judgement.

That's just a bizarre set of circumstances.

[Katherine Brengle]

3. WTF???

"Rape" does not = "sex" or "intercourse"

That's so far beyond fucked up I can't even think straight right now.

[rocktivity]

4. Here's more from CNN

http://www.cnn.com/2007/US/07/13/censored.trial.ap/index.html
Judge Jeffre Cheuvront of Lancaster County District Court said protests and other publicity surrounding the rape case against Pamir Safi, 33, would have made it too difficult for jurors to ignore everything they heard before the trial...Safi is accused of raping Tory Bowen in 2004. He said they had consensual sex, but she said she was too drunk to agree to sex and that he knew it.

State law allows judges to bar words or phrases that could prejudice or mislead a jury...Bowen, 24...said she...chose to speak out after Cheuvront's order because "silencing rape victims is something that has been done for far too long."

Cheuvront also wrote the trial would be continued, with a date to be set later, and that the court may move the trial to a different county.

How can a judge declare a mistrial on his own ruling? And shouldn't he recuse himself from the case regardless of where it ends up?

:shrug:
rocknation