the jury will infer a defense that isn't argued.

The defense can still present circumstantial evidence that he could not form the intent to kill, ... All this means is that they can't call the experts they couldn't call anyway because he refused to be examined.

The big issue would be if there was illegally obtained evidence. It could lead to motions for new trials on cases that have been resolved. This case could cause a major disruption.

The constitutional presumption is for openness in the courts, but we have to ask whether we are really honoring that. What are the reasons for so many cases remaining under seal?

Courts don't want to invade the deliberative process. We favor finality, and we don't want to send a message to jurors that you can do whatever you want to do because if you have second thoughts we can undo it.

Rodney King was about police abuse, O.J. was about police incompetence, and Rampart is about police corruption. That's a pretty grim picture for the LAPD, ... What Rodney King taught us is you can't ignore the problems and hope they will go away.