I would urge the district attorney's office to give this a good hard look and, instead of worrying about protecting a conviction, consider dropping the matter entirely,
More Quotes from Denny Chin:
It is ironic, ... that a media company that should be seeking to protect the First Amendment is seeking to undermine it by claiming a monopoly on the phrase 'fair and balanced.'Denny Chin
The evidence was incredibly thin, ... When you look at all the evidence, I cannot imagine that a reasonable jury would convict him.
Denny Chin
unlikely a valid trademark. ... The mark is a weak one as trademarks go.
Denny Chin
This case has provided us with an example of imperfection of justice as well as its strength,
Denny Chin
wholly without merit, both factually and legally.
Denny Chin
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