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Defense For The Prosecution: Kai The Hitchhiker Trial - Part I

Philip Fairbanks

Posted on March 10, 2021 02:42

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Kai the Hitchhiker has been the victim of an unfair system after years of unconstitutional detention, questionable and potentially illegal investigation methods, and a trial where even his own defense attorney seemed out to get him.

In the case of Caleb McGillvary, better known by many as Kai the Hitchhiker, the phrase "guilty until proven innocent" has been turned on its ear. Kai went from folk hero and living meme to accused of murder. However, an eyewitness for the trial confirmed disturbing discrepancies in the trial transcript. “Now, I’m going to go over some of the stuff that the State’s going to say well.” As he faced the Jury, his face contorted and his voice vehement with rage, Cito pointed accusingly at Kai. “That shows my client is full of crap,” he continued. “He did this intentionally. He purposefully ran out of the house.” This may sound a bit strange as if the defense were working hand in hand with the prosecution. As strange as it sounds, several moments in the trial support this possibility.

On March 21, Judge Robert Kirsch banned all video reporting on Kai's trial on March 21st, 2019, two weeks before it began. Had video recording been allowed, documentation would have clearly shown several issues. In one instance on April 16th, 2019, Union County Prosecutor’s Office Sgt. Johnny Ho was on the witness stand. A video was about to be played for the jury. Kirsch stepped down from the bench and walked to sit near the jurors. "Dim the lights, folks. I'm going to move so I can see the screen closer."

Fine enough, but then how is it that the trial transcript then states that Kirsch viewed the video "from his perch on the bench." Kai claimed the Sherriff's officers began laughing as the video has Kai describing waking up to find Joseph Galfy, the man he's accused of murdering, sexually assaulting him. Bear in mind that in New Jersey lethal force is authorized to protect oneself from sexual assault.

Kirsch "categorically reject[ed]" that two Sheriff’s officers “laughed.” "I was in the courtroom, the whole time, watching Mr. McGillvary and the Sheriff’s officers from my perch on the bench." So which is it, were you on the bench or sitting near the jury "to see the screen closer?" Kai requested a review of courtroom security footage to prove his claim that Kirscher lied. Not surprisingly, Kirsch himself shot down the request as "there's no basis for me to do so and I'm not doing it."

A bit kangaroo court for my taste, but sadly, par for the course when it comes to the Kai the Hitchhiker story. This is just one example of many highlighting the irregular, in some cases blatantly illegal, manner in which Kai's investigation, detention, and trial took place. From the destruction of exculpatory evidence to ignoring Kai's rights as a victim of sexual assault under New Jersey law and as a human endowed with certain inalienable rights by our Constitution, this has been going on for years now, for far too long.

To stay updated, check out the Kai Legal Support page on Facebook.

Philip Fairbanks

Posted on March 10, 2021 02:42

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Source: IGN
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