Anybody else find it odd that the DA was so intent on Kate "staying put"?

cheers

I was more baffled by Kate being tried in L.A. when the murder happened elsewhere...

Yes- I thought this was a really weird punishment.
OK, you don't have to serve time in prison for murder, but you do have to stay in California for 10 years (or whatever the time was)
It doesn't make sense to me... I guess because she is on probation?

It might have been to highlight the positive growth of her character. She doesn't need or want to run anymore.

It really didn't make sense for her to be on probation but have to stay in CA. She should be able to travel and if she ever committed a crime, then it would be a violation of probation, etc.

I too think its weird that the trial was in CA when the murder/crime was in Iowa (I think). If anything it would have been the worst possible idea to try her in CA with all the extra media attention.

I think this deal just resembles how horrible the trial was. I really thought Abaddon was going to plant some evidence to get her off and she was going to work for his group. This deal and sequence was tacky.

Anybody else find it odd that the DA was so intent on Kate "staying put"?

cheersYes in this day ( or future day) and age. People may need to travel for work. Even Martha could cross state lines

I dunno. I know of one person who is not allowed to leave the state of Texas due to his probation.

It seemed that Kate really jumped at the stipulation that she couldn't leave the state--she was all for it. I liked the poster's idea that it signaled Kate was giving up running, but I also wonder if there was another reason Kate interrupted her lawyer (who was questioning the stipulation) to accept the offer.

Yes- I thought this was a really weird punishment.
OK, you don't have to serve time in prison for murder, but you do have to stay in California for 10 years (or whatever the time was)
It doesn't make sense to me... I guess because she is on probation?

It makes sense if you look at it from the writers perspective of furthering the story instead of Judicial law

Obviously, this is a boundry that is meant to be crossed----putting Kate on the run again in future episodes.

It makes sense if you look at it from the writers perspective of furthering the story instead of Judicial law

Obviously, this is a boundry that is meant to be crossed----putting Kate on the run again in future episodes.

I agree, part of probation is always that one cannot leave that state for the term of the probation. So having an extra stipulation that she cannot leave the state is redundant, and just serves to highlight something that would have been expected of any person on probation. I believe this was done for those viewers that don't know this about probation because it will become important later, as John has suggested.

I think the emphasis on Kate staying in the state...and Kate JUMPING at the offer...could be a sign that Kate is looking for a legitimate reason to NOT have to do something she is being made or asked to do. Like, remember when Jack wanted her to go back to the island and she doesn't want to go? Or maybe she's being forced to do things for Abaddon that require travel, and this will be her "out".

This is in direct conflict to Kate's normal MO, so for the writer's to show this kind of response has very distinct meaning.

As a prosecutor myself, I have issues with Kate being tried in a different state for the murder. At the Federal level, there is precedent for moving a trial to a different state (i.e. Timothy McVey was tried in Colorado for the Oklahoma City bombing). But not at the state level (and I am assuming that the murder was a state offense, not a federal one). Now the bank robbery could be a taken by the Feds, but I don't see how that robbery and the murder charge could be joined for trial.

I agree with the earlier poster though that the writers were more concerned about Kate's story than getting all of the "legal" details correct.

Anybody else find it odd that the DA was so intent on Kate "staying put"?

cheers

It's pretty common practice to disallow people that are on probation to leave state lines. I'm not sure what the logic of the punishment is.

This means Kate can't legally "go back" with Jack. Probably the reason for their ultimate rift...

It really didn't make sense for her to be on probation but have to stay in CA. She should be able to travel and if she ever committed a crime, then it would be a violation of probation, etc.

I too think its weird that the trial was in CA when the murder/crime was in Iowa (I think). If anything it would have been the worst possible idea to try her in CA with all the extra media attention.

Generally when people are on probabtion, they are not permitted to leave their state of residence without written and approved permission from their Probation officer or the court. So it makes sense, at least to me, that the DA mentioned that as well. I think she wanted her to "Stay put" because, as we saw from Kate's flashbacks in earlier seasons, she has a habit of running from things.

It sure seems like it was important to the DA for Kate to stay in the state for the next 10 years. I am thinking there was more to the prosecution than meets the eye. I don't think they really cared about putting away Kate for killing an abusive drunk. The writers even mentioned something to that affect. I think the prosecutor has another agenda. One that involves keeping very close tabs on Kate because she's O6. Did anyone notice a bracelet on here???

I think that scene was not so much for the emphasis of the DA's position, but for Kate to be able to emphatically WANT to sign papers that MAKE her stay in California. Girlfriend wants every reason NOT to be able to leave. Could be Jack's already asking her about going back, could be she's being made to do things "against her will" much like we have seen Sayid is involved in. At any rate, this hinted that Kate wants desperately to be confined to the area. Totally against character, btw.

At any rate, this hinted that Kate wants desperately to be confined to the area. Totally against character, btw.

I don't think she desperately wants to stay in the area. I think it shows that Kate has changed. She used to "run" from everything, never staying in one place for very long. Now, she doesn't care about running. She has a child to care for, and that is more important to her than running.

As far as a hidden agenda on the DA's part, it could be a plan to keep Kate from looking for the island or trying to get back to it.

I don't think she desperately wants to stay in the area. I think it shows that Kate has changed. She used to "run" from everything, never staying in one place for very long. Now, she doesn't care about running. She has a child to care for, and that is more important to her than running.

As far as a hidden agenda on the DA's part, it could be a plan to keep Kate from looking for the island or trying to get back to it.


Good analysis. I think this is partly true too. BUT...the fact that she was SO QUICK to jump at the offer of 10 years without being able to leave the state. That said more than just, "I'm tired of running. I think I'd like to just stay home and knit for a while."

As far as a hidden agenda on the DA's part, it could be a plan to keep Kate from looking for the island or trying to get back to it.

I think the DA might be working for the Economist or someone close to the Economist. Why else would she care about Kate leaving the state? She is keeping tabs on Kate and it is for something other than the crimes she is charges with.

Good analysis. I think this is partly true too. BUT...the fact that she was SO QUICK to jump at the offer of 10 years without being able to leave the state. That said more than just, "I'm tired of running. I think I'd like to just stay home and knit for a while."

I thought it said "I'm tired of running. I just want to raise my son." It really does seem as though Kate considers Aaron her own son, even though she "adopted" him. Parents will do anything for their kids, and I think this is Kate's way of doing whatever she can to be with and raise Aaron. She doesn't go to jail, so in her mind she takes the deal with whatever is attached as long as it means she is there with Aaron.

I did not see this in a thread, my apologies to the mods if there is already one on this topic.

Like everone else I think Kate's story was a bit much in this epi. We don't know if Aaron is her child or Claire's, but she is passing him off as her own.

I liked Kate in the episode for one reason, she seems to really love Aaron, is putting his well-being above her own. She will not let her attorney use him, makes sure he does not hear about the trial, puts her feelings for Jack aside because he has an aversion to the child. I also thought that she was willing to settle down, stop running for Aaron, she was willing to stay in the state for 10 years as a term of her release.

I was wondering if maybe she jumped at the term--10 years without being able to leave the state--because it gives her a good reason NOT to go back to the island. She can't leave the state, she can't go back and return Aaron to Claire if Claire is still alive. If Aaron was taken under durress, it gives her a fantastic excuse to just stay put and raise Aaron. Her attorney told her not to take the terms of probation, but she seemed to jump and want them.

What do you think?

I'm not sure why she agreed to it. Surely she could have gotten a better deal. She can't leave the state for 10 years? That's ridiculous, and I have no idea why ANYONE would be willing to take those terms. Especially if they have a child - doesn't she want Aaron to be able to go on vacations and explore the country with him?

I agree that she seemed very eager to jump at the terms when they said she had to stay in state. My thought was that this would make her stay put with Aaron, which would not normally be in her nature. She was "born to run" after all.

Initially I though it was selflessness and her love for Aaron, but now I'm thinking that it is a sneaky way to keep Aaron from the island.

I think at the moment Kate took the deal, she was only looking at it as 'no jail time'. I think she was too quick to answer. Even her lawyer shot her a look as if she had answered too quickly. Kate was willing to accept any offer that did not involve jail time.

As for the 'remain in the state for 10 years' stipulation, I think she will regret that in the long run.

I can't shake the feeling that Kate is protecting Aaron. If she needs to get out of state to do so, that may cause a big problem for her.

ETA: I think the Oceanic 6 are lying to protect those on the Island for some reason. Why else lie about people not surviving the crash?

I'm not sure why she agreed to it. Surely she could have gotten a better deal. She can't leave the state for 10 years? That's ridiculous, and I have no idea why ANYONE would be willing to take those terms. Especially if they have a child - doesn't she want Aaron to be able to go on vacations and explore the country with him?

Kate was on the run from police for what, two years? And don't forget that she Left. The. Country. in order to evade justice.

When the DA called her the very definition of a flight risk, she was absolutely right. Kate runs. Kate has a long history of running.

For a premeditated murder, Kate got a surprisingly lenient sentence.

But mark my words: Kate. Will. Run. Again.

First off I'd like to say that I think all the posters here are amazing, I've been lurking at this site since season one and have read almost every post. Thank you all.

I think that Kate is staying put to protect Aaron. It is possible in a future show that Claire will discover Aaron's "special gift" and realize the psychic may have mis spoke when he say "He can not be raised be another instead of an "Other". But for some reason we don't know yet Clair will be unable to leave the Island and she begs Kate to take Aaron off the Island and protect him.

In all of the other flash forwards, the characters were in some way dealing with getting back to the island. Hurley and Jack were almost haunted Sayid is killing to help his friends (assuming it is those on island) but Kate's flash did not. This is early on I guess, but every other flash showed their need to go back...all but Kate. Maybe it is to protect Aaron, maybe it is to keep him and protect what she loves from being taken from her.
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Congratulations on your first post Lost_4Ever. People in this forum are amazing.....I feel like a twit most of the time. They come up with the most amazing things:biggrin:

Initially I though it was selflessness and her love for Aaron, but now I'm thinking that it is a sneaky way to keep Aaron from the island.

Yep - there's no way that Kate is going to return to mystery island which is the centre of so much intrigue and dark secrets if she has to break probation conditions, Kate being the law-abiding model citizen that she is.

:cool:

I wouldn't be surprised if the powers who got Kate off the Island and set up the cover story arranged the deal to keep her out of jail - but wanted to make it easier to keep her/Aaron under tabs in the coming years. I don't think a court order is going to prevent her from doing what has to be done when it all comes down to the end-game. I notice she seemed to have a very nice house and lots of expensive stuff. No doubt provided by the same shadowy people in the interests of giving her less reason to disappear.


Also, I suspect that we're moving towards a scenario where most of the Lost plot plays out in 'present day', off-Island with the Island increasingly being seen only in 'flashbacks'. Then I guess we'll see them get back to the Island to put things right, maybe in the final season.

I

What do you think?
Lost_in_DeLandFla;
I agree with most of what you say here very much.

We don't know if Aaron is her child or Claire's, but she is passing him off as her own.
I think we DO know it's Claire's baby Aaron, but she is saying it is her own.

She will not let her attorney use him, makes sure he does not hear about the trial..

I took this a little differently. If she did bring him into the trial, it would open the door legally for dna tests to see if Aaron is really hers or not. she would certainly have a hard time explaining that, and blow the 'cover story'. Same for not wanting her Mom to see him; she may see right away that the baby is not Kate's...Mom's can do that, right?

10 years without being able to leave the state--because it gives her a good reason NOT to go back to the island.
I agree with this..the perfect excuse for not going back to Lostia. I will guess that Claire gives Kate her baby as a dying wish type of request. "Don't let the dingos eat meee Baaaabieee!!"

I notice she seemed to have a very nice house and lots of expensive stuff. No doubt provided by the same shadowy people in the interests of giving her less reason to disappear.

Remember that Sayid mentions the big settlement from Oceanic for all the O-6. I think it's clear her 'stuff' was paid for by this windfall. And actually, part of the deal for keeping the 'cover story' Jack said going. I bet it's for 3.2 million $ each?

Great OP, DiL!! I was looking for a thread here that discussed the change in Kate from Island Kate to Stateside Kate. From what I understand in talking to people who've been in a "similiar" circumstance as Kate (similar being relative since I don't know anyone who's done the things Kate did before the crash), and add in Kate's impetuosity, I wasn't at all surprised that she jumped at the terms. I was really pleasantly surprised that post-Island Kate puts someone else way above what she might want. There's a maturity about her that's refreshing, especially coming off the scene where she slapped James for his calling her out on jumping back and forth between him and Jack.
At the time, ten years probably doesn't seem that long and I do think that this will ensure, in her mind, that she can't go back to the Island no matter what the inducements are because there's a child at stake who she's obviously grown to love as her own. Hmmmm...now that I write it out loud, I'm beginning to think that maybe she knocked Claire out in order to ensure she was rescued and Claire's still back on the Island. Now that would be the pre-Island Kate that we've seen. Crap! I hate it when I think a character's progressed and grown and realize that I've been conned. I think I'll go sulk with Locke. :46:

I really like this thread.

All the theories and the possibilities, gets me excited for the next episode(s).

Hmmmm...now that I write it out loud, I'm beginning to think that maybe she knocked Claire out in order to ensure she was rescued and Claire's still back on the Island. Now that would be the pre-Island Kate that we've seen. Crap! I hate it when I think a character's progressed and grown and realize that I've been conned. I think I'll go sulk with Locke. :46:
Ha ha ha, yep Guin, I did the same thing. I was congratulating Kate in a thread then kind of went "ruh-ro--that isn't Kate" she is at all times self serving, so maybe there is a dark undercurrent in her wanting to stay put for 10 years....or maybe she's just a good Mom:drowsy:

Hmmmm...now that I write it out loud, I'm beginning to think that maybe she knocked Claire out in order to ensure she was rescued and Claire's still back on the Island. Now that would be the pre-Island Kate that we've seen. Crap! I hate it when I think a character's progressed and grown and realize that I've been conned. I think I'll go sulk with Locke. :46:

Why would Kate choose to go back to reality when she knows that she is going to be facing a trial and possible jail time?

We just saw her bust Miles out to talk to Ben precisely because she was worried that she would be back to being a wanted person as soon as she got off of the Island.

If anything, she would be trying to stay put on the Island. The only real reason for her to want off is if she was pregnant, which it now seems she wasn't. Unless the 'Aaron' thing is a fake-out and she named her child in respect for Claire/Aaron.

I believe that not being allowed to leave the state without special permission is common for probation... or am I thinking of parole? Anyway, she certainly had a history of running, it would seem like a reasonable addition to the probation terms if it wasn't standard.

It was a Federal Agent who was after her, and her crimes ranged across a number of states, so I assumed she was tried in federal charges, and didn't find it odd that she was tried in CA.

Umm... no. That's an almost universal thing with probation.

Why would Kate choose to go back to reality when she knows that she is going to be facing a trial and possible jail time?

We just saw her bust Miles out to talk to Ben precisely because she was worried that she would be back to being a wanted person as soon as she got off of the Island.

If anything, she would be trying to stay put on the Island. The only real reason for her to want off is if she was pregnant, which it now seems she wasn't. Unless the 'Aaron' thing is a fake-out and she named her child in respect for Claire/Aaron.

She is pregnant. That's why it's so important for her to find out what she's going back to. Now she knows there's no point in her trying to fake her identity. That's why she was so upset at Sawye'rs reaction when he was so happy about her saying she wasn't. That's why she even gave him another chance, saying "would it really be the worst thing in the world?" And that's why after he said that it would, there was no longer any reason to stay there, as she knew she would have to raise it alone. Look at the look she gives him as she goes out the door. She's not being flighty. She's deadly serious.

I think that it is obvious that getting all of the "legal" details correct of the trial was the last thing the writers tried to do in this episode. I believe that there is an element here of the Oceanic 6 needing to go back to the Island to save the lives of the ones left. We have seen Charlie egging on Hurly, and Jack "addicted" to the idea, so to speak, of getting back to the island with all of the charts and maps of the Pacific in his apartment. I believe Kate is just simply over it and just wants a reason not to have to be involved in the pursuit of reaching back to the island. Perhaps not wanting the outcome as well if the other survivors come to bear after she has taken custody of the baby Aaron? What do you think?

She is pregnant.

Interesting take. My take is that Kate knew she wasn't pregnant because she was having her period. She seemed to indicate this with her eyes when talking to James about not being pregnant. I think the scene was written to bring the issue of pregnancy up in viewers' minds and, along with mentions of her son, set up the surprise that her son was none other than Aaron Littleton. There's plenty of things said in that scene that would send any woman off looking like that. Hehe.

Just out of curiosity, since you believe Kate is pregnant, what do you think happened? Does Kate have two kids?

Interesting take. My take is that Kate knew she wasn't pregnant because she was having her period. She seemed to indicate this with her eyes when talking to James about not being pregnant. I think the scene was written to bring the issue of pregnancy up in viewers' minds and, along with mentions of her son, set up the surprise that her son was none other than Aaron Littleton. There's plenty of things said in that scene that would send any woman off looking like that. Hehe.

Just out of curiosity, since you believe Kate is pregnant, what do you think happened? Does Kate have two kids?

Kate also drank some wine, and what woman who thinks they are pregnant would drink alcohol? I also think this scene showed her drinking wine to "clue" us in to her not being pregnant.

Sorry if this is a repost, but didn't have time to read the whole thread! I noticed the DA gave Kate a weird stare when the judge was talking to Kate during one of the trial scenes!? Maybe the DA does have some reason for wanting Kate to stay put? Is she somehow tied to the bad folks , freighter people, etc.? Ya never know anymore on this darn show. lol

She is pregnant. That's why it's so important for her to find out what she's going back to. Now she knows there's no point in her trying to fake her identity. That's why she was so upset at Sawye'rs reaction when he was so happy about her saying she wasn't. That's why she even gave him another chance, saying "would it really be the worst thing in the world?" And that's why after he said that it would, there was no longer any reason to stay there, as she knew she would have to raise it alone. Look at the look she gives him as she goes out the door. She's not being flighty. She's deadly serious.

So, do you think she gives birth to a different Aaron who is the twin of Claire's Aaron?

I think the DA had an additional agenda, besides trying to put Kate in prison. She needed Kate to be in a place she could be 'watched', just like Hurley (in the mental institution) and Jack (because he is somewhat 'tied' to the hospital).

It would not surprise me if the DA works for more than just the State of California, as in 'The Economist'.

And as far as Aaron, I used to think perhaps Kate had Sawyer's baby and named him in homage, but after reviewing the scene where Kate tells Sawyer she is NOT pregnant, I changed my mind. I really believe that scene was telling us that Kate's son is Claire's Aaron. Whereas most of our Losties have made their changes on island, Kate seems to have made hers post recue, thus leading to her jumping at the DA's offer for probation and staying put. She is a 'Mom' now, in every sense of the word, and Aaron appears to be her number one priority. I very much like the new Kate.

Generally when people are on probabtion, they are not permitted to leave their state of residence without written and approved permission from their Probation officer or the court. So it makes sense, at least to me, that the DA mentioned that as well. I think she wanted her to "Stay put" because, as we saw from Kate's flashbacks in earlier seasons, she has a habit of running from things.

That's a hillarious pic of your puppy! :biggrin:
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Sorry if this is a repost, but didn't have time to read the whole thread! I noticed the DA gave Kate a weird stare when the judge was talking to Kate during one of the trial scenes!? Maybe the DA does have some reason for wanting Kate to stay put? Is she somehow tied to the bad folks , freighter people, etc.? Ya never know anymore on this darn show. lol

I really think that when the DA gazed at Kate (as Kate looked towards the front of the courtroom), it was more of uh "huh! so that's Kate Austen." She was just giving her the once over, maybe even a little 'starstuck.'

It makes sense if you look at it from the writers perspective of furthering the story instead of Judicial law

Obviously, this is a boundry that is meant to be crossed----putting Kate on the run again in future episodes.

Exactly! Of course Jack is going to go back to the island and needs Kate to go....so dum dum dum dum!!

So, do you think she gives birth to a different Aaron who is the twin of Claire's Aaron?

Actually, I think she might have named her son after him...Maybe she lied to Sawyer because she's not so sure about "playing house" with him...Of course, the baby might be Claire's son too...I'm just not sure the writers will kill off a mother...

And about the whole "can't leave the state for 10 years"...I think she accepted it because "someone" (like it happened to Hurley, maybe) wants her to go back...and obviously, she doesn't. This way, she has a legal excuse (besides her child) to not search for the Island.

And about the whole "can't leave the state for 10 years"...I think she accepted it because "someone" (like it happened to Hurley, maybe) wants her to go back...and obviously, she doesn't. This way, she has a legal excuse (besides her child) to not search for the Island.
She not only agreed to stay put for 10 years. She absolutely jumped at the chance. I agree with you that it gives her a legal reason not to be able to go back to the island. For some reason (like Claire is alive there) Kate absolutely does not want to go back no matter what.

I'm not sure why she agreed to it. Surely she could have gotten a better deal. She can't leave the state for 10 years? That's ridiculous, and I have no idea why ANYONE would be willing to take those terms. Especially if they have a child - doesn't she want Aaron to be able to go on vacations and explore the country with him?

I think 10 yrs of in state probation is a great sentence for Murder, arson, fraud, assault on a police officer, etc. I hate how they didn't go to a jury decision. It would have made a lot more sense. Her Mom could have still not testified just because she felt differently after learning Kate was alive but maybe the Marshal's partner could have testified for the prosecution instead. The defense would have then called Jack who would have pulled at the heart strings of the jurycausing them to have a hung jury (prosecutor then cuts deal) or deliver a not guilty verdict. Much more effective.

As far as a hidden agenda on the DA's part, it could be a plan to keep Kate from looking for the island or trying to get back to it.

Or, because Kate's past suggests that she will try to leave California, and that would give the DA a chance to throw her in jail for the rest of her probation (10 years).

I think 10 yrs of in state probation is a great sentence for Murder, arson, fraud, assault on a police officer, etc. I hate how they didn't go to a jury decision. It would have made a lot more sense. Her Mom could have still not testified just because she felt differently after learning Kate was alive but maybe the Marshal's partner could have testified for the prosecution instead. The defense would have then called Jack who would have pulled at the heart strings of the jurycausing them to have a hung jury (prosecutor then cuts deal) or deliver a not guilty verdict. Much more effective.

This isn't a sentence for murder - the prime (only?) witness for the murder charge was refusing to testify and the prosecution didn't fancy their chances of getting a conviction without that testimony.

But mark my words: Kate. Will. Run. Again.

You're not kidding! Kate won't "stay put" for long. Although I don't think she is going to run for any other reason than to go back to the island with Jack. You know that's gotta happen. It all started there and, imo, it's all going to end there. Plus, when she does leave to go to the island with Jack, she will have broken her probation and wouldn't be able to go back anyways because she would definitely go to jail!!

Kate also drank some wine, and what woman who thinks they are pregnant would drink alcohol? I also think this scene showed her drinking wine to "clue" us in to her not being pregnant.

Earlier in this thread someone said that the bavy looked retarded. Maybe thats why he is retarded?? Thoughts?

This isn't a sentence for murder - the prime (only?) witness for the murder charge was refusing to testify and the prosecution didn't fancy their chances of getting a conviction without that testimony.

I think they had enough more on her with the other counts where she evaded police and caused the death of her childhod sweetheart would make a presumption of innocence on those charges in addition the ones she was running from.
However you spin it, she did do a lot of bad.

Earlier in this thread someone said that the bavy looked retarded. Maybe thats why he is retarded?? Thoughts?

Alcohol causes Fetal Alcohol Syndrome, which is only a lack of brain/cognitive development. It wouldn't have any effect on the baby's appearance. Down's Syndrome is caused by Trisomy 21, which is 3 #21 chromosomes (you're supposed to have 2, hence Down's syndrome babies have an extra chromosome). It's a genetic problem and wouldn't be caused by drinking alcohol.

Alcohol causes Fetal Alcohol Syndrome, which is only a lack of brain/cognitive development. It wouldn't have any effect on the baby's appearance. Down's Syndrome is caused by Trisomy 21, which is 3 #21 chromosomes (you're supposed to have 2, hence Down's syndrome babies have an extra chromosome). It's a genetic problem and wouldn't be caused by drinking alcohol.

Thanks, I was just joking, thought a little humor might be what we all need, plus a would doubt, one glass of wine would cause any retardation.

I'll admit straight up that being an attorney ALWAYS colors my point of view on television shows or movies with a "legal" aspect. And I'll also acknowledge that 99.999% of views (and, hence, writers) neither know nor care about most of the technical stuff I'm going to talk about here and I strongly suspect that the writers just wanted to move the story along regardless of technical issues.

As a prosecutor myself, I have issues with Kate being tried in a different state for the murder. At the Federal level, there is precedent for moving a trial to a different state (i.e. Timothy McVey was tried in Colorado for the Oklahoma City bombing). But not at the state level (and I am assuming that the murder was a state offense, not a federal one). Now the bank robbery could be a taken by the Feds, but I don't see how that robbery and the murder charge could be joined for trial.

I agree with the earlier poster though that the writers were more concerned about Kate's story than getting all of the "legal" details correct.

Former prosecutor here. You're absolutely right in the bank robbery charge. I'd bet my bottom dollar that's a federal crime. I would also suspect the "assault on a federal officer" charge would likely be a federal offense. The only way I can see right off the bat that all of the charges could be joined in one federal trial is if they were part of a RICO charge. But then we would need a co-conspirator, which we apparently didn't have here.

But this trial was almost surely a state trial. The seal on the wall behind the judge was the seal of the state of California. That alone, however, doesn't prove that it was a state trial because just about every federal district (trial level) courtroom I've ever been in has the seal of the state where the court sits on the wall behind the judge. What pushes it over the edge, however, is that the bailiff reading the charge and the other court security personnel were Los Angeles County Sheriff's Deputies. (Look at the patch on the right shoulder of the bailiff here: http://gallery.lost-media.com/displayimage-1379-58.html.) Federal Marshals provide security for federal courthouses. State law enforcement officers generally have no jurisdiction in federal courthouse (and it works the other way too, federal law enforcement officers generally have no jurisdiction in state courthouses).

Lost_in_DeLandFla;
I agree with most of what you say here very much.

We don't know if Aaron is her child or Claire's, but she is passing him off as her own.
I think we DO know it's Claire's baby Aaron, but she is saying it is her own.

She will not let her attorney use him, makes sure he does not hear about the trial..

I took this a little differently. If she did bring him into the trial, it would open the door legally for dna tests to see if Aaron is really hers or not. she would certainly have a hard time explaining that, and blow the 'cover story'. Same for not wanting her Mom to see him; she may see right away that the baby is not Kate's...Mom's can do that, right?

10 years without being able to leave the state--because it gives her a good reason NOT to go back to the island.
I agree with this..the perfect excuse for not going back to Lostia. I will guess that Claire gives Kate her baby as a dying wish type of request. "Don't let the dingos eat meee Baaaabieee!!"

I notice she seemed to have a very nice house and lots of expensive stuff. No doubt provided by the same shadowy people in the interests of giving her less reason to disappear.

Remember that Sayid mentions the big settlement from Oceanic for all the O-6. I think it's clear her 'stuff' was paid for by this windfall. And actually, part of the deal for keeping the 'cover story' Jack said going. I bet it's for 3.2 million $ each?

I don't see how just bringing Aaron to the courtroom would subject him to DNA testing. I'll agree that I don't know what Kate's defense to the charges was. But she would have had to have been asserting that Aaron is her biological child as a defense to put his parentage at issue in such a manner that DNA testing would have been considered by the court. Otherwise his parentage would have been totally irrelevant to the proceedings in that courtroom and would have been excluded under the rules of evidence.

I think her attorney wanted Aaron in the courtroom to play on the sympathy of the jury and media. Apparently Aaron is a celebrity too and appearing in public with him reiterates the fact that Kate's a mom and some defense lawyers think that juries have harder times sending moms to prison.

I believe that not being allowed to leave the state without special permission is common for probation... or am I thinking of parole? Anyway, she certainly had a history of running, it would seem like a reasonable addition to the probation terms if it wasn't standard.

It was a Federal Agent who was after her, and her crimes ranged across a number of states, so I assumed she was tried in federal charges, and didn't find it odd that she was tried in CA.

In general, the Federal Rules of Criminal Procedure require that a charge be tried in the district where it was committed. I really don't think California had enough of a connection to all of those charges to be the setting for a federal criminal trial. But, again, just technical legal stuff that the vast majority of the audience doesn't care about, I agree.

I think the DA had an additional agenda, besides trying to put Kate in prison. She needed Kate to be in a place she could be 'watched', just like Hurley (in the mental institution) and Jack (because he is somewhat 'tied' to the hospital).

It would not surprise me if the DA works for more than just the State of California, as in 'The Economist'.

Well, maybe, but I don't know. I mean, the prosecutor might just have been worrying about her conviction rate and a guilty plea counts. Yeah, this is Lost, but the more boring rationale is that the prosecutor wanted her numbers to look good for her bosses with at least one conviction from this famous Oceanic 6 person.

I think 10 yrs of in state probation is a great sentence for Murder, arson, fraud, assault on a police officer, etc. I hate how they didn't go to a jury decision. It would have made a lot more sense. Her Mom could have still not testified just because she felt differently after learning Kate was alive but maybe the Marshal's partner could have testified for the prosecution instead. The defense would have then called Jack who would have pulled at the heart strings of the jurycausing them to have a hung jury (prosecutor then cuts deal) or deliver a not guilty verdict. Much more effective.

You are so right about the 10 years probation being a great deal. Based just on what we saw, I thought initially that a deal that would have had the murder charge dropped and had her in custody for about 15 years would have been a win for her.

I like your thought about going to the jury on the one hand. But the attorney and client have to have a massive set of cojones to actually take it that far. As I understand California law (and I don't practice in California, so I don't really understand California law) two of the things that make a murder defendant eligible for the death penalty are: 1) killing someone using explosives; and 2) laying in wait to kill someone. Those are at least arguable enhancements in Kate's case. So literally putting your life in a jury's hands? Whew, I don't think that's something I would be willing to do, but who knows?

This isn't a sentence for murder - the prime (only?) witness for the murder charge was refusing to testify and the prosecution didn't fancy their chances of getting a conviction without that testimony.

Maybe, but again being hypertechnical when I look at the photo I linked to above there are 11 really big binders at the front of the judge's bench. For the life of me they look like trial notebooks. (Binders containing exhibits, witness lists, motions, research, jury charges etc. Essentially everything you'll need during the trial.) And though I've never been involved in a capital trial or a trial where there are so many charges being tried at one, 11 trial notebooks doesn't seem like too much or too few. So, if there is that much "stuff" attached to this trial no one charge could hinge solely on the testimony of one witness. Kate's mom's testimony was probably very important but the trial (in real, not TV/movie, life) very likely would have gone on. Or she could have been compelled by the court to testify, but, geez, who wants to beat up on a sick woman in a wheelchair? Not me.

Sorry for this rant. Hope it wasn't too boring.

Thanks, I was just joking, thought a little humor might be what we all need, plus a would doubt, one glass of wine would cause any retardation.

Respectfully, I will say you would be wrong. There is no amount of alcohol that is safe during pregnancy.

Also, I wish people would quit saying the little boy looked retarded. He looked normal to me, and imagine how you would feel if you were his parents and there is nothing going on with him.

Sorry for this rant. Hope it wasn't too boring.
On the contrary, it was fascinating (to me, anyway).

While I would like to believe that Kate has her act together in the future and wanted to just settle down with Aaron and take care of him....I believe that there is a possiblity that because she is who she is *one of the six* that her staying put might also land her in the realm of protection from the real Dharma. She's under the eye of the govt that way...Call it witness protection out in the open, sorta....

On the contrary, it was fascinating (to me, anyway).

I enjoyed reading it as well. Thank you craw_daddy for taking the time to post that.

The whole trial was very poorly done, but IMO, Kate's leap at the offer had nothing to do with her having to stay in state for 10 years, but at the whole NO JAIL TIME thing.

If you robbed a bank, were responsible for at least 2 deaths, left the country to avoid prosecution, assaulted a federal officer, among other charges there's no way you would not take a deal that involved no jail time.

Also, I wish people would quit saying the little boy looked retarded. He looked normal to me, and imagine how you would feel if you were his parents and there is nothing going on with him.

Maybe it will convince them to take him out of show business so he can grow up to be a normal person.;) Anyway I say my own children look retarded all the time. :biggrin:

On the contrary, it was fascinating (to me, anyway).

I enjoyed reading it as well. Thank you craw_daddy for taking the time to post that.

I'm glad the two of you enjoyed it. That either shows that you're both intelligent, thoughful, analytical people or there's something terribly, fundamentally, wrong with you. :biggrin:

And just so you know, an attorney's life is just as glamorous as what you see on TV/movies. That's why I'm sitting at my desk finishing a cold lunch at 2:20 p.m. surfing the 'Lage and totally ignoring the 3 p.m. conference call I just found out about some 30 minutes ago. Oh, well, you gotta have at least 15 minutes a day to yourself, right? :confused:

In regards to Kate running again, wasn't one of the new locations that Oceanic Airlines was going to fly to Aimes, Iowa???

I seem to recall that in another thread someone had mentioned that to be odd, since Iowa is in the middle of the US, or a large land mass and not around an ocean.

If this were to be true, then that may be a clue that Kate will return back to Iowa and possibly board an Oceanic flight to get back to the Island...

It seems like there were some merged threads here, but I wanted to specifically comment on the Prosecutors attitude. Just like the Marshall, the Prosecutor seemed to be taking everything very personally - she seems very personally invested in Kate as a person, not just some criminal seen day after day, as most in law enforcement and judicial matters would (cold, indifferent, letter of law)

I always wondered and was bothered by how personally offended and vendetta like the Marshall was with Kate. We still don't have the entire story of Kate, neither before nor after killing her father. I'll admit that Kate has her issues, but I do not hate her as some viewers seem to and feel that TPTB went out of their way to show Kate as a generally good person in a bad situation that made some very poor judgments that resulted in others getting hurt - I don't recall seeing her consciously trying to hurt anyone, except her drunken, wife beating, possibly child molesting father - now I don't condone killing him or anyone, but can see how something like that could happen and do not equate it the same as randomly killing a total stranger for no reason. We were led to believe that the other things that happened after that were subsequent to that single act, and wouldn't have happened otherwise. She has done some shadier things on the island, but she has also continuously put herself in harms way to try to help the survivors against the Others. She has conflicting feelings for two men and has gone back and forth between them, hard to watch sometimes, but not so different from many folks in real life. She has tried to take care of her people in her community, she went back for Jack, she has shown redeemable qualities.

All that to say - why did the Marshall seem to actually hate her, seem emotional about her? At least he tracked her all over the world, maybe it did grow personal for some reason for him, but the Prosecutor - she also seems to hate Kate, wants to hurt her, revels in the idea that she has punished her by making her stay put (like she knows her so well and what makes her tick) when she doesn't for what we have seen.

I just find it really odd and therefore have to conclude that there is something personal they haven't shown us, there is some hidden agenda we haven't seen or the writers really think most law enforcement and judicial folk, really have the time and inclination to care and take personally all murder cases, which I find far from reality. Why would the Marshall and the Prosecutor hate Kate? Hate is a passionate emotion. They don't know this woman. It doesn't add up...and its driving me crazy (and sadly I have so much else I really should be doing right now but can't let go of this to focus)

Thoughts?