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Legal Points S3 FInale (SPOILERS)


Some legal thoughts about Barry's prosecution. What evidence do they have to charge him with anything?

1. What links him to any of the murders? No DNA or fingerprints, no weapons, videos, or eyewitness testimony. That Chechen pin only had Fuches's fingerprints.

2. Gene's only clue came from the whispered accusation of a non-witness, Fuches. Fuches had a motive to lie, too.

3. Fuches may decide to testify for leniency, but that would put his allegations into question. Plus, even if he admits sending Barry to kill anyone, how does he know Barry did the job?

4. I'm not sure Hank saw any murders, maybe of his men? But will he be a reliable witness, if he testifies at all? He has reason to stay in Bolivia, so no one may even know of him. (Yes, I'm sure he'll be back, though. He was one of the most popular characters, PLUS he's one of the obligatory homosexual characters.)

5. Sally only saw the killing SHE perpetrated. Even if she takes Barry's advice and "forgets" she was even there, how could she testify he did it? Given her personality, she'd be easily broken down to admit she did it. Just give her five minutes with Jim Moss.

6. Speaking of Moss, he has no evidence, just whatever he wormed out of Fuches. He could be easily portrayed as just another PTSD-ridden Vietnam POW with delusions of super mental powers.

7. The last scene was entrapment. He might be charged with a lesser crime, such as attempted murder, but he was obviously unstable and thus easily pushed into it by Gene. "Acting!" "Genius!" "Thank-you!" "Master Thespian" lives!

8. The scarred FBI guy Barry saved in Afgh, I forget his name, won't talk. But he's a short fuse if Barry goes back to work.

9. The police, especially that hilarious Chief, have nothing. They still think it's all about "The Raven."

Have I missed anything?

I only hope we don't get the "Was it a dream" escape clause. Given the quality of the show up 'til now, I doubt they'll try that... even though "Barry" is a riff off the "Sopranos" story-line of Christopher's tilt at Hollywood. I don't mind the dark turn. The comedy was good, but I like a story that evolves.

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They don't have proof of anything other than him breaking in and pointing a gun. The rest is one man's word against another man's. And Fuches has suddenly adopted "The Raven" persona once in prison, so... Also, if the Feds want his help to go after the Chechens or Bolivians, he could cut a deal. There are some options to exploit here.

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The more obvious.

Barry can be charged with Assault with a dangerous weapon by pointing the gun. He can also be charged with Breaking and Entering and Possession of a Firearm without a License. I doubt he had it.

Less obvious, but still strong.

Barry could get charged with Kidnapping and Threatening to murder Cousineau and his family. Barry could be convicted with just his testimony.

Weaker.

Janice Moss’s murder. Literally no one witnessed the murder. The only evidence they have is against Fuches. You could have Cousineau and Fuches testify to Barry admitting to the murder. However, Fuches prints in the car could be enough for there to be reasonable doubt.


That’s as far as I see his cases going.

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Yeah. Not much there as far as serious prison time.

Maybe he'll get Jimmy McGill as a cellie!

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