Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘indictment’

… the Tamir Rice case [#why the Grand Jury decision]…

Posted by paulfromwloh on Tuesday,December 13th,2016

.. grand juries hear evidence in a case . It can be an investigation , or it can be as the result of a criminal act ..

.. most often , a grand jury then takes a vote . It takes a vote on a ” bill ” which contains the potential charge against someone ..

.. if it votes for a ” true bill , ” then the person named in the charge sheet is charged , or , more formally , indicted . If the grand jury votes for a ” no true bill , ‘ or fails to gain the requisite vote for a ” true bill , ” then the person named in the charge sheet is cleared in the case . No further action can be taken against them . Also , constitutional ” double jeopardy ” attaches …

.. [h/t — news.yahoo.com]..
.. [link] to the news story ..

.. in this case , this was not done . The grand jury evidently voted on whether the actions of the police officers [both of them] were legally justifiable . Their decision was now obvious — the actions were justifiable . As a result , no vote on a ” bill ” was needed ..

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… the Brelo Case [#the verdict]…

Posted by paulfromwloh on Sunday,June 19th,2016

.. Officer Michael Brelo was found not guilty of voluntary manslaughter in the deaths of two Greater Clevelanders the other day ..

.. [h/t — Twitchy.com]..
.. [link] to the tweets / blog post ..

.. this case resulted from a police chase that started in downtown Cleveland . Two perpetrators took off in their car , and one hell of a lot of cops [more than a dozen] took off after them . They were chased eastward , towards the suburbs of East Cleveland and Euclid , and they were finally stopped by stop sticks …

.. what happened next is what has caused such an uproar . The police officers opened fire on the couple ,for whatever reasons I do not know . That couple was unarmed . Officer Brelo jumped up on the couple ‘ s car , and continued to fire at them . Both of them [the couple] died as a result of the altercation …

Posted in body of law, judgement (law enforcement), judgement (moral), personal opinion | Tagged: , , , , , , , , , , | Leave a Comment »

… Oh , Now She wants a Gag Order [#Baltimore cop prosecutions]…

Posted by paulfromwloh on Thursday,May 12th,2016

.. Baltimore County prosecutor Marilyn Mosby has been enjoying her time in the limelight …

.. but now things are different ..

.. she wants to crack down on the principals in the case …. even the defence ..

.. [h/t — Twitchy.com]..
.. [link] to the tweets // blog post ..

.. it seems that she wants a gag order on all of the principals …. in order to shut them all up ….

.. gee , anyone for a John Doe lw in Maryland , their Maryland …

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… The Rule of the Mob [#Ferguson , Mo]…

Posted by paulfromwloh on Friday,March 18th,2016

.. might it only be the beginning ?? ..

.. given the actions of a few , it is an excellent question ..

.. [h/t — m.NationalReview.com]..
.. [link] to the blog news …

.. these people are behaving like animals . Instead of allowing the justice system to work , they want to enact their own form of justice …

.. they actually want to lynch Darren Wilson …. how sick is that ! …

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… the Tamir Rice case [#the grand jury]…

Posted by paulfromwloh on Thursday,November 12th,2015

.. well , people were surprised . So was I . Well , I should not have been surprised ..

.. there has been a grand jury convened in the Tamir Rice case . Believe it or not , it has been hearing evidence for months ..

.. [h/t — Essence.com]..
.. [link] to the blog post …

.. it does not mean , though , that charges will be sought in the case . A decision to seek charges in the case is one that is made by the County Prosecutor . It can be done in either one of two ways . One , the Prosecutor can make the gutsy call and make the decision entirely by himself or herself . Two , the prosecutor can ask for an indictment from the grand jury . Then the jurors vote on various bill of possible indictment , and thus make their decision . they can either vote a ” true bill , ” thus indicting the person involved , or vote a ” no true bill , ” thus clearing the person …

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… The N.F.L. has a problem with the Ray Rice issue [#suspension]…

Posted by paulfromwloh on Monday,November 3rd,2014

.. but , it is not what everyone thinks …

.. the N.F.L. has a constitutional problem regarding the rights of a player , to wit , that being those of Ray Rice …

.. yes , Rice clearly deserved to be suspended and for far more than 2 games . But , those were not the rules in effect at the time …

.. [h/t — TMZ Sports.com]..

.. [link] to the attack video …

.. the rules of the C.B.A. [the collective bargaining agreement] generally act to protect the rights of the players . Legally , as well as constitutionally . So , if there is a provision of the CBA that is in contravention of ” public policy , ” then it is illegal , and has no legal effect . Ditto with constitutional rights …

.. it is encumbent on players to be honest with their teams and the league . No matter how embarrassing the incident . Provisions of the CBA (especially the NFL’s) penalize people (even owners , such as Indy ‘ s Jim Irsay) who violate policies of conduct . That most definitely includes lying to your team , your coaches , and most of all , the league as a whole …

… What I understand here is this …. Ray Rice apparantly told the truth to his team [the Baltimore Ugh – Ravens] and the NFL . He can omit even a little , as long as long as it is not material . That would then be a lie of omission …

.. It is clearly evident from the first videotape that Rice ” clocked ” Janay Palmer . That is very easy to see , and to assume . She walked up to the elevator , and in with him . He then dragged her out by her shoulders and hair . It does not take a rocket scientist to figure out what happened …

.. then , when disciplined by the league , Rice told the truth , as best as I can tell . He punched . Oh boy , did he ever . He was then punished , according to the rules at the time [a 2 – game suspension] . The reaction to that action has been a honey …

.. Now , he has been punished again , for the second video . Baltimore is well withing its rights to release Rice . That is a part of the business of football . Rice became ” radioactive . ” But , the league errered …

.. more to come …

— [update] — Rice has appealed his added suspension to an independent arbitrator . Goodell has been ordered by that arbitrator to appear at the hearing . I think that his added suspension is going to be overturned …

.. also , Rice is too radioactive to be picked up for this season . Once his added suspension is thrown out [as  I expect] , then the league will  likely settle with rice for the balance of his contract . It is the league , not the ugh – Ravens who royally scrwewed up . Sometime next year , someone [another N.F.L. team] will take a chance on him …..

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… Megyn Kelly is Right ! [#blasting Mo. Governor Nixon]…

Posted by paulfromwloh on Wednesday,August 27th,2014

.. she is spot – on right …

.. [h/t — m.NationalReview.com]..
.. [link] to the show segment …

.. she made the point that Missouri Governor Jay Nixon was extraordinary and highly irresponsible in making the comments that he did in urging a ” vigorous prosecution . ” …

.. A grand jury investigates , first , what happened . Then , once one is fairly sure that they have presented a sufficient case , then the prosecutor asks the grand jury to hand up an indictment , or not . They may not . They can vote a ” True Bill ” [an indictment] on the proposed charges , or ” no True Bill , ” thus clearing an individual …

.. that is something that many people do not understand . They understand the trial court process . But , they do not understand the grand jury process , or what it is supposed to do , or achieve …

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… Tom Delay : Cleared !! [Excellent !] …

Posted by paulfromwloh on Saturday,September 21st,2013

.. Tom Delay got the relief that he was seeking from Texas . The 3rd Circuit Texas Court of Appeals body – slammed the prosecution of Delay in its opinion …

LEC here — Appeals Courts and Supreme Courts generally do not enter in and order acquitals . When they do so , it is a very , very big thing …

.. Their usual modus operandi is to overturn the conviction . The basis that they use to overturn the conviction is then evaluated

Tom Delay

Tom Delay (Photo credit: Wikipedia)

by the relevent prosecutor ‘ s office . It is that office that then makes the decision on whether or not to retry an offender . When a court takes that decision away , it means to me that the prosecutor and his or her office has really , really screwed up . The court has to act to step in to guarantee that the prosecutor does not go off on another fishing expedition in a criminal prosecution …

[h/t — hotair.com]
Appeals court overturns DeLay conviction, acquits him

posted at 12:01 pm on September 19, 2013 by Ed Morrissey

For the second time in the last few years, a high-profile corruption prosecution against a Republican member of Congress has collapsed. This time, it’s Tom DeLay that gets to celebrate, as an appeals court not only overturned his conviction but ordered an acquittal:

A Texas appeals court has overturned the money laundering conviction of former U.S. House Majority Leader Tom DeLay.

The Texas 3rd Court of Appeals said in a 2-1 ruling on Thursday that DeLay had been acquitted. DeLay was sentenced to three years in prison, but his sentence was on hold while his case made its way through the appellate process. …

In Thursday’s tom-delay-appeal-doc, the judges wrote “we reverse the judgments of the trial court and render judgments of acquittal.”

Unless the state appeals the ruling, this means that DeLay cannot be retried on the charges. The court could have ordered a new trial if it restrained its scope to just procedural issues. However, the court apparently believed that the prosecution simply couldn’t make a case for wrongdoing, and as a result took the relatively rare step of overturning a jury’s findings on guilt.

Their opinion makes it clear that the court had little regard for the state’s case:

Given the testimony of the corporate representatives and the undisputed facts that the corporations could lawfully make donations to TRMPAC and TRMPAC could lawfully transfer the corporate funds out of state, the State failed to prove the “applicable culpable mental states” for the donating corporations to support a finding of criminal intent by the corporations. See Ex parte Ellis, 309 S.W.3d at 90. 1

To support its position that the majority of corporate contributions violated the Election Code by not expressly designating a lawful use of their donations to TRMPAC, the State focuses on the following clause from the opinion in Ex parte Ellis: “there is no such thing as a legal undesignated corporate political contribution.” Id. at 88. We believe that the State takes this clause out of context. In that case, the court was addressing constitutional challenges to the Election Code. The clause cited by the State was made during the court’s examination of section 253.100, the section of the Election Code addressing the establishment of a general-purpose committee by a corporation and in response to a possible suggestion made by this Court. …

The State’s primary argument at trial was that the Election Code violation that generated criminal proceeds was the “agreement” between DeLay and others to the combined transfers of funds, i.e., the money swap of soft money for hard money. The State argued in its final argument: “[T]he moment that the decision was made to send the soft dollar check up to Washington D.C. with the intent that it ultimately go to candidates for elective office is the moment that this money became proceeds of criminal activity.” Relying on the use of the word “indirect” 13 in the Election and Penal Code statutes at issue, the State argues that the “agreement” to the combined transactions itself was an illegal contribution and thus the corporate funds sitting in TRMPAC’s bank account at the moment of the agreement became the proceeds of criminal activity. See Tex. Elec. Code § 251.001(2) (defining “contribution” to include “indirect transfer of money” and “agreement . . . to make a transfer”). However, the State fails to explain how the funds already in the bank account resulted from the subsequent money-swap agreement. See Tex. Penal Code § 34.01(4) (defining “proceeds” to include “funds acquired or derived directly or indirectly from, produced through, or realized through . . . an act”). Further, to support this argument, the State disregards the distinction between soft and hard money accounts as irrelevant, arguing: “The fact that the funds were not commingled is simply irrelevant in light of the explicit one-for-one exchange which was negotiated in this case.” But in the context of the campaign finance regulations, maintaining separate, segregated bank accounts for soft and hard money is recognized and accepted as legitimate.

The court also attacked the core of the case, the alleged conspiracy to violate election law, emphasis mine:

We also question the validity of the State’s “agreement” theory. It was not a crime to conspire to violate the Election Code in 2002. See Colyandro, 233 S.W.3d at 870–71, 885. And, even if it was, the evidence does not support a finding that there was an “agreement” to illegally transfer corporate money to Texas candidates. There was no evidence that TRMPAC or RNSEC treated the corporate funds as anything but what they were, corporate funds with limited uses under campaign finance law. Rather, when viewed in the light most favorable to the verdict, the evidence showed an agreement to two legal monetary transfers: that TRMPAC transfer corporate money to RNSEC for use in other states and not in Texas in exchange for RNSEC transferring funds to Texas candidates out of a hard money account. Rather than supporting an agreement to violate the Election Code, the evidence shows that the defendants were attempting to comply with the Election Code limitations on corporate contributions.

But even if that were true, the court ruled, there was no core crime to begin with:

Finally, even if we were to conclude that the corporate donations to TRMPAC or the agreement itself to the series of money transfers violated the Election Code, the State’s charges as stated in the indictment were tied to the transfer from RNSEC to the seven Texas candidates. As stated above, the RNSEC issued the checks to the candidates from a separate, segregated account—a hard money account—which did not include corporate money.

The conclusion? DeLay didn’t commit a crime at all, and the conviction resulted from poor jury instructions:

Based on the totality of the evidence, we conclude that the evidence presented does not support a conclusion that DeLay committed the crimes that were charged. See Williams,235 S.W.3d at 750; see also United States v. Grossman, 117 F.3d 255, 261 (5th Cir. 1997) (concluding that evidence legallyinsufficient to sustain conspiracycount where evidence was legally insufficient to sustain substantive counts forming basis for object of conspiracy); United States 21v. Mackay, 33 F.3d 489, 494 (5th Cir. 1994) (“A conspiracy conviction requires proof of an agreement to commit a crime.”). The fundamental problem with the State’s case was its failure to prove proceeds of criminal activity. We sustain DeLay’s first and second points of error.

Due to our resolution of these two grounds, we do not reach DeLay’s remaining points of error. Because we conclude that the evidence was legally insufficient to support DeLay’s convictions, we reverse the judgments of the trial court and render judgments of acquittal.

=======================================================================================================

Quite frankly, that deconstruction is so complete that it would be difficult to imagine the Texas Supreme Court overturning any of it — and a successful appeal would have to hope that the court overturns all of it, or at least enough to get a new trial. I’d predict that the directed verdict of acquittal will send a strong enough message to dissuade prosecutors from trying it again.

DeLay joins the late Ted Stevens as two members of Congress recently prosecuted for corruption to be later vindicated in appeals to original convictions. William Jefferson, who was prosecuted in the same time frame, lost all of his appeals and will be in prison for at least the next ten years. The man who should be under scrutiny now is Ronnie Earle, whose years-long legal grudge match against DeLay and other Texas Republicans has been thoroughly discredited by the appellate court.

.. LEC here again — I do not know what has become of Ronnie Earle . If  he is smart , he should have left the state of Texas . If he has not , he should prepare to get his sorry rear end dragged into court . Except , this time , he will be in the dock . His law license will be at stake  …

.. for those idiots in the media . It was not just a reversal of the conviction . There was never a crime to begin with , you morons . Read the above , and the legal opinion in the case . Delay was adjudged not guilty , so he cannot be tried again in a court of law again . Ronnie Earle can , however , for misconduct in office , among other charges , and also for violation of Delay ‘ s civil rights . It would be interesting if a U.S. Attorney would take up the case , once a complaint were filed . You can bet the U.S. Department of InJustice will not handle the case . But , they just might pressure any U.S. Atty to not handle the case . Holder and his minions are certainly capable of that …

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… Found a Dandy [Judge Jeanine Pirro] …

Posted by paulfromwloh on Monday,July 29th,2013

.. I try to watch Justice with Judge Jeanine Pirro whenever I can . However , I have been quite busy the last few weeks .

.. I went back , and took the time to review some of her best and most recent stuff . This one golden nugget I came across is from the post – trial reaction to the George Zimmerman trial . She comes out with both “six shooters” blazing . The YouTube versions are good , but not always dependable , unless one is familiar with the poster . So , I try to go with the real McCoy . The link to her post – Zimmerman trial commentary is not that long , and is worth the time , and is [here]

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… Thanks , Y ‘ All … [on George Zimmerman]

Posted by paulfromwloh on Tuesday,July 9th,2013

… to the conservative media , Ace of Spades , the Jawa Report , and , of course , the Other McCain ..

.. without your efforts , I believe George Zimmerman would have been railroaded into Florida State Prison . He would have been convicted on 2nd degree murder charges .

.. Given where the case stands , right now , no way in hell … manslaughter , possible , but not likely … the way the case has been presented , it is likely , I think , that he will be found not guilty of the lesser – included offence of manslaughter , as well …

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