Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘petit jury’

… 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 Prosecution Has a Problem [#Michael Brown Case]…

Posted by paulfromwloh on Monday,March 9th,2015

.. one is conflicting testimony . That is always a headache . you almost always have a war between the witnessessess for the prosecution and the witnesses for the defense …

.. what is their perspective ?? whom do you believe ?!?1 …

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

.. the big problem for the prosecution is going to be the forensics . Michael Brown provoked the confrontation , that is clear . He was the aggressor , and attacked Ptl Darren Wilson in his cruiser . He even tried to take his gun , and fired it , as well …

.. Ptl. Wilson was seriously injured , and felt that his life was threatened . The big question will be is the use of force excessive , given that the officer was injured , and was seriously challenged for his weapon ….

.. that will not be an easy question for the grand jury to answer . I can see them indicting Darren Wilson , and for the use of excessive force . But , I realistically cannot see a (petit) trial jury convicting him of the charges . The situation is too amorphous , and Brown was clearly provoking the situation ….

— update — the Department of InJustice has effectively cleared Darren Wilson . In fact , he  was effectively exonerated . Now , the question is …

.. where does he go to get his reputation back ?!?!…

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… the Department of InJustice cannot sustain a Case [#Michael Brown]…

Posted by paulfromwloh on Saturday,December 20th,2014

.. god knows , AG Holder & his krewe are looking for an excuse for bringing civil rights charges against Ferguson , Mo police officer Darren Wilson . They would dearly love to do it ….

.. However , there has to be sound legal ground to do it . The local D.A. would have to totally butcher and botch the investigation . That is highly unlikely . Also , the state of Missouri would have to ” drop the ball . ” Also , highly unlikely . So , there will not be a pretext for federal intervention …

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

.. however , a determination not to prosecute by the local county D.A. is not a legit pretext for federal intervention . The D.A. is not stupid . He is going to present the case to a diverse panel of a grand jury . Then , that panel will take a vote . That vote [a ” true bill ” (or indictment) , or a ” no true bill ” (no indictment)] will be it ….

.. An indictment means a trial . But , there could be a plea . Also , the ” no true bill ” should mean the end of it . It should , but given the charged climate that is St. Louis County , that is highly unlikely . Maybe the AG could give the locals a lesson in how the justice system really works …

.. One can always have hope . In this Administration ‘ s Department of InJustice , I doubt it …

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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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… Earth to POTUS [#UN speech]…

Posted by paulfromwloh on Tuesday,September 30th,2014

.. the proceedings in Ferguson , Mo and St. Louis County are still before the grand jury , genius ….

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

.. give the grand jury a chance to do its work , for God ‘ s sake . If there is an indictment , then give whoever is indicted their day in court ….

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… It is Far More Important , Megan ! [investigating Ferguson case]…

Posted by paulfromwloh on Friday,September 12th,2014

..what happened in Ferguson , Mo , is a common , relatively ordinary police shooting ….

.. it is , most likely , NOT a federal case …

.. from most of the facts in , Micheal Brown provoked the attack on police officer Darren Wilson of the Ferguson PD . Brown and his ” friend ” were insolent and insulting , and then turned on and attacked Officer Wilson . So far , from the evidence , that is what I believe precipitated the shooting …

.. [h/t — theRightScoop.com]..
.. [link] to the interview segment …

.. anyone who attacks a police officer , either with a head butt or with a punch is asking to be shot at . The cop is injured . The perp starts to flee , and then turns , and charges at the officer . That is a prescription for getting your butt shot at multiple times …

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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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… There is the Possibility for Witness Tampering [#bergdahl]…

Posted by paulfromwloh on Tuesday,June 10th,2014

.. I do agree , there is some possibility for witness tampering in the Bergdahl case …

.. that presumes that the ObamaCraps have someone who is in the know on the inside of the investigation . That will not be easy . With this White House , they will have every incentive to try to meddle . They have already totally botched the handling of this case as it is . So , there is motive ..

.. however , I do believe in the professionalism of JAG Corps . Especially in the JAG HQ . That is an honor posting . No , you are not generally going to find any ” Harmon Rabb ” types in the military services . That kind of colourful personality just would not be tolerated . A little bit of a personality , well , yes …

.. [h/t — NiceDeb]..
.. [link] to the show segment …

.. in the military services , there are offenses that in a civilian would be moral offenses . In the military [under the U.C.M.J. , or Uniform Code of Military Justice] these offenses would be considered crimes , punishable by many different types of punishment , including dismissal from the service , as well as confinement [jail] , and others ….

.. in this case , the one that Dr. Krauthammer is worried about would be considered ” Unlawful Command Influence . ” If it is a civilian that does it , then the military judge has to consider whether the rights of the accused have been violated . If it is someone in uniform , especially an officer , then , it is a crime , and the same judgement would have to be made .

..Even if Bergdahl is guilty as sin , if his rights are violated by anyone , then he could well be set free as a result . What might have been done would have been considered to be prosecutorial misconduct . Then , double jeopardy atttaches , Bye – bye case ..

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