Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Prosecutor’

… Prosecutorial Discretion is [#what is it]…

Posted by paulfromwloh on Saturday,December 31st,2016

.. what is it ? ..

.. well , it is the act of making choices ..

.. what POTUS is doing is not prosecutorial discretion . It is a blatant , illegal , and lawless powergrab …

.. what prosecutorial discretion is is the willingness to enforce the body of law . It means the ability and choice to do so as a whole , not in pieces …

.. it means setting priorities , but it still means doing your duty . Obama and his cronies are doing no such thing …

.. what POTUS is doing is what I would define as the most certain ” impeachable offense … “

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Posted in body of law, legal info, legal question, moral question, personal opinion | Tagged: , , , , , , , , , | Leave a Comment »

… 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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… People got an Education [#the Grand Jury]…

Posted by paulfromwloh on Sunday,August 23rd,2015

.. well , people will understand that a grand jury is important ..

.. it is an important part of our criminal justice system …

.. grand juries date back to the beginning of our republic , and even further than that . They are a valuable check on the power of the state ..

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

.. the power of the state to indict is an awesome power . It is one that is supposed to be used wisely , and not without reason or judgement . in this case , police officer Darren Wilson was held up to the harsh light of the grand jury and its judgement ..

.. he passed , and he was not indicted …

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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 …..

Posted in legal opinion, legal question, personal opinion | Tagged: , , , , , , , , , , , , , , , , , , , | Leave a Comment »

… #freeKate is #deadMeat …

Posted by paulfromwloh on Tuesday,August 20th,2013

… once you pick up this piece from viralread.com , written by Rob McCain , and then you will understand that Katelyn Hunt is definitely going to jail . She will have company . More than likely , her mother will be there , with her , in almost as much trouble as she is …

Prosecutors Withdraw Plea Deal for Accused Lesbian Sex Offender

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A plea bargain offered to accused sex offender Kaitlyn Hunt has been withdrawn after Florida prosecutors say the teenage lesbian violated a judge’s order not to have contact with her underage victim. WPEC-TV reported that Hunt could be arrested today, and that the 19-year-old former cheerleader’s mother Kelley Hunt Smith may also face charges in connection with the case.

Hunt was a senior at Sebastian River High School when she was arrested in February on charges that she had sex with a 14-year-old freshman girl who was a basketball teammate. Hunt was charged with two felonies; the age of consent in Florida is 16. Last week, state attorney Bruce Colton‘s office filed a complaint that Hunt, who has been free on $5,000 bond awaiting trial, violated the no-contact order that was a condition of her pretrial release.

Prosecutors say Kaitlyn Hunt, 19, violated bond by continuing 'intimate contact' with victim.

Prosecutors say Kaitlyn Hunt, 19, violated bond by continuing ‘intimate contact’ with victim.

According to a stunning 4-page petition Colton’s office filed with Circuit Court Judge Robert Pegg, Hunt sent more than 20,000 text messages to the younger girl after the no-contact order was issued, and also sent the victim “lewd” photos and an explicit video of herself  “masturbating by rubbing her vagina with her fingers while moaning.” Hunt also arranged secret meetings for “intimate contact” with the younger girl, now 15, prosecutors allege, and say that these violations of the no-contact order continued as recently as two weeks ago. In addition, the prosecution petition quoted messages from both Hunt and her mother urging the victim to conceal their ongoing communication.

CLICK HERE TO READ THE FULL DOCUMENT

A hearing on the prosecutor’s complaint has been scheduled for Tuesday, but Scott T. Smith of Palm Beach CBS affiliate WPEC-TV reported Monday “Hunt faces being returned to jail as soon as today, and her mom may also face charges.” A plea bargain offered to Hunt last month has now been withdrawn, ABC affiliate WPBF-TV reports:

The state recently offered Hunt a second plea deal that would have kept her out of jail and not required her to register as a sex offender. But that was before the new information came to light, and prosecutors pulled the offer Monday morning.

Violating the no-contact order could mean that not only will Hunt have to wait in jail until her case goes to trial, but she and her mother could also face charges of contempt of court and obstruction of justice.

Teenage lesbian Kaitlyn Hunt was a popular cheerleader in Florida.

Teenage lesbian Kaitlyn Hunt was a popular cheerleader in Florida.

The Palm Beach Post reports that “with no plea deal being offered Hunt is facing felony charges, jail time, and could become a registered sex offender if convicted. A judge could order her arrest at any moment, but attorneys say it is highly unlikely she would be arrested before her hearing Tuesday afternoon.”

The Hunt case gained nationwide media attention in May, when Hunt rejected the first plea bargain offered by prosecutors. More than 300,000 people signed an online petition urging that the charges against her be dropped, after her parents claimed that Hunt was the victim of anti-gay discrimination. In a Facebook post, Hunt’s mother defended Kaitlyn’s involvement with a 14-year-old, saying the girls were “experimenting with their sexuality … They are teens, it’s healthy and normal.” In that May 17 Facebook post, Kaitlyn Hunt’s mother named the parents of the younger girl nine times, denouncing them as “bigoted, religious [zealots] … full of hate and bigotry” for opposing their daughter’s involvement with Kaitlyn, who was then 18.

Accused sex offender Kaitlyn Hunt is comforted by her father at a May press conference.

Accused sex offender Kaitlyn Hunt is comforted by her father at a May press conference.

According to an Indian River County Sheriff’s Office affidavit in the case, Hunt began having sex with the victim in December: “The first time occurred in the bathroom of the W wing at Sebastian High School. [The 14-year-old] stated that they sent text messages to each other to meet in the bathroom. [The 14-year-old] and Kaitlyn went into a bathroom stall and started kissing. Kaitlyn then took [the 14-year-old’s] pants off and put her finger inside of [the 14-year-old’s] vagina.” According to the affidavit by Detective Jeremy Shepherd, on Jan. 4, the 14-year-old ran away and spent the night at Hunt’s house, where the two teens “put their fingers inside of each other’s vaginas, put their mouths on each other’s vaginas, and both of them used a vibrator on each other to insert it in each other’s vaginas.”

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… Angela Corey should Be [Zimmerman Case Prosecutor] (Keep It Decent) …

Posted by paulfromwloh on Friday,July 19th,2013

.. tarred and feathered , at the very least (my choice) .

.. prosecuted , (others)

.. spend time in the “graybar” hotel (even more others) .

… Rob McCain (theOtherMcCain) thinks she should be disbarred . Good ! Add that in .

The more I learn about this woman, the more I hate her: She got George Zimmerman charged with murder based on a misleading probable cause claim, rather than getting an indictment from a grand jury. Also, Angela Corey is an evil vindictive bitch:

In 2008, Corey was elected state attorney for Florida’s Fourth Judicial Circuit, taking over from Harry Shorstein — the five-term state attorney who had fired her from his office a year earlier, citing “long-term issues” regarding her supervisory performance. When Corey came in, she cleaned house. Corey fired half of the office’s investigators, two-fifths of its victim advocates, a quarter of its 35 paralegals, and 48 other support staff — more than one-fifth of the office. Then she sent a letter to Florida’s senators demanding that they oppose Shorstein’s pending nomination as a U.S. attorney. “I told them he should not hold a position of authority in his community again, because of his penchant for using the grand jury for personal vendettas,” she wrote.

Did I mention that Angela Corey is an evil vindictive bitch?

An information technology specialist who say he was fired for exposing information that he said Florida prosecutors attempted to withhold from George Zimmerman‘s defense attorneys will file a lawsuit against his former employers. Ben Kruidbos was fired after testifying at a June 6 hearing that photos and text messages from Trayvon Martin‘s cell phone were not turned over to the defense, as required by law. Kruidbos’ attorney Wesley White told Reuters news agency that he will be filing a whistleblower lawsuit against the office of Angela Corey and Bernie de la Rionda, who were appointed to prosecute the case against Zimmerman, the neighborhood watch captain who fatally shot Martin in February 2012.

[h/t — viralread (rsmccain)]

Whistleblower Ben Kruidbos Will Sue Zimmerman Prosecutors

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Ben Kuridbos testifies at a June hearing about evidence in the George Zimmerman trial.

 

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An information technology specialist who say he was fired for exposing information that he said Florida prosecutors attempted to withhold from George Zimmerman‘s defense attorneys will file a lawsuit against his former employers.

Ben Kuridbos testifies at a June hearing about evidence in the George Zimmerman trial.

Ben Kruidbos testifies at a June hearing about evidence in the George Zimmerman trial.

Ben Kruidbos was fired after testifying at a June 6 hearing that photos and text messages from Trayvon Martin‘s cell phone were not turned over to the defense, as required by law. Kruidbos’ attorney Wesley White told Reuters news agency that he will be filing a whistleblower lawsuit against the office of Angela Corey and Bernie de la Rionda, who were appointed to prosecute the case against Zimmerman, the neighborhood watch captain who fatally shot Martin in February 2012. After a trial that garnered nationwide attention, a Seminole County jury on Saturday found Zimmerman not guilty of murder.

In notifying Kruidbos of his termination last week, a spokeswoman for the state’s attorney’s office, Cheryl Peek, excoriated him for what she called his “deliberate, willful and unscrupulous actions.” At the June 6 hearing, Kruidbos testified that he believed that prosecutors had not shared with Zimmerman’s defense the full contents of information extracted by a forensic search of Martin’s cell phone, including photographs of marijuana and a semi-automatic handgun. Ultimately, the photos and text messages were ruled inadmissible in the trial by Judge Debra Nelson.

Corey’s handling of the prosecution has been widely criticized, both by supporters of Martin — who blame her for failing to win a conviction of Zimmerman — and also by supporters of Zimmerman, who say he never should have been charged with murder in the shooting incident that the jury ultimately decided was self-defense.

Florida prosecutor Angela Corey speaks at a post-trial press conference Saturday.

Kruidbos’s lawyer slammed Corey for comments she made after Zimmerman was acquitted.

“You have assailed and undermined both the right to trial by jury and the finality and dignity associated with a jury verdict,” White said in a letter published at The Conservative Treehouse blog. “For you to label George Zimmerman, an acquitted defendant, as a ‘murderer’ at this juncture is reprehensible and irresponsible, can only breed contempt for our system of justice and the rule of law, and may very well lead to civil unrest.”

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… Acquiting George Zimmerman …

Posted by paulfromwloh on Thursday,July 11th,2013

.. The question is now no longer whether or not George Zimmerman will be convicted of murdering Trayvon Martin . I believe that the question is what will then happen after he is acquitted.

.. The local investigators put together a thorough and professional investigation . And the local county put through a complete review of the entire case . Simply put , the case was reviewed with a fine – toothed comb  . And Zimmerman was found to have a complete and thorough case for self – defence .

.. Prosecutors in Florida brought a feeble case to court, filing a charge they knew — or should have known — would not withstand the challenge of even a modestly capable defense. There has been much testimony that supports Zimmerman’s claim of self-defense and precious little that undercuts it. The prosecution invested hope in the testimony of Martin’s parents that it was his screams for help and not Zimmerman’s that were captured on the 9-1-1 call, but on Monday the defense presented witnesses who effectively rebutted this claim. And on Tuesday, a forensic pathologist testified that the physical evidence was consistent with Zimmerman’s account of his confrontation with Martin.

.. Assume that prosecution and defense witnesses all testified in good faith as to their belief that the voice belonged to one or the other of the men. There is a common sense way to reasonably infer which of them was screaming for help. By now the extent of Zimmerman’s injuries are well known (though prosecutors seemed determined to keep this information under wraps for as long as possible). Zimmerman suffered a broken nose and lacerations to the back of his head, all consistent with his account of being punched, knocked down, and having his head bashed on the concrete walkway. Other than the fatal gunshot, Martin’s only injury was bruising to one of his hands.

.. For the jury to believe the screaming voice was Martin’s they would have to accept a scenario in which Zimmerman remained silent while sustaining his injuries, and in which Martin screamed for help while sustaining only a bruised hand. Unlikely. For this and the prosecution’s many other manifest weaknesses, the jury will not convict. Nor should they.

.. Then what will happen ? It is beginning to dawn on members of the media and, through them, on the public at large ,  that an acquittal is very likely, thus lessening the potential for outrage when it comes to pass. Yes, there are those whose very existence depends on their being perpetually and professionally outraged, and there will be no shortage of aggrieved posturing when the not-guilty verdict is delivered, but I doubt the reaction will come to little more than that.

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… Judge Nelson , it is None of your Business …

Posted by paulfromwloh on Wednesday,July 10th,2013

.. george zimmerman is entitled to the presumption of innocence . As well as all of his constitutional rights . He is also entitled to the impartial administration of justice . Which , to be honest  , in this case , he has not received from the state of Florida and the county of Sanford .

.. He had a media war mounted against him  , from the beginning . It took from him , or tried to , rob him of the ability to defend himself , his reputation , and the ability to mount a defence of his choosing .

.. The investigation was another issue . The Sanford City Police Department thoroughly investigated the case , and the County Prosecutor also reviewed the case . The County Prosecutor dismissed the case , citing a finding of self – defence . Then ,  the p.r. war did its damage , and the state of Florida stepped in . The state appointed a special prosecutor , who proferred the charges that George Zimmerman is facing now .

 .. On Wednesday, Judge Debra Nelson, who is presiding over the trial of George Zimmerman, repeatedly asked Zimmerman whether he would be testifying, over the objections of his attorneys. Nelson told Zimmerman that he had the “absolute right to remain silent” and then asked him whether he wanted to testify. Don West, Zimmerman’s attorney, objected; Nelson overruled him and said, “The court is entitled to inquire if Mr. Zimmerman’s determination as to whether or not he wants to testify.”

.. The judge should not be harassing , or even asking the defending about whether he or she  is invoking his or her rights . The presumption of innocence , plus the 5th Amendment , and  other rights , should allay those fears . The defendant (Zimmerman) is innocent , until proven guilty (beyond a reasonable doubt) , and does not have to testify . He / she also should not , or does not , have to speak up in court about those rights . That person is also entitled to that presumption as well in jury deliberations .

.. Yet , Judge Nelson persisted . She asked Zimmerman how much time he wanted to figure out if he wanted to testify, to which West objected. Nelson then said, irritated, “Your objection is overruled!” Mark O’Mara, another of the defense attorneys whispered, “What is going on ? ”

.. Such exchanges are very unusual in criminal trials. Judges rarely confront possible witnesses or defendants on whether they will testify over the objections of attorneys.

.. A few minutes later, Judge Nelson continued to ask Zimmerman about whether he would testify. She gave him a few minutes to consider. Then she returned to Zimmerman and asked him whether he would testify; he said he would not. She then repeatedly asked whether it was his decision not to testify in the case, rather than the decision of his attorneys.

.. The defense has rested. After 18 witnesses over the course of the last week, the defense closed its case, then motioned for dismissal; that motion was denied. Prosecutors are calling two rebuttal witnesses, the first of whom, Adam Pollock, Zimmerman’s trainer, already testified for the defense. Both sides are currently drafting jury instructions. Presumably, the case will be sent to the jury tomorrow, after the prosecution’s final rebuttal witness.

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