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Author Topic: The Prosecutor's Hall of Shame
airforce
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Some of them are elected, such as county District Attorney's and, often, the Attorney General for the states. Others, like the U.S. Attorney General and other U.S. Attorney's are appointed by the President and ratified by Congress. All of them have a sworn duty to uphold the Constitution of the United States, and often of the state, county, or municipality over which they serve.

All of them have a duty sworn or otherwise, to serve justice. But these are political animals, and not all of them do.

Police do their work in public, where just about everyone these days has a recorder and a cell phone camera. Prosecutor's don't; they work behind closed, locked doors. Misdeeds by the police soon show up on YouTube; misdeeds by prosecutors do not. Only rarely are their unethical or criminal actions unearthed, and even then they are only rarely punished for them.

Well, we here at AWRM aim to change that. We're going to publicize their misdeeds. We're going to take their actions out of the shadows and shine the light of day on them.

To give you an example of what I'm talking about , here are a handful of actions by prosecutors just in the last year or so.

Tanya Treadway

Tried Kansas’ Dr. Stephen Schneider and his wife for over-prescribing pain medication. Tried to deny them access to a public defender, while also targeting their assets for forfeiture. During the trial, attempted to have an unconstitutional gag order imposed on pain patient advocate Siobhan Reynolds. Also tried to gag Schneider’s patients from speaking publicly in his defense. May have asked federal agents to visit the patients’ homes to intimidate them. Finally, launched a grand jury investigation of Reynolds, including a sweeping subpoena that caused her advocacy group, the Pain Relief Network, to fold. Reynolds was forbidden from sharing the contents of the subpoena or any of the briefs related to her challenge of the investigation. It was a blatant, abusive use of the grand jury to silence a critic of the government.

Kenny Hulsof

Turned a “tough on crime” record as a prosecutor into three terms in Congress, a GOP nomination for governor of Missouri, and nearly became president of the University of Missouri. Now works in a white shoe law firm as a D.C. lobbyist. Problem is, his “tough on crime” record includes at least two wrongful murder convictions due in large part to his failure to turn over exculpatory evidence. In both cases, Hulshof was excoriated by the judges who pronounced the wrongly convicted men innocent. In 2008, the A.P. found five other cases in which there is considerable evidence that Hulshof engaged in prosecutorial misconduct.

Carol Chambers

Probably not the most outrageous example on this list, but Chambers deserves strong consideration for at least giving us one of the most entertaining. When DNA testing showed that the evidence taken from a 9-year-old’s underwear didn’t match the mentally disabled man police had arrested for breaking into her room and groping her, Colorado DA Chambers insisted she still had the right guy. She based her opinion on the rather awesome legal argument that . . . little girls tend to dress kinda’ slutty these days.

Jim Hood

Mississippi’s Attorney General has been a steadfast defender of disgraced medical examiner Steven Hayne and fraudulent “bite mark expert” Michael West, and has fought any attempt to hold them accountable. In 2009, Hood gave his okay to a plan by Mississippi’s coroners to bring Hayne back to resume his autopsy business in the state. When the state legislature considered a bill in March that would have effectively barred Hayne again, Hood actively lobbied against it. Hood’s office has fought to prevent Eddie Lee Howard from getting a new trial, arguing that Howard is procedurally barred from raising Michael West as an issue in his post-conviction petitions. West’s long-discredited bite mark expertise is the only physical evidence linking Howard, who is on death row, to the scene of the crime for which he was convicted. And then there’s Hood long and cozy relationship with Mississippi’s unseemlier trial lawyers . . .

Delores Carr

Santa Clara County, California’s district attorney ran for the office in 2006 on a platform of ending what she called a “win at all costs” mentality that plagues too many prosecutors. She then spent much of her time in office fighting like hell to cover up and minimize a massive scandal in which her office failed to turn over exculpatory evidence in thousands of sex abuse cases. When the California bar disciplined a member of her staff in 2009 for misconduct in four cases, Carr fought to strip the bar of its power to discipline prosecutors. In February, when a judge released an accused sex offender because Carr’s office failed to turn over a videotape with the alleged victim that called into question whether the assault had ever happened, Carr announced that her office would be boycotting the judge.

Andy Thomas

During his time as Maricopa County Attorney, Thomas basically served as Joe “America’s Most Thuggish Sheriff” Arpaio’s enabler. Thomas used his office to intimidate political opponents, had a series of questionable convictions, and indicted or investigated county officials, officials in other counties, and even a judge who dared to question him or Arpaio. The good news from last year is that he lost his bid to become Arizona attorney general, and he may soon be disbarred.

Lynn Switzer

The Texas DA is trying execute convicted murderer Hank Skinner without first testing crime scene DNA evidence that could establish Skinner’s innocence.

Greg Zoeller

When it was brought to his attention that county prosecutors across the state were routinely and systematically abusing the state’s forfeiture laws by keeping proceeds for themselves, their offices, local police department, and private attorneys instead of sending them to a designated schools fund as required by the state’s constitution, Zoeller, Indiana’s Attorney General and hence its highest-ranking law enforcement official, said it wasn’t his problem. It took an Indiana law firm suing the county prosecutors to finally attract Zoeller’s interest. Unfortunately, he announced that his office would be defending the country prosecutors and their routine, illegal, and probably unconstitutional misuse of forfeiture funds.

Scott Southworth

After the state of Wisconsin passed the Healthy Youth Act, which instructs public school officials to teach age-appropriate sex education to students, District Attorney Southworth fired off a letter to the schools in his district warning personnel that he could possibly charge them with sex crimes if they complied with the law.

Eleanor Odom

During a highly-publicized 2007 trial of two parents accused of murdering one of their children, Odom took the occasion of the dead child’s birthday to . . . pull out a cake, dim the courtroom lights, place and light candles, and lead the prosecution in a ghoulish rendition of Happy Birthday to the dead kid’s ghost. The gimmick not only helped win a conviction, it helped Odom win a regular commentary gig on Nancy Grace’s show. Oh, and she has since thrown her hat in the ring for a judicial opening.

As always, I need your help. If you know of a prosecutor who has acted unethically or criminally, or who perverts justice by his inaction, let us know.

Onward and upward,
airforce

Posts: 16687 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
airforce
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And we have our first entry.

quote:
A state grand jury in Winkler County, Tex., has indicted the sheriff, the county attorney and a hospital administrator for their roles in orchestrating the prosecution of two whistle-blowing nurses after they had reported allegations of malpractice.

The sheriff, Robert L. Roberts Jr., and county attorney, Scott M. Tidwell, each face six counts, including misuse of official information and retaliation, which are third-degree felonies. Stan Wiley, the administrator of Winkler County Memorial Hospital, in the dusty West Texas town of Kermit, was indicted on two counts of retaliation.

Boy, that was quick.

Onward and upward,
airforce

Posts: 16687 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
The Greywolf
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I sure everyone feels the same way...

I want to thank you, Airforce, for your constant vigil against bad raids and bad prosecutors.

Thanks Brother,

It should make every patriot think about how easy it is to find yourself on the other end of these criminals.

[ 01-17-2011, 12:23 PM: Message edited by: Greywolf ]

--------------------
"My arm was extended upward pleading for peace and the Union of our Fathers. When my hand came down, it fell slowly and sadly by the side of a Secessionist."

Zebulon Vance.. North Carolina

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airforce
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Glad you like my work, Greywolf. I've been thinking about a thread like this for some time, but I figured the only one interested would be me. We'll see how popular this is.

Onward and upward,
airforce

Posts: 16687 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
airforce
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I almost have to admire the guy. I mean, he takes prosecutorial immunity to a whole new level.

quote:
The former Wisconsin district attorney who resigned amid a sexting scandal says he's immune from a lawsuit filed by a crime victim who claims she was sexually harassed by him.

Ken Kratz says he was a public official at the time of the alleged harassment and is claiming both absolute immunity and qualified immunity.

Those are legal doctrines that shield government officials in certain cases from being sued for a violation of a person's constitutional rights.


Kratz's argument was filed Friday in a response to a federal lawsuit filed by Stephanie Van Groll.

Kratz admitted sending suggestive text messages to Van Groll while he was prosecuting her ex-boyfriend. At least four other women have said Kratz made inappropriate sexual advances toward them.

I don't see how sending lewd, offensive come-ons to the girl friend of a domestic violence suspect falls under the scope of the prosecutor's official duties. But then, manufacturing evidence to convict an innocent person apparently does, so who knows.

Here are his text messages.

Onward and upward,
airforce

Posts: 16687 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
airforce
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Sherri Bevan Walsh.

A single mother, Kelley Williams-Bolar, claimed her children lived with their grandfather rather than with her, to get her children into a better school district. They could have simply transferred her kids back to the bad school. Instead, the prosecutor's office decided to charge her with two felonies, claiming she had somehow defrauded the school district of $30,000. She was sentenced to five years in prison, but Judge Cosgrove suspended all but ten days of it.

And the judge had some harsh words for the prosecutor's office, too:

quote:
Cosgrove said the county prosecutor’s office refused to consider reducing the charges to misdemeanors, and that all closed-door talks to resolve the case — outside of court — met with failure...

Cosgrove said numerous pretrial hearings were held since last summer.

”The state would not move, would not budge, and offer Ms. Williams-Bolar to plead to a misdemeanor,” the judge said in an interview Wednesday.

”Of course, I can’t put a gun to anybody’s head and force the state to offer a plea bargain.”…

Late Wednesday, Cosgrove issued a news release to area newspapers and television and radio stations, citing the need to respond to ”overwhelming public interest” in her sentencing decision.

”The Summit County Prosecutor’s Office retains complete control over whether to charge a person with a felony or a misdemeanor,” the release stated.

Cosgrove’s bailiff said the office had been bombarded by calls from angry area residents, most of whom were saying that Williams-Bolar’s punishment far exceeded her crimes.

Well, yeah.

The Judge said she would probably expunge the record once Kelley Williams-Bolar completes six months of probation.

Onward and upward,
airforce

Posts: 16687 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
airforce
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Spokane Preosecutor Steve Tucker. He won't prosecute a deputy in the Spokane County Sheriff's Department for killing 74-year-old church pastor and business owner Wayne Scott Creach. Why not?

Because Deputy Brian Hirzel "has more protection under the law" than some lowly average citizen.

quote:
...Hirzel shot Creach late on Aug. 25 in the parking lot of Creach’s greenhouse business in Spokane Valley. Hirzel was in an unmarked car and did not alert the business owner before parking there to watch for activity in the neighborhood in response to a neighbor’s call.

Alan Creach, the pastor’s son, said he and his brother, Ernie Creach, don’t believe investigators have taken the time to challenge key elements of the investigation regarding the few seconds in which the confrontation took place.

“I’m not surprised,” Creach said after meeting with Tucker and learning his decision. “A man is lying dead from protecting his own property. We were all under the impression that we were protected by amendments that allow us to protect ourselves and carry weapons without fear of losing our lives.” (...)

Onward and upward,
airforce

[ 02-03-2011, 06:34 PM: Message edited by: airforce ]

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Lord Vader
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quote:
Originally posted by airforce:
Spokane Preosecutor Steve Tucker. He won't prosecute a deputy in the Spokane County Sheriff's Department for killing church 74-year-old church pastor and business owner Wayne Scott Creach. Why not?

Because Deputy Brian Hirzel "has more protection under the law" than some lowly average citizen.

quote:
...Hirzel shot Creach late on Aug. 25 in the parking lot of Creach’s greenhouse business in Spokane Valley. Hirzel was in an unmarked car and did not alert the business owner before parking there to watch for activity in the neighborhood in response to a neighbor’s call.

Alan Creach, the pastor’s son, said he and his brother, Ernie Creach, don’t believe investigators have taken the time to challenge key elements of the investigation regarding the few seconds in which the confrontation took place.

“I’m not surprised,” Creach said after meeting with Tucker and learning his decision. “A man is lying dead from protecting his own property. We were all under the impression that we were protected by amendments that allow us to protect ourselves and carry weapons without fear of losing our lives.” (...)

Onward and upward,
airforce

It has been said don't take the Law into your Own Hands, take them to Court, but what happens when there is no Justice for the common Citizen in the Courts, maybe the People will just take the Law into their Own Hands.

If a loved one was Murdered I would give the Legal System a chance to dispense Justice but if the System refused to give me Justice and especially if the Murderer had immunity then I would get Justice my own way.

And eventually the People are going to get so disgusted and sick that Cops are getting away with Murder and other crimes against the People that one or more people are going to snap and when that happens Cops will start dying. And this may be the start of the revolution.

Cops are among the most stupid and ignorant people, they are the ones who are too stupid to become Doctors and Lawyers and they are so stupid that they have no idea what will happen when the Pandora's Box is fully open. But they will eventually wish that they had never pushed the People beyond the limit of endurance, but by then it will be way too late.

What I don't understand is why at least some of the People have not already crossed the Line from Law Abiding Citizen to Outlaw.

--------------------
VINCE AUT MORIRE (Conquer or Die)

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airforce
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quote:
Originally posted by Sniper_762X51:
Cops are among the most stupid and ignorant people... But they will eventually wish that they had never pushed the People beyond the limit of endurance, but by then it will be way too late.

They're not stupid. In fact, here in Tulsa, all of the have at least a bachelor's degree. And they are smart enough to learn exactly what the prosecutors and District Attorneys have taught them.

As you know, I write a lot about mistakes police officers make. But, in most cases, I'm reluctant to assign all the blame to them. It's time for the prosecutors and judges to have the spotlight shine on them for a change.

So, Steve Tucker, welcome to my gallery.

Onward and upward,
airforce

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5.56
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quote:Originally posted by Sniper_762X51:

Cops are among the most stupid and ignorant people, they are the ones who are too stupid to become Doctors and Lawyers and they are so stupid that they have no idea what will happen when the Pandora's Box is fully open.


Help me out here, Are YOU a Doctor or a lawyer? Are you saying that anyone who is not a Doctor or a Lawyer is stupid? That is what it looks like to me.

But again it sounds more like a career crimenal speaking than a concerned citizen. There are alot of mistakes made by law enforcement. Most are not made with malice and for-thought. I wonder if you are able to make a split-second decision under stress and fear in a dark alley.

For all of the men and women that do serve and protect with honor and professional service to the community I find your statements to be in extreme poor taste. I have known in real life two officers that gave their lives attempting to protect the community.

I see conduct that is questionable to say the least that gets reported. However it is not the entire Law enforcement community that acts this manner. Unless you have worked in Law Enforcement do not judge all officers to be tainted. If you have had trouble with the Law, I can see how and why with the attitude you have shown here towards officers. With your "tude" I would not have cut you any slack either.

5.56

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green demon
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quote:
--------------------------------------------------------------------------------
Originally posted by Sniper_762X51:
Cops are among the most stupid and ignorant people... But they will eventually wish that they had never pushed the People beyond the limit of endurance, but by then it will be way too late.
--------------------------------------------------------------------------------

Thank You 5.56. I am a LEO in Missouri and I work for the public. The Lawyers and Judges are the corrupt ones here. My department works hard to put solid cases together, but the Prosecutors and the Judges let the suspects off.

Here in this county if you write a bad check or don't pay your child support they throw the book at you. If you are a multi offender and in front of the judge every other month with drug charges or assaults, you get probation. I was in a 14 min fight with a guy who was high on PCP and Meth, he got probation.

I know that some LEO's give us a bad name, but most of us are good people and cops. Don't bad mouth all LEO's. We are not stupid, we have to make life and death decisions in a split second. If we are wrong the public has days, months, and years to critize. Put your self in my shoes for a few hours. Lets see if you can do my job.

Green Demon

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Lord Vader
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5.56
So you want to make this personal by calling me a Criminal do you. OK lets play.

For anyone interested I am trying to not get insulting or use any personal attack even though I have been insulted by being called a Criminal, I am trying to be nice, which is not easy for me.

Now On With The Show

You are making a lot of Assumptions that are totally incorrect and that is the type of attitude that causes a lot of these problems where Cops kill Innocent People.

Let me begin by telling you what I think you are or what you are not.

You are not a Freedom Fighter, and you are not a Patriot at least not in my view of what a Patriot is.

You Mr 5.56 are a Cop Lover who worships those Badge Wearing walking piles of Pig Excrement AKA Badge Wearing Criminals and Mobsters, commonly know as Cops and during the coming Civil War or Revolution I do not know in which direction your weapon will be aimed. My personal opinion of you is that you are a lot more likely to be on the side of the Cops then on the side of the Freedom Fighters and this also goes for Mr green demon.

Anyone who defends Cops to the extent that some of the Members here do, are not to be trusted.

Now this does not mean that every member of this board or other Patriot Board who is a Cop is not to be trusted, it is just those who want to Hang the Messengers of the Truth and seem to always defend Cops who are not to be trusted. Also I would have a very hard time trusting anyone who is a Cop unless I knew him very very very well, since I don't trust anyone with divided Loyalties, and this goes for people with duel Citizenships.

Now about my attitude toward Cops, it is the way I have been treated by Cops and my friends have been treated by Cops that is the cause of my attitude toward Cops, not the other way around.

Now as to my working in Law Enforcement, at one time I did Carry a Badge and before you make any asinine comments it was not a Rent a Cop Badge and I had full arrest powers. I gave it up since I did not like having those powers and using them so I went back to being a normal person.

It is funny that you should in effect call me a Career Criminal, since that is what Cops are. Cops are, or at least most Cops are Career Criminals that is just the truth. They are Badge Wearing Mobsters and anyone who does not have his nose and face buried up a Cops stinking Posterior knows this to be the Truth and a Fact.

I have a very very good friend who had Cops come to his Home and steal money he had in his Home while they had him in cuffs in the back of their PigMobile and when they realized they had had made a mistake and released him my friend found his home to be a freaking mess and when he opened the drawer where he had his money in there was only a Single Twenty Dollar Bill and he had Two Thousand Dollars in that Drawer. I asked a personal friend who happens to be one of the best Attorneys in my area if there was anything that could be legally done to get my friends money back and he told me, it was the Cops word against the Citizen and the System always takes the word of the Stinking Cop. My friend the Attorney also told me that Cops stealing like what happened to my friend was common knowledge among Attorneys, and my friend was not the first person this happened to and would not be the last.

And here is something else that happened to one of my very good friends.

I have a friend who owned an A&W Root Beer Restaurant in a small town near where I lived and my friend was not a Happy Camper about the Local Cops showing up at his Rear Door to get free Coffee etc. Oh and this was nice Small Town where the Cops were considered to be Good Cops.

And then there is the Case of the Cop in another nearby small town who was so bad everyone hated him.

The Regular Residents of that Town Hated Him.

The Town Politicians Hated Him.

The Chief of Police had a very strong Dislike of Him.

And even his Brother Officers did not like Him.

Oh and this was another nice Town and the Chief was Pro Gun.

This Bad Cop was once caught in a Motel Room with an Underage Girl.

This Bad Cop located a Stolen Mini-Bike and instead of turning it in to the Department, kept it for his own Son to use.

And he was fired for what he did but the State Civil Service Commission ordered him to be reinstated, go figure the logic or lack of those Commissioners.

And here is a real BAD COP.

This Cop in a small Town In Rhode Island Actually Murdered several young men who were working on a car at a Garage. Fortunately one of these young men was under a Car and had a very good view while this Murdering Bastard shot and killed several unarmed Citizens.

Now are all Cops Criminals, all meaning 100%, of course not, even Nazis were not 100% bad and there were at least two Nazis who were actually Good People. One was the one that a Movie was made about and the other one saved the lives of many Chinese from Japanese Soldiers during Japan's War with China.

No group of people, or at least very few groups of people is totally Bad or totally Good, but the difference between a Good Group with some Bad People in it and a Bad Group with some Good People in it, is the Ratio of Good to Bad in the Group.

Cop Lovers like you and Mr green demon and other fake Patriots who are Members of this board always have the attitude that you don't throw out the Barrel because of One Bad Apple, what these self serving Members never mention is exactly How Many Bad Apples does it take before the entire Barrel should be put in the trash.

What Percentage of Good Apples to Bad Apples need to be in the Barrel before the Barrel is worth saving, 1%, 10% what Percentage needs to be Good to make that barrel worth saving or what Percentage needs to be BAD before the entire barrel gets tossed into the Garbage.

And there is also this, exactly what or who is a Good Cop or a Bad Cop.

Is it only Cops who Beat Up and even Kill Innocent Citizens or is it also all the other Cops who look the other way when one of their Brother Cops violate the Rights of a Citizen.

This Question is for Mr. green demon, since Mr 5.56 did not mention at least in this Topic if he is an Officer, and any other Cops who are Members.

If you witnessed one of your Brothers in Blue or Green or whatever violating the Rights of an Innocent Citizen maybe by beating him up would you take any action against your Brother Officer in defense of the Citizen, even to include drawing your weapon and if necessary firing it. And would you also cross the so called Blue Line and Testify for a Citizen and against another Cop?

Going by my definition of Bad Cop, the Ratio of Bad Cops to Good Cops is very high maybe even greater then 90% Bad and to my way of thinking that is enough to toss out the entire barrel and rebuild Law Enforcement from the bottom, and the truth is that it should be Peace keepers instead of Law Enforcers.

Now as to my being a Doctor or Lawyer, no I am not. I do not like people enough to be a Doctor and I also don't like having my hands inside any Body so I am also not a Veterinarian. Now although I do have an interest in Law I was never into it enough to want to be an Attorney.

So maybe I should rephrase what I posted about Cops being too stupid to become Doctors or Lawyers.

Cops are too stupid to be Assembly Level Computer Programmers.

See I am not a Doctor, oh by the way that should be Medical Doctor since there is more then one type of Doctor, and I am not an Attorney, but I am or at least was a Main Frame Computer Assembly Level Programmer.

And since you most likely do not know what Assemble Level is I will explain. An Assembly Level Programmer Programs or Codes a Computer using what is referred to as an Assembler, and it is one step above Machine Language, and Machine Language is using the Binary numbering system. 000111 010101 111100 those are binary numbers. Assembly Programming uses the Hexadecimal also known as Base 16 Numbering System. 1A 4B 7E are Hexadecimal Numbers and that is how I used to Program IBM Computers. OH I also used to use Compiler Level Languages like COBOL and FORTRAN I also used to know BASIC but I never needed to use it.

--------------------
VINCE AUT MORIRE (Conquer or Die)

Posts: 3823 | From: Trapped in Rhode Island | Registered: Oct 2001  | Report this post to a Moderator
Lord Vader
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quote:
Originally posted by airforce:
quote:
Originally posted by Sniper_762X51:
Cops are among the most stupid and ignorant people... But they will eventually wish that they had never pushed the People beyond the limit of endurance, but by then it will be way too late.

They're not stupid. In fact, here in Tulsa, all of the have at least a bachelor's degree. And they are smart enough to learn exactly what the prosecutors and District Attorneys have taught them.

As you know, I write a lot about mistakes police officers make. But, in most cases, I'm reluctant to assign all the blame to them. It's time for the prosecutors and judges to have the spotlight shine on them for a change.

So, Steve Tucker, welcome to my gallery.

Onward and upward,
airforce

I think I need to define what I consider one definition of Stupidity.

By the way I don't consider a Bachelors Degree in the Liberal Arts to be any proof of Intelligence since I have known a lot of people with degrees who don't have the Intelligence of an Ape.

So what is Stupid?

Is it only people who have a low IQ who are stupid or does it include people who although they have at least an average IQ they do things that are very stupid.

I have a High IQ but I have done some very stupid things both with Motorcycles and on Horseback and on the ground with Horses. Now most of these stupid things I did, I did knowing they were stupid and dangerous but I was and in a way still am a Daredevil and risk taker, but it doesn't mean these things were any less stupid.

So now I will get to Cop Stupidity.

One reason Cops are stupid is although they have a job where their lives can be endangered they instead of wanting Citizens to be their friends, who would help them, seem to go out of their way to deliberately tick off regular people and make enemies out of them. Anyone who thinks having enemies is better then having friends has more then a few screws lose.

Cops are outnumbered on the street and to my way of thinking it is a lot better to have people who will help you then people who will laugh when you get in trouble, but Cops don't think that way and they only want to be friends with other Cops.

There was a case a while ago where a Texas Cop, or I think it was Texas, was attacked by some real Criminal or maybe it was a Mental Case and the Criminal got hold of the Cops weapon. Guess what happened, instead of the people helping the Cop or at least wanting to help the Cop, the people who were gathered all told the man with the Cops weapon to off the Cop, they wanted this Scum sucker to kill the Cop. That is now the way it should be but it is that way. Sometimes it is because the people watching are themselves Criminals and sometimes it is because they are like me and have been harmed or their friends or Loved Ones have been harmed by Cops in the past.

And then there is this.

There was a CHP Officer who got into a shootout with some real Criminals who were robbing a Gas Station and this Officer got shot and was in deep shit and a regular Citizen showed up and helped this Officer. This Citizen went in harms way to pull the Officer out of the line of fire and also grabbed the Officer's Shot Gun and fired on the Criminals.

So the way I look at it any Cop who doesn't care if he makes enemies out of people who may someday be in a position to help him and maybe even save his Life is STUPID.

And this is for 5.56 and green demon

If some Scum Sucker was about to remove you from the pool of the Living would you want me to help you or just drive away and not give a Rats Rear about you.

Just call me a Mental Case but if I were a Cop I would want someone to help me even if that person was not a Brother Officer.

And now something that you two don't expect, if I came across a Cop who was in danger of being killed by a real Criminal and I had the capability of helping I would help the Cop even if I had to go in Harms Way since if I have to chose between a Cop who may or may not be a Good Person and a Criminal who I know is a Bad Person, I will help the Cop and hope he is deserving of my help.

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VINCE AUT MORIRE (Conquer or Die)

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Tuscarora
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No one needs or wants your help Sniper.

You are dogshit.

To know this one only has to take a cross section of your posts over the past year.

You have advocated crimes against innocent bystanders if they don't choose to help you. As a "patriot" you have no concept of INDIVIDUAL liberty.

You deride some of the most honorable people in this country, namely law enforcement, (nearly 40% of which across the country happen to be veterans) and encourage nothing less than their murder.

You are a liar, demonstrated by the fact that you make one statement, then make a pathetic attempt to twist it when it is criticized for what it is.

Hopefully the patriot LEO's in RI are worth their salt and have weapons pointed squarely in your direction.

I doubt there is little if anything you have been sucessful at in life. You are a weak person and that is okay. Instead of directing your frustration and hatred at the LAST group of people who deserve it, how about accepting their help? You won't because you have a childish aversion to authority figures and wish to attack them.

If in the event things go wrong, a much higher percentage of former LEO's will choose the side of liberty than the gereral population.

As evidenced by your posts, it seems you fit the predatory criminal profile.

Humanity, and the cause of freedom, has no use for you.

--------------------
"The proper function of man is to live, not to exist. I shall not waste my days in trying to prolong them. I shall use my time." -Jack London

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airforce
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Cease fire, guys. And that means all of you. Personal attacks will stop right now.

I have nothing against cops. Heck, I used to be one, and I'm still a corrections officer at the jail. I'm not anti-cop (though, in all honesty, I am against sworn police officers who are employed by, and beholden to, the state). Almost all the cops that I've ever met really wanted to serve the public. And most of them really do, although all of them wind up enforcing laws that shouldn't be laws. (I quit being a cop because I was sick and tired of fighting a a hopeless and counter-productive War on Drugs.)

When they go beyond that, well, I write about them. But this thread is not about police. This thread is about prosecutors. Want to know why so many cops are bad? Because prosecutors let them. In fact, all too often they encourage it.

Cops get the brunt of the criticism, because everyone sees them. They're out in public, wearing uniforms that identify them, and driving cars that identify them. Prosecutors don't. If you saw one of your county prosecutors outside the courtroom, I doubt you would know who he was.

But he's the fellow who enforces bad laws. He's the one who will try to send you to prison for buying too much Sudafed for your allergies, or for giving a massage without a license, or for sending your children to the wrong school. And if a police officer injures or kills an innocent person, he's the one who is going to defend the cop.

If prosecutors really did their duty, so would the police. Sort of gives you an idea about how many good prosecutors there are, doesn't it?

I started this topic because I thought it was time to put the blame where it belongs. Prosecutors aren't the only ones to shoulder the responsibility, of course--but the bad ones are more deserving of our scorn than the cops are.

Onward and upward,
airforce

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It's pretty much acknowledged that Evan Daniel Emory is a jerk. Evidently learning his sense of humor from Sasha Baron Cohen, he got permission from Beachnau Elementary School officials in Ravenna, Michigan, to record himself singing "Lunch Lady Land" to a bunch of six-year-olds, saying he wanted to use the video as part of his application to a school of education.

Actually, he was planning a comedy bit. He dubbed in sexually profane lyrics, and made it appear that he sang them to the children, and posted it to YouTube. (I failed to see much comedy in it. But then, I didn't think Borat was real funny, either.)

School officials and parents didn't see the humor, either. I think there's grounds for a civil lawsuit here. After all, he lied to school officials, and he had children appear in a YouTube video--although the kids never saw or heard the suggestive lyrics. (The video has since been taken down.) But I don't see anything criminal in it, except possibly the fraud used to get permission from school administrators. And this could be remedied in the civil suit.

Enter Muskegon County Prosecutor Tony Tague.

quote:
"The bottom line in this case is that he walked into a classroom and took advantage and victimized every single child in that classroom," Tague said.

"This case is very disturbing to law enforcement officials. We have launched a full-fledged investigation with the sheriff."

Tague said Michigan law 'provides penalty' for those who actually manufacture child sexual abusive material "but also has a provision for those who make it appear that the children were actually abused."

Emory has been arrested and charged with a felony that could get him 20 years in prison.

A little excessive, don't you think? But if it was Sasha Baron Cohen, I probably wouldn't mind.

Onward and upward,
airforce

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Breacher
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Wow, I feel stupid, I missed this topic somehow in the flurry of work I had in the last few weeks. Take some days off to catch up and find...this.

Good work Airforce. I think a lot of people see the cops as the problem because cops are usually the ones who are taking the action which gives people the problem, not fully realizing that the real strategies are spelled out by people in the prosecutors offices who long since did enough homework and influence peddling with senior law enforcement to make sure that "the right kinds of people" are doing the dirty work at the lower levels of law enforcement.

Ending or seriously curtailing immunity is a good goal to work for. Tell me folks, looking ten, twenty or even fifty years ahead to a Restored Republic, even if it is just a small confederacy of states, would you retain the current levels of prosecutorial immunity?

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airforce
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quote:
Originally posted by Breacher:
Tell me folks, looking ten, twenty or even fifty years ahead to a Restored Republic, even if it is just a small confederacy of states, would you retain the current levels of prosecutorial immunity?

I reckon you know my answer to that question! [Wink]

Glad you like my work, Breacher, but I can't do this alone. If you know of a district attorney or prosecutor who deserves to be here, please let me know.

Onward and upward,
airforce

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J. Croft
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Well, there's only two ways of handling this that WILL work:

Vote out the entire corrupt local government via emergency recall vote, then once in clean out all the dirtbags. I've covered this before but most people are content with internet bitching...

Or follow the legendary Western Rancher's Advice-shoot, shovel and SHUT UP.

Only two options anyone's got. Internet bitching isn't getting anywhere is it?

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J. Croft
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Oh, Airforce, I'm going to put this thread up as a permanent link on my website. Maybe I'll even add a few names...

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airforce
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quote:
Originally posted by J. Croft:
Oh, Airforce, I'm going to put this thread up as a permanent link on my website. Maybe I'll even add a few names...

Thank you, sir. The more light we shine on these jerks, the better.

Onward and upward,
airforce

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airforce
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Let's add Ohio's Cuyahoga County Prosecutor William Mason who, according to the Cleveland Plain Dealer, has prosecuted hundreds of people over the last decade despite having little or no evidence against them.

quote:
A Plain Dealer analysis of court records from the past 10 years revealed that in the 6,891 trials between 2000 and 2009, Cuyahoga County Common Pleas judges acquitted 364 defendants in midtrial, usually without waiting for the defense to present its case.

That means one out of every 19 people who went to trial on felony charges walked away free because prosecutors didn’t present the most basic evidence.

Ohio judges have the power to dismiss charges in criminal cases if they determine insufficient evidence was presented at trial to support a conviction. The authority comes from Rule 29 of the Ohio Rules of Criminal Procedure. Judges must view the evidence in the light most favorable to prosecutors when considering whether to grant a Rule 29 acquittal. The ruling cannot be appealed.

Judges relied on Rule 29 of the Ohio Rules of Criminal Procedure to throw out the cases. The provision allows judges to acquit if they believe the evidence, even when viewed in a light most favorable to prosecutors, is insufficient to convict.

What caught my attention was this story about a jury who not only took a mere half hour to acquit one of Mr. Mason's victims, but at least three of the jurors offered to donate their jury pay to the defendant:

quote:
Jurors are so convinced that a Cleveland teen should not have been charged with assaulting another teen that they've gone beyond acquitting him. A few are writing angry letters to police and intend to donate their jury pay to him. At least three jurors plan to give the $100 they received to sit on the jury to defendant Demrick McCloud, 19, if McCloud earns a high school equivalency degree. They took only 30 minutes to find him not guilty in their deliberations Friday.

Most of the jury could not be reached for comment, but three members complained of a "sheer lack of evidence."

They said the prosecution's case hinged on the victim identifying McCloud as an attacker. But the victim also had told police he was certain another boy -- later found to be in school at the time -- was one of the assailants.

As they were leaving the courthouse, jurors Ana de Freitas Boe, an English professor at Baldwin-Wallace College; Jeanne Knotek, an obstetrician and gynecologist; and alternate juror Richard Nagin discussed ways to help McCloud.

The three have committed to donating their jury stipend to a fund for McCloud. Boe said the amount is too small to compensate McCloud for his jail time, but the jurors intend it as a "show of support."

"He seemed like a decent kid who was falsely accused," Nagin said.

It's nice to see an indignant jury every now and then.

Onward and upward,
airforce

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airforce
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Say hello to Charles County, Md. prosecutor Tiffany L. Rodenberger. I didn't think anyone was still prosecuting those "recovered memory" sex abuse cases, but she is. And, absent any evidence against Michael Rasmussen, she's pulling out all the stops.

Mr. Rasmussen is accused of sexually molesting his now-adult daughter. The prosecution has that shaky (and pretty much discredited) "recovered memory" testimony, and that's about it. No corroborating evidence, not other witnesses, nada. But Ms. Rosenberger sure can drag the case out until Mr. Rasmussen can no longer afford his own attorney, and will have to rely on a public defender, and she seems intent on doing that. But her latest tactic goes beyond even that.

She kept Mr. Rasmussen in solitary confinement (for his own protection, naturally), and [b]refused to let his shower or shave for a week prior to the start of his trial. Then she had him brought into the courtroom in his jail jumpsuit, dirty, smelly, and unshaven. (His wife had brought him clean clothes for his trial, but she would not allow him to change clothes.)

The intent, of course, was to make him look and smell like a degenerate in front of the jury, on the first day of his trial.

Fortunately, the tactic didn't work. The trial was postponed, and no jury saw Mr. Rasmussen in that unkempt condition. And apparently the judge caught on to this tactic, as well. Mr. Rasmussen is now in the Prince Georges County jail, has his own cell, is now permitted to shower, has clean clothes, and can once again have visitors.

And a lot more people are watching this trial now, too. There seems to be little doubt that, without suborning perjury, Tiffany Rodenberger has no case. I will almost certainly have more on this trial later.

Onward and upward,
airforce

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Monroe County, Tennessee, District Attorney Steven Bebb, made my eyeballs explode. But he's just one of the bad guys in this one, in which two Monroe County Sheriff's detectives posed as "federal" defense attorneys in order to get incriminating information from the suspect, John Edward Dawson. They even talked Mr. Dawson into refusing to cooperate with his real attorney, and into pleading guilty.

When all this finally became known, his real attorney asked for a continuance, so she could assess the damage. Incredibly, Judge Amy Reed refused the request, saying Mr. Dawson had "picked his poison."

Not surprisingly, the appeals court disagreed (15 pages, pdf format):

quote:
[T]he conduct of the law enforcement officers in this case, and in particular Detective Henry, is so egregious that it simply cannot go unchecked. That Detective Henry would illegally pose as an attorney and arrange the circumstances of the defendant’s case to make it appear as though he had successfully undertaken legal representation of the defendant is abhorrent. That the detective would specifically instruct the defendant not to communicate the relationship to his appointed counsel, in what we can only assume was an effort to enlarge the time for the detective to gain incriminating information from the defendant, renders completely reprehensible the state action in this case. Given the unconscionable behavior of the state actors in this case and the fact that the defendant was essentially prevented from proving prejudice through no fault of his own, we have no trouble concluding that the only appropriate remedy in this case is the dismissal of all the indictments.
DA Bebb not only didn't stop it, he actually somehow persuaded Judge Reed to overlook it:

quote:
During a hearing on the issue, Sheriff Bivens testified that he was vaguely aware of Henry’s plot and did not see “a problem with it,” adding, however that “if it’s illegal, of course, I don’t want to do it.” Bivens did not order a probe of Henry’s actions or take any disciplinary action; nor did Bebb initiate charges of impersonating a lawyer.
For sure, John Edward Dawson is no angel. I find it hard to believe that he would be walking around free if they hadn't tried to pull this one off.

Onward and upward,
airforce

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Tuscarora
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Law is law. LEO's should be the last ones willing to bend it, much less conduct themselves in such a dishonorable and outright illegal manner.

So sad.

--------------------
"The proper function of man is to live, not to exist. I shall not waste my days in trying to prolong them. I shall use my time." -Jack London

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airforce
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Here's an update to the post above featuring Prosecutor Tony Tague and YouTube prankster (and all-around jerk) Evan Daniel Emory. You may recall that Mr. Emory edited a video to amke it appear he sang a song filled with suggestive lyrics to a bunch of first graders and posted it on YouTube. Prosecutor Tague then had Emory arrested and charged with producing child pornography, a charge which could have netted him 20 years. Never mind that the video contained no "sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity," which means it wasn't pornography to begin with. Even if Mr. Emory had sung that song to a bunch of first graders, he couldn't be charged under that statute.

Well now prosecutor Tague is apparently ready to cut a deal with Emory. But, incredibly, he still defends the original charge:

quote:
Mr. Tague defends his original charge but says he wants to resolve the case in a way "that will send a message that this is wrong but will not ruin the young man's life."

One path under discussion, Mr. Nolan [Emory's lawyer] said, would be for Mr. Emory to plead to a lesser charge, receiving some jail time, probation and community service. He would not have to register as a sex offender. But any deal would need approval from a judge. A hearing is set for next Monday.

He certainly committed a tort, using fraud to gain access to the students and classroom. And he used the images of the six-year-olds in a way that neither the parents or school administrators had approved. He could--and should, in my opinion--be sued for damages. There may even be a misdemeanor fraud charge in there somewhere. But I don't think that Prosecutor Tony Tague is quite able to grasp that.

Onward and upward,
airforce

[ 03-11-2011, 08:08 PM: Message edited by: airforce ]

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Tuscarora
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I'm not a lawyer, but I used to sleep with one.

All joking aside who does this guy think he is? This is a civil issue not a criminal one, cut and dry. I think even a misdemeanor charge is a slight stretch, not to mention the alleged child pornography.

Make the guy pay, finacially ruin him. Let the parents and their lawyers go to town. But don't call it someting it isn't it just makes you lose credibility mr. prosector.

--------------------
"The proper function of man is to live, not to exist. I shall not waste my days in trying to prolong them. I shall use my time." -Jack London

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airforce
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It looks like Evan Daniel Emory will end up with a misdemeanor conviction, under a plea bargain:

quote:
Emory pleaded no contest Monday to a reduced felony count.

Under the plea deal, Emory will serve 60 days in jail, two years of probation and 200 hours of community service. He will not have to register as a sex offender.

If Emory successfully completes probation, he will be allowed to withdraw his plea to the felony and plead to a misdemeanor[,] ... unlawful posting of an Internet message with aggravating circumstances. That’s a potential five-year felony, but state sentencing guidelines would not lead to a sentence that strict in the case of Emory, who has no prior criminal record....

The charge to which Emory pleaded is usually applied to cases of intentional harassment over the Internet. But Emory’s lawyer, Terry J. Nolan, said Emory did not agree that he intended to harass anyone — only that harassment was the consequence of his actions.

At least one parent of a child in the video said his daughter had been teased at school over being seen in the video and had suffered emotional trauma as a result....

Here is the text of Michigan Penal Code § 750.411s:

quote:
(1) A person shall not post a message through the use of any medium of communication, including the internet or a computer, computer program, computer system, or computer network, or other electronic medium of communication, without the victim’s consent, if all of the following apply:

(a) The person knows or has reason to know that posting the message could cause 2 or more separate noncontinuous acts of unconsented contact with the victim.

(b) Posting the message is intended to cause conduct that would make the victim feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(c) Conduct arising from posting the message would cause a reasonable person to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(d) Conduct arising from posting the message causes the victim to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

I have a lot of questions about that statute but, since Emory decided to plead it out, they won't get answered anytime soon.

Onward and upward,
airforce

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airforce
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The guy who prosecuted Paris Hilton for possession of cocaine has been busted for, well, you guessed it.

quote:
The Las Vegas deputy district attorney who prosecuted Paris Hilton for cocaine possession was arrested over the weekend after allegedly buying a rock of cocaine, authorities said on Monday.

Clark County Deputy District Attorney David Schubert, 47, was taken into custody in Las Vegas on Saturday afternoon and booked on one count of cocaine possession.

Schubert, who has prosecuted Hilton and pop star Bruno Mars on similar charges, was released on Sunday after posting bail and was scheduled for an initial court appearance on Monday....

David Schubert, welcome to AWRM! [Smile]

Onward and upward,
airforce

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airforce
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Well, it's official. Evan Emory got two months in the county jail for his unfunny little YouTube prank.

I don't know who's worse, him or prosecutor Tony Tague. They're both pretty much abominable.

Onward and upward,
airforce

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airforce
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Say hello to (former) Rock Island County State Attorney Jeff Terronez, who had a relationship with an underage girl. The kicker? Terronez was prosecuting another man for the same crime, with the same underage girl, at the same time.

quote:
The case involving former Rock Island County, Illinois State’s Attorney Jeff Terronez could open the door for a mistrial in the case that introduced Terronez to his victim.

Terronez pleaded guilty to providing alcohol to a minor. As part of the plea agreement, he resigned his position as State’s Attorney, lost his pension and agreed to never seek public office again.

The minor to whom Terronez provided alcohol was at the center of a previous case he prosecuted. In that case, United Township High School teacher Jason Van Houtte was accused of inappropriate contact with a female student who, at that time, was 15 years old.

Van Houtte was convicted and sentenced to ten years in prison.

Now an attorney representing Van Houtte says his client deserves a new trial.

“If he developed a relationship with the witness he should have disqualified himself,” said attorney Gerry Schick.

Schick said it is clear the prosecutor had a conflict and crossed the line.

Schick said he plans to pursue a post-conviction motion on behalf of his client, Jason Van Houtte.

Ya think?

Onward and upward,
airforce

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airforce
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The lead detective, Nicole Christian, is probably the real villain in this case, but Fairfax Commonwealth’s Attorney Raymond F. Morrogh deserves some of the blame, too. When the jury takes all of 47 minutes to acquit teacher Sean Lanigan of child molestation charges, it's a pretty darn good indication the charges should never have been brought.

And there's more. Way more.

quote:
...But when others – staff, parents – tried to tell Christian anything she didn’t want to hear, she threatened them with prosecution for obstruction of justice, the staff members and parents said. School district investigator Steve Kerr’s investigative report, written after Lanigan’s acquittal, confirmed those claims, noting that: “Because of the jury’s decision, the detective [Christian] advised that she will not pursue criminal charges against [staff member] or [staff member].” (...)
A teacher's life is turned upside down, because a student had a vendetta against him. There was ample evidence the charges were false, but prosecutors went ahead anyway. Detective Nicole Christian belongs in prison, but Raymond Morrogh made it into the AWRM Hall of Shame.

Onward and upward,
airforce

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airforce
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A judge in Texas has sentenced a woman to probation for spanking her own child.

quote:
A judge in Corpus Christi, Texas had some harsh words for a mother charged with spanking her own child before sentencing her to probation.

"You don't spank children today," said Judge Jose Longoria. "In the old days, maybe we got spanked, but there was a different quarrel. You don't spank children."

Rosalina Gonzales had pleaded guilty to a felony charge of injury to a child for what prosecutors had described as a "pretty simple, straightforward spanking case." They noted she didn't use a belt or leave any bruises, just some red marks....

If anyone knows who the prosecutor was who brought this case to the judge, please let me know.

Onward and upward,
airforce

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airforce
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Forrest Allgood has a, shall we say, spotty record as a prosecutor. Four people he has put in prison for murder (two of them on death row) have later been exonerated. You would think that, with a record like this, he would tend to be a little more careful with the cases he decides to prosecute.

Well, if you thought that, you would be wrong.

He isnow prosecuting for murder a teenager who suffered a miscarriage.

quote:
...Gibbs became pregnant aged 15, but lost the baby in December 2006 in a stillbirth when she was 36 weeks into the pregnancy. When prosecutors discovered that she had a cocaine habit – though there is no evidence that drug abuse had anything to do with the baby's death – they charged her with the "depraved-heart murder" of her child, which carries a mandatory life sentence.

Gibbs is the first woman in Mississippi to be charged with murder relating to the loss of her unborn baby. But her case is by no means isolated. Across the US more and more prosecutions are being brought that seek to turn pregnant women into criminals....

But, at the same time, a woman who ran over a bicyclist twice willnot be charged.

quote:
...The Starkville woman and a friend were riding their bikes on Mississippi 50 near Pheba in Clay County when a vehicle driven by Robbie Norton, 44, of Cedarbluff, struck her, carrying her 165 feet. When Norton stopped and Morgan slid off the hood of her car, officials said Norton got back in the car and apparently tried to move it out of traffic, but ran over Morgan again.

On Wednesday, District Attorney Forrest Allgood broke the news: Norton will not face felony charges.

Norton could not be reached for comment.

Members of the cycling community don't accept the situation in Morgan's case, said Jackson bicyclist Bruce Alt.

"There's an element of negligence here," said Alt. "Shouldn't there be an element of responsibility?" (...)

Sure, that makes sense.

Onward and upward,
airforce

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airforce
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And then there is Richard Schwartz of Tangipahoa Parish, Louisiana. He is still on the job, even though he was arrested twice for DWI, within two weeks, back in May.

As the prosecutor for Amite City, he doesn't prosecute DWI's which are handled by the Parish District Attorney's Office. But still...

Onward and upward,
airforce

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Here's something I'd like to see more of. The Virginia State Bar will publicly reprimand York-Porquoson Commonwealth Attorney Eileen Addison.

quote:
York-Poquoson Commonwealth’s Attorney Eileen Addison, who faced charges of professional misconduct.

Assistant Bar Counsel Kathryn Montgomery negotiated an agreed disposition for a public reprimand with Addison’s attorney, Rodney Leffler. An agreed disposition is comparable to a plea agreement. The disposition and the history of the case in question were explained during a conference call hearing with members of the Bar’s disciplinary board, Addison, Leffler, Montgomery and three clerks with the Bar.

Addison faced misconduct charges from her prosecution of Carlos Chapman, Marquis Edwards and Kwaume Edwards in the 2006 shooting death of Michael Tyler. Michael Morchower, the lawyer defending accused shooter Kwaume Edwards, alleged that Addison negotiated a plea agreement with Chapman’s lawyer, Doug Walter, for his testimony against his co-defendant Kwaume without notifying the defense. Morchower filed a motion for a new trial in May 2007, and Kwaume was acquitted.

In her agreed disposition, Addison acknowledged that she had violated two rules. First, she failed to make a timely disclosure to the defendant’s counsel of evidence that could negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment. Second, she violated the rules of professional conduct.

During the conference call hearing, Montgomery said she was satisfied with the disposition because Addison has no prior record of misconduct.

Leffler said Addison was unaware that Chapman’s lawyer, Doug Walter, had told his client he would likely get a plea agreement after Kwaeme’s trial concluded. In letters, Walter told Chapman that if he had a plea agreement in place before Kwaeme’s trial, Morchower could argue the agreement impeached his testimony.

Leffler said Addison wished she had approached the bench in court when Chapman, under oath, testified a plea agreement offer had never been made. “She felt this is in the best interest of the Bar, the profession and the right thing to do,” he said. “She does embrace this disposition and asked the board to impose it.”

Barbara Lanier, clerk of the disciplinary system for the Virginia State Bar, said that if the board had not accepted her disposition, they could have sent her case on to a hearing date set for Sept. 23 or opted to suspend her for up to 60 days.

Addison is currently running for reelection for her position as Commonwealth’s Attorney, facing challenger Ben Hahn in the Aug. 23 Republican primary. In April, Hahn resigned from his position as an assistant commonwealth’s attorney in her office and declared his candidacy.

Timeline of Tyler Murder Trial

May 4, 2006: Michael Tyler shot as he approaches a car in York County, dying shortly after. Police arrest driver Marquis Edwards, front seat passenger Kwaume Edwards and backseat passenger Carlos Chapman. A gun is found hidden under clothing in the backseat.
May 11, 2006: Eileen Addison meets with Investigator Kevin Rowe, who says Chapman has changed his account of the shooting. He now says Kwaume, not Marquis, was the shooter. Marquis later corroborates this account.
Aug. 27, 2006: A competency and sanity report indicates Chapman has below average intellect. Based on this and his limited role in the shooting, the prosecution agrees the felony case against him is very weak.
Aug. 31, 2006: Addison discusses the possibility of a plea agreement for Chapman with his lawyer, Douglas Walter. Her notes indicate that she discussed a possible plea agreement on the condition Chapman testifies against Kwaume.
Sept. 16, 2006: The Virginia Commonwealth’s Attorney’s Case Information System for York County event page for Chapman’s case says, “Likely to be a plea agreement with Def testifying against co-Def(s).”
October 2006: In multiple letter exchanges, Chapman and Walter discuss the possibility of the defendant getting a plea agreement.
Nov. 3, 2006: Addison and Walter discuss continuing Chapman’s trial date after Kwaume’s trial. Addison indicated that, in view of Chapman’s minimal culpability and limited intellect, “we can probably resolve it with misdemeanors.” Walter advised his client of the discussion.
Nov. 14, 2006: Assistant Commonwealth’s Attorney Leslie Siman-Tov sends a letter disclosing information to Morchower. She said that she was unaware of the possible plea agreement and did not disclose the information.
Dec. 15, 2006: Walter writes Chapman a letter explaining that a plea agreement cannot be set until after Kwaume’s trial so that he would “honestly be able to testify that you have no set formal agreement in place.”
Dec. 15, 2006: Morchower files a motion for discovery, asking for any evidence affecting the credibility of any prosecution witness, including any information about an oral or written plea negotiation. Siman-Tov asks Addison if there is a plea agreement and she responds they’ll have to wait and see.
March 30, 2007: Addison’s co-counsel meets with Chapman and Walter to prepare his testimony. Addison is unavailable. At the meeting, Chapman is told there is no plea agreement. In April, they tell Morchower the same. Addison says she was unaware of his request for material or Siman-Tov’s response, partially because she was often out of the office from January to April while caring for a terminally ill friend.
April 24, 2007: Siman-Tov meets with Chapman and again indicates there is no plea deal. She also was unaware Addison had said his charges could be lowered to misdemeanors. Addison later admitted she should have made sure Siman-Tov asked Chapman if he expected consideration for his testimony.
April 26, 2007: Chapman testifies at Kwaume's trial that Kwaume was the shooter. He testifies he has no agreements with the prosecution and had not been offered consideration for his testimony. Addison remains silent
April 27, 2007: Jury finds Kwaume guilty of second degree murder, use of a firearm in a murder and shooting from an occupied vehicle. Addison and Walter work out a plea agreement for Chapman.
May 3, 2007: Chapman’s plea agreement is approved. He pleads guilty to two class 1 misdemeanors. He receives 12 months in jail and credit for time served.
May 11, 2007: Morchower files motion for new trial for Kwaume, alleging the Commonwealth failed to disclose its plea agreement understanding with Chapman, and alleging the Commonwealth knowingly elicited untruthful testimony regarding a plea agreement.
May 24, 2007: At a motion for a new trial, Addison learns of the correspondence between Walter and Chapman regarding a plea agreement.
Aug. 7, 2007: Court finds Kwaume was prejudiced by the non-disclosure of the plea agreement. In his retrial, Chapman does not testify and Kwaume is acquitted of both charges.
Late 2007: Addison tells a bar investigator that she was under no obligation to disclose her Nov. 3, 2006 comment to Walter because it was not an agreement. She says she was unaware Chapman had heard about this comment until May 2007 and maintains she would have offered the same thing without his testimony due to his minimal culpability and limited intellect.

Onward and upward,
airforce

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airforce
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Do prosecutors have excessive immunity? A Cato Institute Daily Podcast featuring David Rittgers. About 14 1/2 minutes.

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airforce

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A District Attorney in Waco, Texas, is opposing post-conviction DNA testing in a triple murder case. Anthony Melendez was convicted for the 1982 murders of three teenagers. McLennan County District Attorney Abel Reyna opposes the testing--at the defense's expense--because an exoneration would override the decision of the jury.

I'm not kidding.

quote:
The McLennan County District Attorney’s office will oppose a request for new DNA testing in the decades-old Lake Waco triple murders case.

Waco attorney Walter M. Reaves filed a motion asking for the testing Wednesday. It is part of an effort to exonerate Anthony Melendez, the only living defendant in the 1982 slayings of three teenagers.

In the motion, Reaves argues the testing is warranted because DNA analysis was not available when Melendez was convicted. He pleaded guilty but has since recanted, claiming he falsely confessed because his lawyers told him he would almost certainly get the death penalty if he went to trial.

Waco attorney Walter M. Reaves filed a motion asking for the DNA testing in the Lake Waco trople murder case Wednesday. It is part of an effort to exonerate Anthony Melendez, the only living defendant in the 1982 slayings of three teenagers

The motion does not ask the state to pay for the DNA testing. It only asks that 54th State District Judge Matt Johnson order the testing be done...

Reyna said every request for post-DNA conviction must be carefully considered.

But in general, he doesn’t support such testing because it overrides what a jury decided, he said....

Um...

Onward and upward,
airforce

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Breacher
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Who the hell would elect someone who would argue to keep a man from being exonerated by scientific evidence?

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Texas Resistance
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Juries aren't gods. Most jurors are stupid sheeple who are lead around by the nose by the prosecutor. Anthony Melendez should have never plead guilty to murdering 3 teenagers if he was innocent. Abel Reyna is a real sorry damn prosecutor not wanting to see justice served.

[ 10-17-2011, 04:40 PM: Message edited by: Texas Resistance ]

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www.TexasMilitia.Info “Seek out and join a lawful Militia or form one in your area. If you wish to remain Free you will have to fight for it...because the traitors will give us no choice in the matter” William Cooper

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airforce
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Lisa Riniker, District Attorney for Grant County in Wisconsin, is the latest addition to AWRM's Prosecutor's Hall of Shame. She charged a six-year-old boy with first degree sexual assault after playing "doctor" with two five-year-old friends.

You just can't make this stuff up.

quote:
A 6-year-old Grant County boy has been accused of first-degree sexual assault after playing "doctor" with two 5-year-old friends.

Now, a federal lawsuit has been filed against the prosecutor, who attorneys said is trying to force the boy to admit guilt.

The boy's parents had planned to speak with WISC-TV on Monday to discuss the emotional toll the prosecution has taken on their son. But the prosecutor, Grant County District Attorney Lisa Riniker, on Monday morning asked a judge for a gag order in the case and was granted it. The gag order prohibits the boy's parents from talking about the case.

But the attorneys for the parents in the federal suit, which names Riniker as a defendant, can aren't included in the gag order, and they spoke with WISC-TV from Chicago.

Attorneys for the parents of the 6-year-old, who is being referred to as "D," said that Riniker has gone too far by bringing a felony sex charge against a first-grader for touching a 5-year-old girl inappropriately while playing doctor last fall.

"That behavior by a prosecutor is outrageous," said Christopher Cooper, an attorney for the boy's parents.

Cooper and attorney David Sigale filed the federal suit last week, alleging that Riniker wants D to sign a consent decree admitting some level of guilt.

"We're certainly hoping to vindicate D in the eyes of the law," Sigale said.

"He (the boy) says he didn't do it, and the little girl says he didn't do it. The little girl says he touched the back of one of her buttocks," Cooper said.

The attorneys are also asking for about $12 million in damages from Riniker and two co-defendants.

Cooper and Sigale said they are prepared to present evidence that D has been psychologically harmed by the court proceedings and is terrified of going to jail.

"She (Riniker) bypassed the parents and sent a 6-year-old boy a summons, on which is a threat that the 6-year-old will go to jail for failure to appear," Cooper said.

The attorneys said they have sought the opinion of many experts who said that children "playing doctor" is not a sex crime.

"(The experts say) a 6-year-old child is unable to intellectually and emotionally associate sexual gratification with the act that D has been accused of committing," Cooper said.

In justification for the charge, Riniker is quoted in the lawsuit saying "the Legislature could have put an age restriction in the statute ... the legislature did no such thing."

The lawsuit also alleges the charges were brought because the 5-year-old is the daughter of a high-ranking official in Grant County.

Repeated calls to Riniker and an attorney for she and two co-defendants have gone unanswered since Friday, WISC-TV reported.

Riniker went to Judge Bill Dyke, who is handling the case from Iowa County, and he issued a gag order for the parents Monday morning. WISC-TV has not received a copy of the order nor a reason for its issue.

Onward and upward,
airforce

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Lord Vader
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I would call Riniker a bitch, except that would be very insulting to one of Gods most noble creatures, dogs which I love, so I will just say that she is total scum and is worse then what a hog leaves behind.

After we are victorious and win the soon coming Civil War or Revolution, this pile of hog excrement will join the rest of the scum that will be found guilty of Crimes against the People and will meet her end slowly and painfully on Pay per View, so that the People will see true justice.

In the meantime I hope that the boys parents win their suit and receive every single cent that they are suing for. It is just a shame that the judgment will not have to come out of that female scum's wallet.

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As is typical in our distorted society and criminal justice system, the male is classified as a criminal at birth. Just waiting for the opportunity to demonstrate who will excercise power and control over whom.

Everything is backasswards and upside down
The tail wags the dog

These are the death throes of deranged society

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airforce
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quote:
Under seven years of age indeed an infant cannot be guilty of felony; for then a felonious discretion is almost an impossibility in nature: but at eight years old he may be guilty of felony.
--William Blackstone, Commentaries on the Laws of England. Just what the heck do they teach in law school these days?

Onward and upward,
airforce

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Tyranny and the Rule of Prosecutors, by William Anderson. Maybe this is starting to gain some attention.

Onward and upward,
airforce

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The New York Times, not exactly a bastion of liberty and justice, has a profile of Lake County, Illinois, District Attorney Mike Mermel. it's too long to post here in its entirety, but here's some highlights:

quote:
While some of Mermel’s tactics have drawn the ire of defense lawyers, others give him grudging respect for his skill in the courtroom. “He’s a very effective trial lawyer,” Stone said. “But his view of the world is very narrow.” In the case of Juan Rivera, Lake County prosecutors have been able to convince juries, not once but three times, that he was the murderer, despite DNA evidence in the last trial that powerfully suggested otherwise. (Mermel was the lead lawyer on the third trial and assisted in the second.)

“We don’t fold our tents and run,” Mermel told me when we spoke this spring. “We don’t quaver because somebody holds up three letters: DNA.”

When I asked him specifically about the Rivera case, Mermel said that sometimes post-conviction evidence is irrelevant. “The example I like to give people is next time you go to a motel room, bring a plastic bag, because the dirtiest thing in that room is the remote control. Everybody has sex and then rolls over and goes, ‘I wonder what’s on?’ ” he said. “O.K., so you can find DNA in the form of sperm from 10 different people in that room from that remote control or even on a person who has touched it. And that woman gets murdered in that room tonight, and you are going to have a lot of DNA. Is it all going to be forensically significant?”

His theory for why there was sperm that did not come from Juan Rivera inside 11-year-old Holly Staker on the day she was murdered is, to his mind, simple and straightforward. She and her twin sister, Heather, were sexually active, Mermel argues, and Holly must have had sex with someone else before Rivera came along and raped (but didn’t ejaculate) and murdered her. There was scant evidence to support this sexual-activity theory, but Mermel dismissed that objection. “Nobody is going to admit to having sex with an 11-year-old girl, even if the statute of limitations has run out,” he told me. “But there was a lot of evidence that came to our office that these two girls were sexually active.”

Actually, there wasn't. There was no evidence at all they were sexually active. But that's how Mike Mermel operates. In another case:

quote:
When a DNA test in 2003 showed that the semen in the underwear of a 68-year-old woman didn’t belong to Bernie Starks, a man convicted in 1986 of raping and murdering her, Mermel dismissed the results because the semen came from the victim’s clothing. Had it come from the woman’s vagina, Mermel said, “I would be standing over there advocating the side that the defense has in the case.”

Three years later, defense attorneys found the rape kit and tested semen recovered from the woman’s vagina. Again, there was no match. Mermel again wouldn’t budge, this time arguing that the woman must have had sex with someone else just before the rape.

Mermel’s biggest blunder was Jerry Hobbs, who was arrested in 2005 on charges of raping and stabbing to death his 8-year-old daughter and her 9-year-old friend. Hobbs confessed to the killings, but only after 16 straight hours of questioning that began after he’d spent the previous night looking for the girls….

When Hobbs’ attorneys revealed in court in 2008 that DNA tests showed the semen found in the mouth, rectum, and vagina of Hobbs’ daughter didn’t belong to Hobbs, Mermel postulated that the foreign semen must have found its way into the girl’s body while she was playing in a patch of woods where teenagers were known to have sex. The girl had been found fully clothed.

But back to the Rivera case. Just how was his "confession" obtained?

quote:
When Lou Tessmann retired from the Waukegan police in 2005, the Illinois House of Representatives passed a resolution praising his two decades of service. The resolution noted that Tessmann, a former Marine, is “well known for his interrogation techniques on suspects of crimes.”

Since then, Tessmann has traveled the country offering seminars to police officers on how to investigate homicides and interrogate potential suspects. “Mr. Tessmann has obtained over 80 homicide confessions during his career with only three instances where he was unable to obtain a confession from a homicide suspect” — a 96 percent success rate — according to the Web site of his employer, Wicklander-Zulawski & Associates.

It was Tessmann who was sent in to interrogate Rivera around 11:30 a.m. on Oct. 30, along with Sgt. Michael Maley of the Illinois State Police. In the hour or two before the interview began, Rivera was hitting his head against a glass window and was then on the floor with his wrists and ankles cuffed behind him. Tessmann, however, described Rivera as “very comfortable, very relaxed” during the interview.

Though Tessmann arrived at the police station roughly seven hours before the interview, he testified that he wasn’t aware of Rivera’s previous confession. (One of his colleagues testified that he gave Tessmann the statement that morning.) He said that Rivera willingly recounted the crime, which then cleared up many of the issues that prosecutors considered problematic.

Yeah, right. And how did Mermel use Tessmann at the trial?

quote:
In his closing argument in the third trial, Mermel told jurors that the case basically came down to whom they believed: the police or the DNA evidence? “Is there anything in the makeup of any of those men that would lead you to believe that they were the kind of people who had dedicated their lives to this profession, yet just decided to just frame this poor innocent Juan Rivera because they were tired of investigating and wanted to go home?” he said.

What the jury didn’t know was that Mermel had already successfully argued against the admissibility of any evidence that might cast doubt on Tessmann’s credibility. For instance, Tessmann said in a 1990 deposition and in an official biography that he earned an English degree from the University of Wisconsin. But the school’s 13 four-year colleges have no record of him ever attending. (In fact, he graduated from Northeastern Illinois University.) In 1989, Tessmann and four other police officers were sued for allegedly breaking into the wrong home during a police raid and injuring a woman who was seven months pregnant. The woman’s lawyer accused the police of writing reports to cover up their conduct and charged that Tessmann “took the lead in creative drama.”

According to documents provided by defense lawyers, a judgment was entered against Tessmann and the other officers for $48,500 in that case, and two years later, another judgment of $71,500 was entered against Tessmann in a case brought against him by a man who was wrongfully arrested for robbery.

A decade later, in 2001, a woman named Colleen Blue was charged with murder after she confessed to killing her newborn. Tessmann, then a commander, said to a reporter for The Chicago Daily Herald, “She told us she had six kids already and just did not want to deal with another one.” He added: “She said she gave birth to the baby when she was all alone, put him in the bag and walked off. She told us she could hear the baby crying until she got close enough to the street that the passing cars drowned out the sound.”

Charges against Blue were dropped when DNA testing revealed it wasn’t her baby.

So Mermel tells the jury if they acquit because of the DNA evidence, they would be insulting the reputation of an honorable officer--right after he has successfully argued to prevent the jury from learning of the officer's less-than-honorable past.

Onward and upward,
airforce

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airforce
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Regarding the post above, the Sheriff of Lake County is now calling for Mike Merman to resign. I'd agree, except I think Merman should resign for what he's done, rather than what he's said to the press, but I'm not one to quibble.

quote:
Lake County Sheriff Mark Curran is calling for longtime county prosecutor Michael Mermel to be fired for making “inappropriate statements” to the media that Curran said reflect poorly on Lake County’s criminal justice system.

Curran said Thursday he voiced his concerns about Mermel during a closed-door meeting with State’s Attorney Michael Waller Thursday morning.

Though it’s unusual for an elected sheriff to call publicly for a prosecutor’s dismissal, Curran said he did so because of his “disgust” with Mermel’s comments to the media and because of Curran’s respect for the constitutional process.

He cited comments Mermel reportedly made in a recent New York Times story about murder suspects in Lake County who’ve been targeted for prosecution even after DNA evidence pointed to other possible perpetrators…

The sheriff said it’s important for the public to recognize that “Mr. Mermel’s comments are not reflective of the overall majority of law enforcement officials that have made numerous sacrifices and dedicated themselves to seeking justice.”

If that's the case, The sheriff should have called for Merman's resignation years ago.

Onward and upward,
airforce

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airforce
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Well, this is a step in the right direction. Judge A. Howard Matz, a federal judge in the Central District of California, has dismissed a case due to misconduct on the part of prosecutors.

quote:
So it is with deep regret that this Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in violation of the Court’s rulings, engaged in questionable behavior during closing argument and even made misrepresentations to the Court....

...The Government has acknowledged making many “mistakes,” as it characterizes them. “Many” indeed. So many in fact, and so varied, and occurring over so lengthy a period (between 2008 and 2011) that they add up to an unusual and extreme picture of a prosecution gone badly awry. To paraphrase what former Senator Everett Dirksen supposedly said, “a few mistakes here and a few mistakes there and pretty soon you’re talking misconduct.” (...)

Is it true that federal prosecutors would have to murder babies before any judge will hold them accountable? Not quite, and maybe the tide is finally turning.

Onward and upward,
airforce

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Breacher
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Everyone wants to hate the California legal system, but as states go, the sheer size of the state and its legal system is such that it becomes nearly impossible for any single group to totally control every court and every judge all of the time, so no single "club" has a handle on the entire court system there and if one club steps on the turf of another club in the wrong way, this sort of thing happens. Even among the judges, there are so many judges in California that if they start banding together on something, they are a force of their own.

What they tend not to like is getting lied to, but they tolerate it much more from the government side since that is considered "part of the club" until it reaches the point that it is so blatant and so obvious that the judges decisions will obviously not outlast their time on the bench and no judge like to be the one whose rulings and convictions are constantly overturned then get embroiled in some controversy over lying cops and witnesses. We don't even know the names of the judges involved, but among the judges in the cases that arose out of the LAPD Rampart Division cases where hundreds of prisoners were let go, there were several judges involved with those cases whose credibility was shot to hell when they continued to try and maintain the credibility of the system, and eventually they had no choice (it was self preservation0 but to throw it back on the police.

Lawyers in federal practice are always looking for reasons to disqualify a judge and toss a judge off the bench, so if a federal judge sees that coming, he or she will toss an FBI agent and prosecutor under the bus of illegitimacy any day of the week rather than face not just a hearing on removal from the bench but the disbarrment that can go along with it.

As much as a lot of people want to cry about Jewish conspiracies in the court systems, one element of it is true, Jewish people are overrepresented in the courts as lawyers and judges, but that also puts traditionally conservative Jewish religious law standards as an implied standard in the courts so there is a backdoor standard of religious legitimacy that goes hand in hand with legal actions that Jews participate in if they want to have any standing in the Jewish legal community. A judge habitually allowing that sort of thing and with a name like Matz would likely see not just him, but his entire family shunned from the local Jewish community if some lawyers started complaining loudly to the Rabbis about how the judge was allowing Nazi style court proceedings.

I have met people where that sort of thing started happening, they were seen at some pro-Palestinian rally in the SF bay area, and whammo, the lady's kids were denied visas to enter Israel, which meant they got booted from some special school for being unable to complete one of the programs that required part of the study to be done there, which meant that the entire family suffered a level of shunning from the Jewish community.

In that court case, it looks to me like a situation of skilled corporate lawyers getting things done for their client, while a group of shifty feds were trying to squeeze some rich folks running a corporation on some nuances of foreign trade law which few people are fully versed in or make sense of.

I hate to sound racist about it, but I am seeing that sort of thing with the socially promoted shall we say, affirmative action appointment, types who got into the legal profession and were given positions in the government where they think any prosecution can be run "ghetto style" in order to "get the bad guys" but there is a difference between enforcing some fairly plain and clear rape, robbery, and dope dealing laws on ghetto thugs and corporate law on people who are trying to get things done legally but run into government red tape and political reality which blocks progress unless effectively dealt with.

Only some fairly wealthy people are going to be able to press the level of defense that happened in that case, but the level of government thuggery in using the prison system to financially squeeze folks and still cheat the game is telling on how the FBI and their cohorts expect to be allowed to act when it is just a financial matter. That's why I pretty much refuse to believe it when they claim they "can't do anything" on those terrorism cases without new laws and powers. There is very little not already being done in regular cases.

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Life liberty, and the pursuit of those who threaten them.

Trump: not the president America needs, but the president America deserves.

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airforce
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Well, I won't have Mike Mermel to kick around anymore. Under fire from freedom lovers everywhere, he's decided to retire.

quote:
Longtime Lake County prosecutor Michael Mermel, under fire for "inappropriate" comments he made to news media about the prosecution of cases in which DNA evidence did not match the defendant, will retire in January.

Wednesday's announcement by State's Attorney Michael Waller came days after Sheriff Mark Curran called for Mermel's dismissal over statements dating to 1995 that Curran said reflect poorly on the county's criminal justice system.

In his statement, Waller sought to distance himself from Mermel, whom he praised in a 2009 newsletter as a "prosecutor's prosecutor."

"The comments attributed to Mike Mermel do not reflect my views on the role of the Lake County State's Attorney's Office," the statement said, "nor do they reflect the manner in which my staff has conducted themselves over the last 21 years. The sole duty of my office is to seek justice. That duty will continue to be the exclusive mission of the Lake County State's Attorney's Office."

Waukegan defense attorney Jed Stone questioned Waller's sincerity and timing, since Mermel has made controversial statements for years under Waller's watch.

In October 2010, Mermel was quoted in the Tribune as saying: "The taxpayers don't pay us for intellectual curiosity. They pay us to get convictions."

The job of a prosecutor is not to obtain a conviction, but to do the right thing, Stone argued....

I would rather that he spend his retirement in federal prison, but this will do.

Onward and upward,
airforce

Posts: 16687 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
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