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F is for Fascism (Ferguson MO)

Baltimore probes death of man in police custody

Statement from the family's lawyer:

"What we know is that while in police custody for committing no crime, for which they had no justification for making an arrest except that there was a black man running, his spine was virtually severed, 80 percent severed in the neck area, and he died of those injuries," Murphy said.
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And from the police:

"That is truly what we want to find out. There was no evidence — I can say with certainty — we have no physical, video or any other evidence that an altercation" resulted in injury, he said.
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The DOJ was already investigating the police department at the request of the police commissionor after outrage over this article:

UNDUE FORCE

The city has paid about $5.7 million since 2011 over lawsuits claiming that police officers brazenly beat up alleged suspects. One hidden cost: The perception that officers are violent can poison the relationship between residents and police.
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Chicago police officer found innocent in fatal shooting of unarmed woman

Damn. He wasn't even on duty. Fired five shots into a group of people after mistaking a cell phone for a gun.

A Cook County judge on Monday found a Chicago police officer not guilty on charges he fatally shot an unarmed woman.

In an unusual move, the judge found police officer Dante Servin not guilty without Servin even having to put on a defense.

Servin was an off-duty Chicago Police detective in March 2012 when he fatally shot 22-year-old Rekia Boyd and injured her friend Antonio Cross after confronting them and two others about the raucous gathering by his home near Douglas Park.
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I'm confused, maybe I'm reading that story wrong? It sounds like the judge found him not guilty because he actually did something much worse than the charges they brought?
 
So the prosecutors brought lesser charges than the evidence supported and somehow that permitted a directed verdict for the defendant? I mean either the author of that article doesn't understand what actually happened or that was just a clearly incorrect decision.

ETA: brain fart - thanks wfumike02...crim must be taught in 13L
 
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tiltdeac said:
I'm confused, maybe I'm reading that story wrong? It sounds like the judge found him not guilty because he actually did something much worse than the charges they brought?
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Yeah, it reads that way. To the degree that's the case, the decision is clearly erroneous.

Numbers - once there's a finding of not guilty jeopardy has attached. No appeal.
 
Lol yeah...so used to civil that I was thinking on that front. Gonna have to spend almost all my time on crim for the bar. Especially since I have total brain farts on shit that people learn when they're like 15.

ETA: On this specific front though it seems pretty bizarre. Theoretically if someone is found to have done something intentionally does that encompass all lesser forms of culpability on the criminal side?
 
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Sounds like the judge determined that the prosecutors had not proved recklessness.

"Simply put: The evidence presented in this case does not support the charges on which this defendant was charged and tried. There being no evidence of recklessness as a matter of law, there is no evidence to which the state could sustain its burden of proof to the fourth charge of involuntary manslaughter," Judge Dennis Porter said. "Therefore, there is a finding of not guilty on all counts and the defendant is discharged."
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So he drove the wrong way down a one-way street, shot into a group, killed someone other than his intended target, but was not reckless.

Link
 
Wakeforest22890 said:
Lol yeah...so used to civil that I was thinking on that front. Gonna have to spend almost all my time on crim for the bar. Especially since I have total brain farts on shit that people learn when they're like 15.

ETA: On this specific front though it seems pretty bizarre. Theoretically if someone is found to have done something intentionally does that encompass all lesser forms of culpability on the criminal side?
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Yes. The higher mental states include the lower ones. I.E., if the court found he acted intentionally (which is the only one higher than recklessly) then reckless conduct is included that.
 
Okay so the judge's comments really don't make any sense it seems. If the evidence supported an intentional mindset, it would also cover recklessness.
 
Yeah, legally it makes no sense. Expect there to be fallout from this.
 
http://www.myfoxchicago.com/story/2...ew-security-procedures-at-criminal-courthouse

Judge seems like a nice guy too:

"The showdown started last April when Sheriff Tom Dart sent a letter to Cook County's Chief Judge Tim Evans, outlining new security requirements for anyone trying to access the area that includes the judge's parking lot.

In addition to showing an ID, "all vehicles... will be subject to higher level security checks. Officers will conduct a visual examination of the passenger area and trunk or cargo area of those vehicles."

But within days, there were problems. The officers who work this checkpoint began filing incident reports about judges refusing to show id's or pop their trunks.

Judge Peggy Chiampas is quoted as yelling: "Do you have a warrant? Without a warrant I will never open my trunk."

Another report says Judge James B. Linn "...continued his tirade stating 'this is bulls**t' and used other profanities."

When asked to show his ID upon exiting, Judge Dennis Porter allegedly said: "I am the same judge I was this f**king morning. F**k you!"
 
The more I read about the case, the more ridiculous it sounds. The judge all but says, "Yeah, he definitely murdered him, but you guys didn't charge him with the right crime, so suck it."
 
PhDeac said:
There's no point in having a justice system when police can dispense vengeance when they feel like it. We need to weed out the scared pussies who lose sight of all reason when one of them gets shot while doing their damn job.
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You're such a fucking phony. You pollute these board with your racist agenda but never once have you stood up to say there's a problem in the black community with crime and violence. Young black lives are wiped out every day by gangs but youd rather focus on cops because that lets you play the victim card. You don't care about black lives. You care about being a victim and making a buck off it.
 
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