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Re: Crime & Justice
[Re: Just Lou]
#714680
05/08/13 05:09 PM
05/08/13 05:09 PM
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Joined: Aug 2002
Posts: 17,300 New York
Sicilian Babe
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Joined: Aug 2002
Posts: 17,300
New York
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Arias verdict at 4:30PM EST. After watching the OJ and Casey Anthony trials, it won't shock me if she walks. She was found guilty of first degree murder.
President Emeritus of the Neal Pulcawer Fan Club
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Re: Crime & Justice
[Re: Sicilian Babe]
#714684
05/08/13 05:13 PM
05/08/13 05:13 PM
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Joined: Aug 2002
Posts: 8,389 Staten Island / New Jersey
Just Lou
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Joined: Aug 2002
Posts: 8,389
Staten Island / New Jersey
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Arias verdict at 4:30PM EST. After watching the OJ and Casey Anthony trials, it won't shock me if she walks. She was found guilty of first degree murder. Yeah, I was listening. ..I didn't follow the trial that closely, but from what I did see, there was a lot of evidence against her, and little if any to support her defense.
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Re: Crime & Justice
[Re: olivant]
#715537
05/13/13 06:48 PM
05/13/13 06:48 PM
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Joined: Oct 2011
Posts: 3,571
Scorsese
Underboss
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Underboss
Joined: Oct 2011
Posts: 3,571
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Ray of light for cons jailed in slays after work by retired NYPD Detective Louis Scarcella comes under cloud Brooklyn DA to reopen about 50 murder cases after conviction of David Ranta is tossed amid charges of coercing suspects and witnesses Comments (40) BY SIMONE WEICHSELBAUM , VERA CHINESE AND BARRY PADDOCK / NEW YORK DAILY NEWS SUNDAY, MAY 12, 2013, 11:03 PM ENID ALVAREZ/NEW YORK DAILY NEWS David Ranta, who served over 20 years in jail in the slaying of a Brooklyn Rabbi, was freed this year after his conviction was thrown out because of shoddy police work by Scarcella. Now that every murder conviction linked to a retired NYPD detective will be reexamined, men he put behind bars are hoping their names will at last be cleared. About 50 cases that Detective Louis Scarcella worked will be reopened by the Brooklyn district attorneyās Conviction Integrity Unit in the wake of a judgeās decision to toss David Rantaās conviction two months ago. Ranta served more than two decades in prison in the killing of a Brooklyn rabbi before Scarcellaās shoddy police work came to light. One witness, only 13 at the time of the investigation, claimed Scarcella coached him to pick Ranta out of a lineup. Ranta, 58, was not the first man freed because of questions about the integrity of Scarcellaās work. āItās despicable, in this time and age, for people who are innocent to still be sitting in jail,ā said Derrick Hamilton, who was paroled in 2011 after the Daily News reported Scarcellaās only witness had recanted her claim that Hamilton killed her boyfriend. Hamilton, 47, is still fighting to get a judge to officially clear his name. āNow that itās revealed that Scarcella is who he is and his real character is coming out, I'm hopeful,ā Hamilton said. When Scarcella arrested him, the detective made a shocking admission, according to Hamilton. āHe told me, āI know you didnāt commit this murder, but I donāt care,ā ā he said. Hamilton, who had previously done six years in prison on a manslaughter rap, says Scarcella told him he was being pinned for the new case because he didnāt do enough time for the old one. Scarcella, 61, decline to comment as he entered his Staten Island home Sunday. āIām sorry I canāt speak to you,ā he said. āEnjoy Motherās Day.ā A spokesman confirmed Brooklyn District Attorney Charles Hynes was reviewing about 50 cases tied to Scarcella, but declined to comment further. In a 1985 murder Scarcella investigated, Alvena Jennette, 49, was convicted with his brother Darryl Austin. Jennette was released in 2007, but his brother died in prison. The only witness to their crime was drug addict Teresa Gomez. Gomez claimed in court to have also seen two separate murders by Jennetteās stepbrother, Robert Hill, who was acquitted of the first and convicted of the second murder. He remains in prison. Gomez testified in court in other murder cases Scarcella investigated, The New York Times reported, and may have been rewarded for her cooperation. āHow is it possible a detective could use a witness in that many murder trials without any red flags being raised?ā Jennette asked. Because he is out of prison, Jennetteās case will likely be a lower priority for review. āI still have a murder conviction,ā said Jennette, a construction worker. āDo you know how hard it is to find a job?ā Lawyer Ron Kuby is representing another man Scarcella helped put away, Shakaba Shakur, 48, who is 26 years into a 40-years-to-life murder sentence. Kuby says Shakurās confession, which his client denies ever making, parallels Rantaās questionable confession. Scarcella somehow managed to get admissions ā which were not witnessed, recorded or written. āYouād think after two or three or five of these magical confessions, some judge somewhere would say, āHmm . . . ā ā Kuby said. Kuby acknowledges not all of the people Scarcella arrested can be innocent. āEven a blind squirrel finds a nut now and then,ā he said. With Shane Dixon Kavanaugh and Erin Durkin Read more: http://www.nydailynews.com/news/crime/dozens-murder-cases-new-article-1.1342215#ixzz2TDQyHZrr
Last edited by Scorsese; 05/13/13 06:49 PM.
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Re: Crime & Justice
[Re: olivant]
#715978
05/16/13 07:28 PM
05/16/13 07:28 PM
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Joined: Jan 2008
Posts: 5,325 MI
Lilo
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Joined: Jan 2008
Posts: 5,325
MI
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These two occurrences are rather disturbing if the facts are as reported. In one situation the police beat a man to death and then supposedly without warrant confiscate the phones of witnesses who viewed/recorded the incident, in one instance preventing a man from leaving his home for three hours until he gave up his phone. http://www.nytimes.com/2013/05/15/us/fat...ublic.html?_r=0 LOS ANGELES ā When Maria Melendez emerged from Kern Medical Center in Bakersfield, Calif., just before midnight last Tuesday, she said, she heard screams that have kept her awake at night for an entire week.
A half-dozen Kern County sheriffās deputies were across the street beating a man with clubs and kicking him, she said. So she whipped out her mobile phone and began to video the episode, announcing to the officers what she was doing.
For about eight minutes, Ms. Melendez said, the man screamed and cried for help. Then he went silent, she said, making only choking sounds.
Finally, having hogtied him, a number of witnesses said, two officers picked up the man and dropped him, twice. One deputy nudged the man with his foot. When he did not respond, they began CPR...Ms. Melendez said she recorded the entire episode on her phone, as did her daughterās boyfriend. But before they could send the videos to news media outlets, detectives from the Kern County Sheriffās Office took their phones before a warrant for them had even arrived, Ms. Melendez and her family said... In another story a couple is arguing and someone outside of the home mistakes this for domestic violence. The police arrive and despite not having a warrant kick down the door and tase the couple. http://jonathanturley.org/2013/05/16/cou...d-taser-couple/This video shows a confrontation between a couple in Cotati, California and police after the police were called to investigate a domestic violence complaint. The couple tells the police that they were simply yelling in an argument and refused to allow the police to enter without a warrant. The police respond by kicking down the door and tasering the couple.
In defense of the police, it is not clear if they can actually see the couple, particularly the wife. In a case of possible domestic abuse, police need to see the occupants to ensure that someone is not being or has been beaten. If the police were to simply leave based on verbal responses, there could be a victim found later who was unable to break free or seek help. I can understand the reluctance of the police to leave the scene without a visual on the couple. However, they could have sought a telephonic warrant.. ..
"When the snows fall and the white winds blow, the lone wolf dies but the pack survives." Winter is Coming
Now this is the Law of the Jungleāas old and as true as the sky; And the wolf that shall keep it may prosper, but the wolf that shall break it must die. As the creeper that girdles the tree-trunk, the Law runneth forward and back; For the strength of the Pack is the Wolf, and the strength of the Wolf is the Pack.
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Re: Crime & Justice
[Re: klydon1]
#716933
05/22/13 03:42 PM
05/22/13 03:42 PM
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Joined: Feb 2003
Posts: 15,029 Texas
olivant
OP
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OP
Joined: Feb 2003
Posts: 15,029
Texas
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Kly, while the 14th amendment precludes states from denying citizens equal protection of the law, I don't find any similar constitutional provision that applies the same preclusion to the federal government. Your comments? The Equal Protection Clause of the 14th Amendment applies to the federal government through the Due Process Clause of the Fifth by way of reverse incorporation. The doctrine is found in Bolling v. Sharpe. As usual, thanks Kly. It's been decades since I read Bolling and then only a syllabus. I'll read it again, but it appears like a convoluted path (now I'm writing like a strict constructionist).
"Generosity. That was my first mistake." "Experience must be our only guide; reason may mislead us." "Instagram is Twitter for people who can't read."
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Re: Crime & Justice
[Re: olivant]
#717182
05/24/13 10:50 AM
05/24/13 10:50 AM
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Joined: Apr 2006
Posts: 11,797 Pennsylvania
klydon1
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Joined: Apr 2006
Posts: 11,797
Pennsylvania
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Kly and DT, what do you think about Lois lerner voiding her 5th amendment claim during her (limited) testimony before the House committee examing the IRS targeting issue? After being sworn in she gave an attempted exculpatory statement followed by her 5th claim when questioned. If I represented her, I would have advised that I, not she, read a general opening statement, but still would have advised her to take the Fifth. The climate of the Committee hearings is dangerous as House Republicans have on multiple occasions expressed an opinion that people have to go to jail as a result of the IRS scandal although I haven't yet heard what specific laws have been broken. It very well may result in federal prosecutions, but the call for jail sentencesby representatives before the facts are known is a warning sign. Issa is considering whether the opening statement constituted a waiver of the Fifth Amendment privilege. I don't think it's close. The invocation of the right is valid. If they really want her testimony, they will have to grant immunity.
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