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Re: What crime was comitted at Apalachin?
[Re: NE1020]
#752201
12/08/13 12:43 PM
12/08/13 12:43 PM
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Joined: May 2013
Posts: 1,382
Lou_Para
Underboss
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Just goes to show how far we've come with civil rights in the last 60 years.
20 of the Apalachin attendees were charged with obstruction of justice for refusing to explain why they were at Barboza's estate. Even though justice eventually prevailed,imagine if that were to happen nowadays.
At the time of the raid,nothing had occurred except the lighting of the barbecue grill.The attendees,some of whom admittedly had criminal records,had done nothing remotely illegal. An overly zealous State Trooper named Croswell had overheard Barboza's son making hotel reservations for some out of town guests.
Based on this,he and some other cops staked out the barbecue and ran some license plates. Seeing that some were registered to convicted criminals,he commenced with a roadblock,and made some arrests.
The attendees were under no legal obligation to answer any questions as far as their presence at the estate was concerned.No crime was committed,they were on private property,and there was no warrant issued to arrest anyone.
I think if this would have happened recently,not only would the charges be dismissed,but some serious lawsuits would be filed.
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Re: What crime was comitted at Apalachin?
[Re: NE1020]
#752203
12/08/13 12:51 PM
12/08/13 12:51 PM
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Joined: Jun 2012
Posts: 517 NJ
FrankMazola
Underboss
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Underboss
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Posts: 517
NJ
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It made history. At the time Hoover would scoff at the idea of organized crime. Now you got convicted racketeers from every major city in the country together on 1 property talking shop? Just doesn't look good.
F. Mazola, Esq.
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Re: What crime was comitted at Apalachin?
[Re: Lou_Para]
#752204
12/08/13 12:55 PM
12/08/13 12:55 PM
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Joined: Apr 2011
Posts: 1,776
Dwalin2011
Underboss
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Underboss
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Posts: 1,776
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Even though justice eventually prevailed,imagine if that were to happen nowadays. I think it's an exaggeration to say that "justice prevailed". Those ones should have been happy to have got off lightly. Seriously, do you think there was even one among them never involved with at least one murder? In my opinion, it would have been much better if they resisted arrest, giving the cops an excuse to gun them down. It's one thing to say they were "formally" clean, it's another to seriously call "justice" a case where some of the biggest scumbags in the country walked free. It's a good thing anyway the meeting was raided, who knows what they would have decided there had they been allowed to finish: any time organized crime's plans are somehow stopped (even temporarily), it's a good thing. Really, using a case of mass arrest of crime bosses as an example of malfunctioning of the civil rights system doesn't make sense to me. It's possible lives have been saved by that raid, or at least death sentences that could have been emitted by the bosses during the meeting were held over temporary, since the mobsters had to be busy with their legal defense for a certain time after that.
Last edited by Dwalin2011; 12/08/13 01:20 PM.
Willie Marfeo to Henry Tameleo:
1) "You people want a loaf of bread and you throw the crumbs back. Well, fuck you. I ain't closing down."
2) "Get out of here, old man. Go tell Raymond to go shit in his hat. We're not giving you anything."
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Re: What crime was comitted at Apalachin?
[Re: Dwalin2011]
#752238
12/08/13 03:16 PM
12/08/13 03:16 PM
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Joined: Feb 2013
Posts: 722 Midwest
LittleNicky
Underboss
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Underboss
Joined: Feb 2013
Posts: 722
Midwest
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Even though justice eventually prevailed,imagine if that were to happen nowadays. I think it's an exaggeration to say that "justice prevailed". Those ones should have been happy to have got off lightly. Seriously, do you think there was even one among them never involved with at least one murder? In my opinion, it would have been much better if they resisted arrest, giving the cops an excuse to gun them down. It's one thing to say they were "formally" clean, it's another to seriously call "justice" a case where some of the biggest scumbags in the country walked free. It's a good thing anyway the meeting was raided, who knows what they would have decided there had they been allowed to finish: any time organized crime's plans are somehow stopped (even temporarily), it's a good thing. Really, using a case of mass arrest of crime bosses as an example of malfunctioning of the civil rights system doesn't make sense to me. It's possible lives have been saved by that raid, or at least death sentences that could have been emitted by the bosses during the meeting were held over temporary, since the mobsters had to be busy with their legal defense for a certain time after that. "Let justice be done, though the heavens may fall" You are seriously against 60 years of basic constitutional law and basic criminal law if you believe that government was within its limited powers to arrest a large assortment of people for merely associating at a conference. Whether they were ultimately murderers or terrible people is complete irrelevant to that legal analysis.
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison. I've read the RICO Act, and I can tell you it's more appropriate... for some of those guys over in Washington than it is for me or any of my fellas here
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Re: What crime was comitted at Apalachin?
[Re: LittleNicky]
#752251
12/08/13 03:58 PM
12/08/13 03:58 PM
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Joined: Apr 2011
Posts: 1,776
Dwalin2011
Underboss
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Underboss
Joined: Apr 2011
Posts: 1,776
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"Let justice be done, though the heavens may fall"
You are seriously against 60 years of basic constitutional law and basic criminal law if you believe that government was within its limited powers to arrest a large assortment of people for merely associating at a conference. Whether they were ultimately murderers or terrible people is complete irrelevant to that legal analysis.
To the legal analysis it's irrelevant, I agree. But life isn't only legal analysis. Sometimes even the whacking of a too violent gangster by somebody who wants the streets to be quiet can be considered a good thing (or at least a lesser evil), even though it's illegal. I personally enjoy every situation in which organized crime bosses have trouble, being it constitutional or not. I would rather save my feeling of "being sorry" for people who were framed for the crimes they didn't commit, criminals with extenuating circumstances, political prisoners etc. From an abstract juridical point of view, those gangsters were detained illegally, but to use it as an illustration of "bad law" isn't really a good example in my opinion, there were many other people much more deserving of the title "victim". If the Apalachin police raid hadn't happened, it would have been worse.
Last edited by Dwalin2011; 12/08/13 04:09 PM.
Willie Marfeo to Henry Tameleo:
1) "You people want a loaf of bread and you throw the crumbs back. Well, fuck you. I ain't closing down."
2) "Get out of here, old man. Go tell Raymond to go shit in his hat. We're not giving you anything."
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Re: What crime was comitted at Apalachin?
[Re: Dwalin2011]
#752273
12/08/13 05:26 PM
12/08/13 05:26 PM
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Joined: Feb 2013
Posts: 722 Midwest
LittleNicky
Underboss
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Underboss
Joined: Feb 2013
Posts: 722
Midwest
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You fundamentally don't seem to agree with concept of the rule of law. And the rule of law is no way "abstract"- but utilitarian in preventing the abuses and tyranny of discretionary government. If that means some people that are ultimately guilty get off, so be it. It's a hell of alot better than your platonic bureaucrats that get discretionary power over people's life and death.
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison. I've read the RICO Act, and I can tell you it's more appropriate... for some of those guys over in Washington than it is for me or any of my fellas here
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Re: What crime was comitted at Apalachin?
[Re: LittleNicky]
#752295
12/08/13 07:46 PM
12/08/13 07:46 PM
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Joined: Apr 2011
Posts: 1,776
Dwalin2011
Underboss
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Underboss
Joined: Apr 2011
Posts: 1,776
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You fundamentally don't seem to agree with concept of the rule of law. And the rule of law is no way "abstract"- but utilitarian in preventing the abuses and tyranny of discretionary government. If that means some people that are ultimately guilty get off, so be it. It's a hell of alot better than your platonic bureaucrats that get discretionary power over people's life and death. Back in 1957 in was the mafia that had the power over people's life and death. The got off the hook in 99% of the cases. So why worrying about their "rights being hurt" if in ONE case not everything went as they planned? Don't forget, it was 1957, not today, you still had problems like racial segregation for example, yet you insist that the "rights" of MOB BOSSES was the priority n.1 even back then?
Last edited by Dwalin2011; 12/08/13 07:48 PM.
Willie Marfeo to Henry Tameleo:
1) "You people want a loaf of bread and you throw the crumbs back. Well, fuck you. I ain't closing down."
2) "Get out of here, old man. Go tell Raymond to go shit in his hat. We're not giving you anything."
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Re: What crime was comitted at Apalachin?
[Re: NE1020]
#752300
12/08/13 08:05 PM
12/08/13 08:05 PM
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Joined: May 2013
Posts: 1,382
Lou_Para
Underboss
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Underboss
Joined: May 2013
Posts: 1,382
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I stand corrected. After thinking about it,I agree that since the attendees had records,and probably had some murderers in their number,that their basic Constitutional rights were null and void.
Since they might possibly have been planning to maybe consider murdering someone, somewhere, in the near future they certainly deserved to be gunned down for resisting arrest. The problem is in the lenient sentences we hand down to Mobsters.Instead of an obstruction of justice charge,the State Troopers should have just picked out the guys with records and shot them.
While we're at it,let's go a step further and bring in some psychics. That way they could actually tell us what possible crimes these guys might have discussed had they been left alone. We could then kill those guys too.
I believe that our Society would be much better off if the cops had the discretion to just kill people for the crime of barbecuing. I would go further and stake out boxing matches,restaurants,weddings,etc,since Mob guys with records see each other at these events as well,and probably discuss possibly considering criminal activity.We could then just wait outside and arrest them all as they come out. If we're lucky,maybe they'll resist,and the cops can kill them too.
How dare the cops let guys "walk free" from crimes they never committed. Next thing you know,we'll actually have to provide evidence to get convictions. I for one,don't want to live in a country where people that we don't like get the same legal rights as the rest of us.
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Re: What crime was comitted at Apalachin?
[Re: Lou_Para]
#752302
12/08/13 08:11 PM
12/08/13 08:11 PM
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Joined: Apr 2011
Posts: 1,776
Dwalin2011
Underboss
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Underboss
Joined: Apr 2011
Posts: 1,776
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I stand corrected. After thinking about it,I agree that since the attendees had records,and probably had some murderers in their number,that their basic Constitutional rights were null and void.
Since they might possibly have been planning to maybe consider murdering someone, somewhere, in the near future they certainly deserved to be gunned down for resisting arrest. The problem is in the lenient sentences we hand down to Mobsters.Instead of an obstruction of justice charge,the State Troopers should have just picked out the guys with records and shot them.
While we're at it,let's go a step further and bring in some psychics. That way they could actually tell us what possible crimes these guys might have discussed had they been left alone. We could then kill those guys too.
I believe that our Society would be much better off if the cops had the discretion to just kill people for the crime of barbecuing. I would go further and stake out boxing matches,restaurants,weddings,etc,since Mob guys with records see each other at these events as well,and probably discuss possibly considering criminal activity.We could then just wait outside and arrest them all as they come out. If we're lucky,maybe they'll resist,and the cops can kill them too.
How dare the cops let guys "walk free" from crimes they never committed. Next thing you know,we'll actually have to provide evidence to get convictions. I for one,don't want to live in a country where people that we don't like get the same legal rights as the rest of us. What's the whole problem? They got 5 years, a sentence that any tough mafioso would consider ridiculous, at it was overturned before they served it, it's not like anyone was gunned down or framed for crimes they didn't commit like, for example, Limone and others who served almost 40 years. What's the beag deal, especially considering all bigger problems the USA had in 1957, can you expain that? Are you a mafia sympathizer or what, was somebody among you friends ever framed for something? There are many miscarriages of justice in this world, but I hardly could call guys like Vito Genovese "martyrs of the system".
Last edited by Dwalin2011; 12/08/13 08:14 PM.
Willie Marfeo to Henry Tameleo:
1) "You people want a loaf of bread and you throw the crumbs back. Well, fuck you. I ain't closing down."
2) "Get out of here, old man. Go tell Raymond to go shit in his hat. We're not giving you anything."
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Re: What crime was comitted at Apalachin?
[Re: Dwalin2011]
#752306
12/08/13 08:28 PM
12/08/13 08:28 PM
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Joined: Jul 2012
Posts: 3,590
jace
Suspended
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Suspended
Underboss
Joined: Jul 2012
Posts: 3,590
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You fundamentally don't seem to agree with concept of the rule of law. And the rule of law is no way "abstract"- but utilitarian in preventing the abuses and tyranny of discretionary government. If that means some people that are ultimately guilty get off, so be it. It's a hell of alot better than your platonic bureaucrats that get discretionary power over people's life and death. Back in 1957 in was the mafia that had the power over people's life and death. The got off the hook in 99% of the cases. So why worrying about their "rights being hurt" if in ONE case not everything went as they planned? Don't forget, it was 1957, not today, you still had problems like racial segregation for example, yet you insist that the "rights" of MOB BOSSES was the priority n.1 even back then? You need to read up more on Mafia in that time period. Where did you come up with them getting off for 99% of crimes? Many had done time, some had served several sentances, and most who did not attend had previoully done heavy time, or were actually in prison during meeting. Their conviction rate seems to have been same as for anyone else. As for rights, everyone has rights, this is America. Would you want to live in a dictatorship? Once they do it to one group, they can start doing it to everyone. Thankfuly it was overturned.
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Re: What crime was comitted at Apalachin?
[Re: NE1020]
#752307
12/08/13 08:30 PM
12/08/13 08:30 PM
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Joined: Apr 2011
Posts: 1,776
Dwalin2011
Underboss
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Underboss
Joined: Apr 2011
Posts: 1,776
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Then let's establish international tribunals that have the power to hand down sentences up to life in prison for policemen who dare to interrupt mafia summits, not just in America, but in other countries as well. Wars, global hunger, economy crisis etc are all secondary problems, let's get busy in helping the "unfortunate mafiosi businessmen" against the totalitarian police, they are so much more important!
Willie Marfeo to Henry Tameleo:
1) "You people want a loaf of bread and you throw the crumbs back. Well, fuck you. I ain't closing down."
2) "Get out of here, old man. Go tell Raymond to go shit in his hat. We're not giving you anything."
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Re: What crime was comitted at Apalachin?
[Re: jace]
#752308
12/08/13 08:31 PM
12/08/13 08:31 PM
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Joined: Apr 2011
Posts: 1,776
Dwalin2011
Underboss
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Underboss
Joined: Apr 2011
Posts: 1,776
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You need to read up more on Mafia in that time period. Where did you come up with them getting off for 99% of crimes?
I was talking about bosses. Yonnie Licavoli, Vito Genovese and Lucky Luciano were the only ones to have done serious time before RICO was made. Some capos went to jail, but I thought it's generally considered that the first serious blow against the de-facto national leadership of the mafia came with the Commission trial in the 80s.
Last edited by Dwalin2011; 12/08/13 08:46 PM.
Willie Marfeo to Henry Tameleo:
1) "You people want a loaf of bread and you throw the crumbs back. Well, fuck you. I ain't closing down."
2) "Get out of here, old man. Go tell Raymond to go shit in his hat. We're not giving you anything."
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Re: What crime was comitted at Apalachin?
[Re: NE1020]
#752310
12/08/13 09:00 PM
12/08/13 09:00 PM
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Joined: Nov 2012
Posts: 527
tommykarate
Underboss
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Underboss
Joined: Nov 2012
Posts: 527
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They shoulda all just stayed on the property instead of speeding off.finish the bar b q n go home calmly
One thing about wiseguys...the hustle never ends.-tony soprano
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Re: What crime was comitted at Apalachin?
[Re: tommykarate]
#752321
12/08/13 09:42 PM
12/08/13 09:42 PM
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Joined: May 2013
Posts: 1,382
Lou_Para
Underboss
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Underboss
Joined: May 2013
Posts: 1,382
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They shoulda all just stayed on the property instead of speeding off.finish the bar b q n go home calmly Actually,some of the guys did stay inside the house and weren't charged with anything,since the Cops had no Warrant,or legal right to be in the house or even on the property. Once they set up the roadblock the scam was to stop everyone who came out. That way,once a guy told them that he was just visiting Barbara,they could hit him with a bulls**t obstruction charge. Actually,it was pretty slick. Stake out a place where you have no proof that a crime is being committed ,and have not seen anything that would constitute a crime being committed. Then when a guy tells you that no crime is being committed,arrest him. And as far as the guys who ran,grab them too. Maybe you could get them for exceeding the speed limit.
Last edited by Lou_Para; 12/08/13 09:43 PM.
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Re: What crime was comitted at Apalachin?
[Re: cookcounty]
#752390
12/09/13 12:18 PM
12/09/13 12:18 PM
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Joined: May 2013
Posts: 1,382
Lou_Para
Underboss
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Underboss
Joined: May 2013
Posts: 1,382
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100 mafia members meeting = a criminal conspiracy
Conspiracy only applies if a crime has been committed or attempted. At the time of the raid,the cops had no evidence that a crime,an attempt at a crime,or a discussion of a crime had taken place. As far as being Mafia members,remember that no court of law proceeding had ever proven that the Mafia even existed. That came much later in our history.The cops couldn't use "Mafia membership" as a cause for arrest Finally,merely meeting is not a crime unless you are in violation of parole by associating with known Felons. If the heads of the New York Families all went to dinner together at Rao's,(assuming none of them tried to beat the check ),they would not have done anything illegal.
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Re: What crime was comitted at Apalachin?
[Re: Sonny_Black]
#752680
12/10/13 03:57 PM
12/10/13 03:57 PM
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Joined: Jul 2013
Posts: 486
LittleMan
Capo
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Capo
Joined: Jul 2013
Posts: 486
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Does one have to explain themselves why they are at a residence of a friend? How that can be considered a crime, beats me. Only in America I suppose.. I know, it sounds crazy. I think that if you take the 5th and refuse to answer on the grounds that your answer my incriminate you....the grand jury can offer you immunity. Then you are compelled to answer questions, and if you don't, then you can be tossed in jail for contempt of court. I believe this is what happened to Greg Anderson in the Barry Bonds case.
You shit-kicking, stinky, horse-manure-smelling motherfucker you! If you ever get out of line over there again, I'll smash your fucking head so hard you won't be able to get that cowboy hat on. You hear me? Fucking hick. -Nicky (Casino)
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Re: What crime was comitted at Apalachin?
[Re: LittleMan]
#752692
12/10/13 04:14 PM
12/10/13 04:14 PM
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Joined: Dec 2006
Posts: 23,296 Throggs Neck
pizzaboy
The Fuckin Doctor
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The Fuckin Doctor
Joined: Dec 2006
Posts: 23,296
Throggs Neck
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I think that if you take the 5th and refuse to answer on the grounds that your answer my incriminate you....the grand jury can offer you immunity. Then you are compelled to answer questions, and if you don't, then you can be tossed in jail for contempt of court. I believe this is what happened to Greg Anderson in the Barry Bonds case. That's exactly how immunity works, and they use it at Grand Juries all the time to get "little fish" to offer testimony about "bigger fish." They employ this tactic mostly with shylock debtors and gamblers who are in over their heads, and it's hardly fair. Example: You're a gambler into a couple of bookmakers and a shy or two. Your name gets picked up on a bug or wiretap because bookies and shylocks just can't help complaining about the money they have owed to them. You get called to the Grand Jury, where the very friendly assistant district attorney explains to you that you're not the "target" of this investigation, so if you have nothing to hide you should just tell the truth. At that point, you probably invoke the Fifth Amendment and the assistant district attorney isn't so friendly anymore. He tells you to come back in a week or so and he produces an immunity order, at which time you're forced to either: a) tell the truth about some bad guys and put your well being in danger. b) lie your ass off and risk a perjury charge. or c) stick to your guns and take the Fifth, at which time you'll immediately be jailed UNTIL THE GRAND JURY IS DONE CONVENING. And in the Federal system "special" Grand Juries can convene for over a year, sometimes even longer. It's a terribly slanted system which stacks the deck against the little guy. And ironically, we got the Grand Jury model from England, who did away with it a long time ago. We should have followed suit.
"I got news for you. If it wasn't for the toilet, there would be no books." --- George Costanza.
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Re: What crime was comitted at Apalachin?
[Re: NE1020]
#753156
12/13/13 03:17 AM
12/13/13 03:17 AM
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Joined: May 2013
Posts: 999
mulberry
Underboss
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Underboss
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Posts: 999
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Use the same answer as lying politicians and bureaucrats. I dont recall
Last edited by mulberry; 12/13/13 10:19 PM.
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Re: What crime was comitted at Apalachin?
[Re: cookcounty]
#753347
12/13/13 10:20 PM
12/13/13 10:20 PM
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Joined: May 2013
Posts: 999
mulberry
Underboss
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Underboss
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Posts: 999
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when 100 organized crime figures meet to talk it's usually a criminal conspiracy Your point is? The cops had no probably cause to stop anyone.
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