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Maineshark in jail, 4/29/19

Started by KBCraig, April 30, 2019, 07:31 PM NHFT

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Tom Sawyer

Quote from: Free libertarian on November 18, 2019, 06:21 PM NHFT
Nope, they didn't burn his house down, but while he's held without bail  (judges god complex?) , the oxymoronic "property tax" meter is still whirring away. 





   

Too true.

Russell Kanning

yea how long can they string this out

Free libertarian

Quote from: Russell Kanning on November 19, 2019, 06:53 AM NHFT
yea how long can they string this out


"You have a right to a speedy trial...but we get to decide what speedy means"  -  them

Russell Kanning

Can you see this running more than a year?

Free libertarian

Quote from: Russell Kanning on November 19, 2019, 11:51 PM NHFT
Can you see this running more than a year?

Don't know enough details to venture a guess how long the remaining legal circus will take, I'd be more concerned about after the circus if the state wins. 

The no bail thing sounds like legalese for "let's ram it up this guys ass" .
 

Russell Kanning


Tom Sawyer

From what I have seen "Prosecutors" are by definition assholes.

I Youtube gun guy I used to sometimes watch got busted with 1/2 ounce of pot and they threatened him with 30+ years in jail by stacking charges, He ended up having to take the plea deal of Intent to distribute. He got 60 days...They took 400k worth of guns and he can never touch a gun again.

Russell Kanning

yea ... what sort of person seeks a "prosecutor" job?

Free libertarian

In order to prosecute people for victimless crimes, one would have to be either delusional, ignorant, evil, blatantly hypocritical, an asshole or some combination thereof.

While it might seem like I'm just being mean, I mean that in a clinically self evident and demonstrably provable sense, sort of the way Robert Higgs describes "there are no good cops".  Although I'm not sure if asshole is really a clinical term, but anus just sounds medical and not quite applicable.


Russell Kanning

the other thing that strikes me .... is how they are ready to prosecute any charge that is levied against an "offender".
I was in court this week in Waco TX for a hearing on whether the judge would allow me to represent myself. When I looked over at the little prosecutor girl .... I thought "she has no idea the facts in this case and why I was charged with 'failure to identify'". She said the contact was another prosecutor .... she probably had no idea why we were there.

WithoutAPaddle

#40
Quote from: Tom Sawyer on November 22, 2019, 06:28 AM NHFT
From what I have seen "Prosecutors" are by definition assholes....

I may have had better luck with prosecutors than you have.  In traffic court, anyway.

1) I got pulled by a rookie Massachusetts state cop in the early 1980s with a headlight out, and unfortunately, I hadn't renewed my NH driver's license on time.  The cop wrote me up for both those offenses plus a noisy muffler ( I still had the receipt from its replacement two weeks earlier) and no insurance.

Everyone in that traffic court was "overcharged" so the prosecutor could agree to drop most if not all if you plead guilty to the only real charge, and he so offered.  I established a good rapport with him and he dropped one, and then the next, and then, when I went for the whole ball of wax, he said, "You know, you're pretty slick.  I bet you've been in trouble before".  I left there with one small fine.

2) I got pulled for speeding in Mass, again with no insurance plus an expired reg, but the "magistrate" basically coached me on what to say and they dropped everything but the speeding.

3) I got pulled in Arlington, Virginia on federal property for I don't remember what, and the cop discovered that my license to drive in Virginia had been suspended because I hadn't paid a breakdown lane violation fine a few years earlier.

The Federal prosecutor was a peach.  I mean, a real peach.   When I met with him, he gave me a politician's handshake and said, "Here's what we can do".  He said, "First, we'll drop 'this one' because everyone gets a deal here, and then, lets see what we can do about 'that one' ".

Here is where I got a legal education.  I was written up for driving with a suspended license, but as he recapitulated the facts, he seemed to misunderstand, saying that I was actually driving without a license, and I thought, "Hell no!  I'll be in deep shit if I had no license", so he listened to me patiently and then said, again, "OK, so you were driving without a license", and I said no, that my license was suspended, and I thought, "Man, is he thick!", and I tried again, but then he tried again. and said, "If someone is driving with a suspended license then they are violating an explicit Court Order and that can involve jail time, whereas if they are simply driving without a license, then the penalty is less, so, 'YOU WERE DRIVING WITHOUT A LICENSE, RIGHT?' "  And I realized I had been the dummy and said, "Right" and got off with a fine instead of a jail sentence.

4) I got pulled in Maryland for driving a van that the rear license plate had been stolen from that morning, and, sure enough, the reg was expired, too and I only had my old insurance card, not my current one, and the jerk cop wrote it up as driving uninsured rather than failure to produce proof of insurance, and added two other whoop-de-doo charges as well.

When I got to court, I was the only white person in the courtroom.  No exaggeration.  The only one.  I told the Black prosecutor that I was insured but just didn't have my current insurance card with me, because I had changed insurance companies recently and did not realize that my new carrier issued them for six months rather than for a year, and offered him both the one that encompassed the date of the offense as well as the older one, and I showed him my current, New Hampshire registration and mentioned that I was not a stickler on making sure that my proof of insurance card was current because insurance is not mandatory in New Hampshire, and he looked at the cards but didn't understand them and said, "So you've gotten insurance since then?" and I said, "No, I had insurance all along", and he twisted up his face, not understanding what I was saying and said,  "As long as you have insurance now, we can nol process all of this and we can send you on your way".  I mean, he was acting like he felt bad about having inconvenienced me, and they made me the first case "heard" that session even though I was in the middle of the docket, and they swept the three real violations under the rug along with the overcharged one.

I know that's traffic court, but still, I was treated with kid gloves by the prosecutor every time.  I sure hope I get treated like that if I ever do anything serious.  Being white, my odds are of course better than if I were non-white.


Tom Sawyer

Your right about being white...
Also being articulate is a big plus.

I have benefited from cops letting me drive away because they knew if they started writing me up it was going to be multiple charges that would really screw me.

Of course that doesn't compare to the old days where I often never even had to show my license cause I started rapping before they got to that stage.

Those days are over... They are all about collecting data points these days.

Russell Kanning

that was the only thing I had going for me in court last week. I was the only one who spoke loud enough .... in English ... so the judge could understand me. :)

KBCraig

https://www.vnews.com/Joseph-Brown-has-hearing-regarding-attorney-37060118

NORTH HAVERHILL — An attorney for Joseph Brown, a Grafton man accused of shooting another driver in a road rage case last year, is requesting to withdraw from the case, saying Brown can no longer pay his legal fees.

"I have been working pro bono for quite some time now," Concord-based attorney Penny Dean said during a virtual hearing regarding her request in Grafton Superior Court on Friday. "You're talking about months of free work."

Grafton Superior Court Judge Lawrence MacLeod did not issue a decision on Dean's motion Friday, but he listened to arguments from Dean and Assistant Grafton County Attorney John Bell, who worried about the delays Dean's withdrawal could cause.

Brown, 40, has been held in jail since he was accused of shooting Jason Marandos during an altercation on Route 4 in Grafton in April 2019. Marandos survived the shooting.

Following his arrest, Brown hired Dean, a private attorney, and pleaded not guilty to felony counts of first-degree assault with a firearm and two counts of reckless conduct, arguing he fired the gun in self-defense.

Jury selection was originally supposed to start in October 2019, but the date was pushed back several times before the COVID-19 pandemic forced jury trials to be postponed in New Hampshire in April until further notice. Trials are expected to start up again in Grafton County in January, but a trial date for Brown has not been chosen.

One of the key issues that Bell raised Friday centered on a hearing that both parties began in March to evaluate an expert witness on self-defense and firearms, who may testify at Brown's trial. The hearing has been on hold for months.

"Let's finish what we started," Bell said, suggesting that after Dean and prosecutors finish the evaluation, a public defender can be appointed in Dean's place. Dean agreed to finish the evaluation.

But MacLeod worried that a public defender might have a different approach to the defense than Dean has had, which could complicate a case that's already on its way to trial.

"That's kind of a quandary," he said, adding at the end of Friday's hearing, "It's not whether I'm going to allow you to withdraw, it's how we're going to do this."

The hearing comes several weeks after Dean filed her motion, citing financial issues that caused a "breakdown" in her relationship with Brown. Hours after her motion, Bell filed an objection saying in part that her withdrawal would delay Brown's trial, and writing that he was "skeptical" of the timing of her request.

In his Oct. 8 response, Bell suggested that the non-payment issue might be "manipulation" on the part of Dean and Brown. The judge is already considering whether it's constitutional to keep Brown incarcerated ahead of his trial, he wrote.

"Should the Court grant a withdrawal ... the Court may be more inclined to order the release of the Defendant on bail, an objective the Defendant has been attempting to achieve at various stages of the litigation since his arrest," Brown wrote.

Dean took issue with Bell's argument, calling his suggestion that she was manipulating the process "offensive."

"This counsel has expended much effort in her aid to obtain evidence expeditiously and to move this matter to trial, to suggest otherwise is risible," she wrote in a response to Bell, filed the following day. She went on to accuse prosecutors of playing a part in the case's longevity, saying they have made "no known efforts" to complete the March hearing.

The back-and-forth is the latest in many legal disputes between Dean and prosecutors over the last year-and-a-half since Brown's arrest. In that time, Brown's case summary has stretched to 42 pages long as both parties have filed numerous motions, objections and responses, amounting to over 300 court documents.

MacLeod said he expects to announce his decision on Dean's motion next week.

Tom Sawyer

Thanks for the update.

Another consequence of this dang Covid Crap...