8.03.2012

Some Truth About War (with video)

I have decided to share this video, for the purpose of information sharing. I believe it is important to get all perspectives, in order to formulate your own opinions.

It is important to keep in mind here, that this piece is brought to us by Russia Today, and is clear anti-American propaganda. But what is most chilling, what scares me more than anything is, that it is true. Not that this is a clear look at the overall mindset of all troops, or the conditions under which they fight, or even the reasons why they fight. This is only a small sampling of the reality of what happened there. Nevertheless, this is a ture look at the grim face of war.

It is also important to keep in mind here, that while foreign nations may pose propaganda against us, they too are guilty of horrendous crimes as bad as these, maybe worse, not as if that were any excuse though. 

I am sharing this today not as an anti-American sentiment, but as an anti-war sentiment. This is what you unleash, when you vote for war. The most depraved spirit of humanity, this is LEGION, and the demon is beholden to no nation...



Double-Fatal Crash Raises Questions

At about 4:30 pm on Wednesday, tragedy struck suddenly as two people were killed in a horrific car-crash. The wreck occurred where Worrall Avenue intersects with the Eastbound Arterial highway (Baker Street section) in Poughkeepsie, New York.

What we know at this time, is that police were in pursuit of a Chevrolet Malibu when the crash occurred. According to a police statement, the vehicle was driving aggressively and failed to stop for a red light when it struck another car, a Kia Optima.The driver of the Kia, and the man's wife riding in the front passenger seat, were both killed. Two children in the backseat of the Kia were injured and taken to a local hospital. There were also two passengers in the suspect vehicle who sustained injuries.

Initial reports indicated that police had either seen the suspect vehicle driving erratically and/or that they had received 911 calls from other motorists. This has not yet been substantiated however, and others have stated that the pursuit was actually initiated because of an outstanding warrant against the driver which then led to his aggressive driving as he fled police. News reports confirm that the suspect has two outstanding warrants, but do not specify what the warrants are for. The 22 year-old suspect-driver was also on parole for an attempted armed robbery in the city. It seems plausible that police cruiser unit camera system may have gotten a "hit" on the license plate of the suspect vehicle, which then led the officer to attempt a traffic stop.

The local news paper also reports that the suspect vehicle ran a red-light at the intersection, while trying to flee from police, causing the crash. This report, apparently based on a police statement, conflicts with another account however. A woman claiming to have been in the suspect vehicle, who then commented at the Poughkeepsie Journal via Facebook, indicates that police attempted a P.I.T. maneuver, causing the suspect vehicle to go careening out of control through the intersection at high speed. Other commenters there also make that claim and state that there are dozens of witnesses to corroborate that account.

The suspect has since been arraigned on manslaughter charges, with bail set at $250,000 ($500k bond.) The suspect appeared teary-eyed and quivering according to news reports. At the arraignment, the judge declared that the suspect's actions were ""a gross deviation from the standard of conduct."

Whoa, wait just a second here. I can't say I have much sympathy at all for this asshole who decided it was okay to run from the cops and got two people killed in the process. But at the same time, we do have a standard of justice in this country, and for good reason. Courts are not supposed to be justified lynch-mob arenas. Whatever happened to the presumption of innocence? Was the judge there? Did the judge see what happened, from start to finish? I don't think so. So what gives this judge the right to pass judgement before the facts of the case have been presented. Is that not what a trial is for?

And again, not that I have much sympathy for the suspect here at all, but if some of these claims are true, then the police must share in the culpability here. If it was the officer's PIT maneuver that actually caused the wreck, then he is just as guilty as the suspect driver.

Also, if all of this was over some bullshit warrant for failing to appear at court or something minor like that, then one has to seriously ask, was it really worth it? Granted, it was the suspect himself who chose to flee, putting lives in danger, for whatever reason. But there are better ways to handle a warrant, there are better tactics to catch a fleeing suspect in a city during rush-hour traffic.

For those that are not familiar with the area, the Arterial highway is a 3-lane highway but has a speed limit of 30-mph with heavy traffic, and well-traveled cross streets every few hundred yards. This is not like some California freeway where cops will spin-out a suspect that goes careening out into some field. This was in the middle of rush-hour in the middle of a city.

"A" marks the intersection
Now after having said all of that, I believe that the suspect should face the MAXIMUM penalty for manslaughter, two counts, no parole. Whether the sentences for both counts should run consecutively or concurrently, I would say should be based on whether a PIT maneuver were actually performed. Of course, that is not the legal standard, just my own personal opinion, trying to weigh and balance culpability in a general manner.

If it does turn out that the officer pulled a PIT maneuver, he too should face charges, but I would agree with lenient sentencing. The department should also be sued, and their policies changed. All of that of course, if, reiterate, if, that is what happened there.

All in all, this is a terrible tragedy for all involved. May the departed rest in peace, may those left behind be comforted by loved ones, may time heal all wounds, and may justice be served accurately.

More details at : YNN NEWS






8.01.2012

Press Freedom May Hinge on 'Jury Nullification' as Journalist is Put On Trial

If you don't know what Jury Nullification is, please start by checking out...

What is Jury Nullification?

A trial date has been set for August 13th in the case of a journalist, and public-official accountability advocate, who now faces  a stiff prison term for alleged "wire-tapping." Three felony charges against CopBlock founder Ademo Mueller stem from his public report which covered the story of alleged excessive force by a police detective who slammed a high-school student's face into a cafeteria table.

Be sure to check out the full story in our previous article...

Reporter Faces 21 Years After Airing Excessive Force Complaint

It does not appear that the prosecutors have a valid case, but the fact that he has been sitting in jail since the grand-jury indictment was handed down does not bode well for the prospects of true justice. Unfortunately, the journalist's activism pointing out instances of abusive authority have set powerful enemies against him, who are no doubt willing to go to almost any length in order to silence him and punish him for the embarrassment he has caused the establishment. In the past, he was penalized with maximum sentences for misdemeanor crimes that he clearly did not commit, or that could only be seen as crimes through the most totalitarian interpretations of the law.

The seriousness of this case cannot be understated at this point. It is no exaggeration to say that the freedom of speech, the freedom of the press, are on trial in New Hampshire. The precedent set in this case will have implications across the nation. Especially as the proliferation of technology runs head-on into antiquated legal codes meant to protect privacy. Laws which were authored in a time when privacy was not monopolized by police and public officials.

Technology and Police Hypocrisy

While most folks would see this prosecution as a witch-hunt, or the work of an overzealous prosecutor misinterpreting the "spirit" of wiretapping laws, the very real possibility exists that a jury might find the jailed reporter to be "technically" in violation of the statute, and therefore feel obligated to render a guilty verdict. Even if they don't believe that the wire-tapping laws were authored with the purpose of silencing the freedom of the press, the prosecutor might be able to make the case that the facts still show Ademo Mueller did violate the penal code, regardless of the context or other interpretive meaning of the codified law.

If the prosecutor can make the case, will jurors still feel a moral dilemma in returning a guilty verdict? Perhaps based on the idea, that while technically guilty, the felonious characterization is far too harsh? Or more importantly, based on their own beliefs in traditional American values of free speech are violated by this specific prosecutorial application of the law?

This case stands to set another important precedent, as it may be the first trial of an activist before a fully informed jury. New Hampshire just became the only state in the 50 which will allow a defense attorney to present the principle of Jury Nullification. In other words, Ademo Mueller's attorney could, theoretically and in essence, tell the jury that they have the right to return a verdict of not-guilty if they believe the law is unjust or being applied unfairly.

New Hampshire Adopts Jury Nullification Law

Sadly however, the Governor's act allowing for informed juries does not take effect until January 1, 2013. This means another six months in jail for the reporter, as his attorneys stall for time, or that he might have to rely on an appeal to secure his physical freedom and restore the freedom of press for everyone. The only other hope, is that potential jurors have kept up on their state's news, and realize for themselves that they have the right to return a not-guilty verdict no matter what the law says. This is how important Jury Nullification really is, that freedom of the press may rely on an informed jury.


STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
243:1 Findings and Intent of the General Court. Under the decisions of both the New Hampshire supreme court and the United States Supreme Court, the jury has the right to judge the facts and the application of the law in relationship to the facts in controversy. The jury system functions at its best when it is fully informed of the jury’s prerogatives. The general court wishes to perpetuate and reiterate the rights of the jury, as ordained under common law and recognized in the American jurisprudence, while preserving the rights of a criminal defendant, as enumerated in part 1, articles 15 and 20, New Hampshire Bill of Rights.
243:2 New Section; Right of Accused; Jury Instruction. Amend RSA 519 by inserting after section 23 the following new section:
519:23-a Right of Accused. In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.
243:3 Effective Date. This act shall take effect January 1, 2013.
Approved: June 18, 2012
Effective Date: January 1, 2013




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