Hialeah Cop Gets Pass on Sexual Battery

JusticeCops and prosecutors protecting their own. (Justice? What’s that?) Women and girls said a Hialeah cop sexually assaulted them. The chief gave him a raise.. (For those of you who are challenged by the subject of Florida geography, Hialeah is a suburb of Miami.)

Starting in 2015, internal affairs investigators gathered evidence that Menocal had committed “unlawful sexual activity” with minors, a second-degree felony, and had broken more than 20 departmental rules and policies. The evidence was handed to Velázquez and the Miami-Dade State Attorney’s Office — but neither the police chief nor prosecutors acted to punish him.

Far from disciplining Menocal, whose well-connected family has held high-ranking positions in South Florida law enforcement, Velázquez gave him a raise — and moved him back onto the SWAT team as a coordinator.

Rules apply to the little people, not the cops. And especially not if his family is “well-connected.” (Hat tip to Wirecutter.)

They Keep Letting Him Out of Jail

Facepalm X 2How’s that bail reform working out for you? Homeowner frustrated that man who burglarized his home continues to be let out of jail.

Tillman currently has nine open cases going through the court system. The charges include theft, burglary, hit-and-run, bail jumping, resisting an officer, damage to property, driving a car without the owner’s consent, etc.

The guy who’s house was burglarized in May was upset that they keep letting him out. They put an ankle monitor on him, but that apparently wasn’t enough.

I think they should have made it impossible to be out on recognizance or bail after “bail jumping” was added to the list of charges.

“Some animals are more equal than others.”

A sure sign that you live in a police state is the existence of two sets of rules: one for the cops, and one for the little people. Police Officers Accused of Domestic Violence Can Plead Down Charges — and Keep Their Guns.

A VOSD review of domestic violence-related cases involving police officers in San Diego County over the last decade found that prosecutors often find themselves on the opposing end of orders allowing cops to go back to work with their guns. Sometimes, though, prosecutors put up no fight at all.

Justice? Serve and Protect? They have to protect their own, before the rest of us come into consideration.

A one time occurrence? Look at the story of Drew Peterson, a cop in suburban Chicago, who was convicted of murdering one of his wives, only after his last wife went missing. Lots of calls to 911 resulted in not a single police report. Gee, I wonder why.

And since I doubt people read Animal Farm anymore, here is some info on where that title comes from.

Alcohol Breath Tests Are NOT Reliable

What a surprise! Bureaucrats ignoring the truth to make themselves look better. And if it puts people in jail? Well, no one cares about the little people. These Machines Can Put You in Jail. Don’t Trust Them..

But those tests — a bedrock of the criminal justice system — are often unreliable, a New York Times investigation found. The devices, found in virtually every police station in America, generate skewed results with alarming frequency, even though they are marketed as precise to the third decimal place.

Judges in Massachusetts and New Jersey have thrown out more than 30,000 breath tests in the past 12 months alone, largely because of human errors and lax governmental oversight. Across the country, thousands of other tests also have been invalidated in recent years.

The manufacturers are covering their assets. The people in the states responsible for the machines are just lying through their teeth. And DAs are only interested in winning, not in Justice.

Lie and Cheat to Send a Man to Prison for 20 Years

JusticeThat is how much prosecutors HATE self-defense. Man suing attorneys over wrongful murder conviction.

The suit for Terrence Haynes, 42, was filed Thursday in Urbana. His suit accuses two Kankakee County assistant state’s attorneys of encouraging an 11-year-old witness, Marcus Hammond, a first cousin of one of the prosecutors, to lie about Cezaire Murrell being unarmed when Haynes fatally shot the 18-year-old in 1999.

Hammond was the only eyewitness called by prosecutors, even though three adults at the scene told police that Haynes acted in self-defense after Murrell reached for a gun in his waistband. But none of those adults testified at Haynes’ trial, which resulted in his conviction and a 45-year prison sentence.

He wasn’t freed, but awarded a new trial. That witness has recanted his testimony, BTW, which is strictly separate from the suit.

Justice? Truth? A Jedi Prosecutor cares not for these things. Winning at all costs. Winning by lying. Winning by concealing evidence.

That new trial was cancelled when the charges were dismissed.

And actually, Jim Rowe, the current State’s Attorney for Kankakee County, sounds like a stand-up guy.

“I am not able to comment on pending civil litigation,” Rowe said. “I have, however, taken the rarest of actions as a state’s attorney by joining in Mr. Haynes’ petition for a certificate of innocence (COI), which remains pending. I believe he is entitled to that COI and that is why I joined in the petition.”

That would expunge his record and entitle him to restitution.

Chicago’s Recipe for More Crime

Otherwise known as bail reform. And there is more than one story. Prosecutors: Man shot teen while AWOL on robbery charge (and he was on electronic monitoring at the time of the robbery, too.).

Electronic monitoring failed multiple times. While out on electronic monitoring, he was arrested for robbery and various gun charges. Eventually he was sentenced to 2½ years for the first two offenses.

On Sept. 17, a month after Wilson went to prison, prosecutors charged him with five counts of attempted murder and aggravated discharge of a firearm. They say he shot a 17-year-old boy on the 4100 block of South Prairie around 1:40 a.m. on March 9 — two days before he skipped bail.

And there is more. Round & round & round it goes: Courthouse revolving door keeps spinning in Chicago

How about the man who prosecutors say shot another man five times on Saturday — about two weeks after they dropped a weapons charge against him?

One guy on electronic monitoring was arrested multiple times for gun crimes. Another guy was arrested 3 times for narcotics manufacturing. The last 2 times he was on electronic monitoring for the previous arrest. At some point the good people of Chicago are going to have to decide if they want criminals off the street or not. So far, the State’s Attorney for Cook County seems to be coming down on the side of “Not.”

Chicago Keeping Gun Criminals on the Street

JusticeMore on Chicago’s recipe for more crime. Rapper “G Herbo” gets probation in gun case.

If you make something less expensive, you will see more of it. In this article, CWB Chicago looks at Cook County’s continuing efforts to make gun crime less expensive.

Rap star Herbert “G Herbo” Wright reached a plea deal with prosecutors who accused him of having a handgun in a limo near State and Roosevelt in February 2018. Two other men in the vehicle were also charged with having guns.

Wright and prosecutors struck a deal in which the rapper pleaded guilty to one count of misdemeanor carrying a firearm while prosecutors dropped four felony gun charges. Judge Matthew Coughlan sentenced him to two years probation, nine days time served, and levied a fine of $494.

Other incidents are handled in a similar fashion, and they are covered in the article linked at the top of this post.

Will a State’s Attorney Plead the Fifth?

JusticeThat would make the “criminal” part of The Criminal Justice System really stand out. Column: Will State’s Attorney Kim Foxx plead the Fifth in her Jussie Smollett mess?

Though a Cook County grand jury indicted Smollett on 16 counts for allegedly faking a hate crime, Foxx’s office inexplicably dropped the charges. Her chief ethics officer, former assistant U.S. Attorney April Perry, later resigned.

What would happen to a prosecutor who takes the Fifth after she’s been accused of playing games with justice?

In Chicago, that’s business as usual.

Hat Tip to Second City Cop, who is trying to expand everyone’s vocabulary.

Our best guess is the Chicago Machine is in the midst of an internecine (look that one up) war between the Old Guard and the Prickwrinkle faction which is currently aligned with the Sparklefarts [That’s SCC-speak for the Obamas] people.

Bacon on the Run

Of course the .gov is going to fine the farmer. Vermont pig escape: 250 pigs escaped a farm, but most lured back by hot dog buns.

Jeffries said he believes the fence enclosure was damaged by vandalism on the night of Aug. 11, allowing about 50 adult pigs and 200 piglets to escape. He thinks it was the work of a former employee and said he reported it to the police. The farm was also robbed recently of thousands of dollars in tools, he said.

But that isn’t good enough for the civic leaders, they want to fine this guy more than $80,000. Because they need to teach everyone a lesson. That if you really hate your ex-employer, you can probably find a way to bankrupt them with the help of City Hall.

Chicago’s Recipe for More Crime

Lack of consequences equals no deterrent.

First up – bail reform. Man charged with robbing 12-year-old & burglarizing home while free on 3 recognizance bonds AND court supervision.

So far this year, [the miscreant in question has] been charged with felony burglary, released on a recognizance bond, charged with criminal damage to property and assault, released on another recognizance bond, charged with battery, released on a third recognizance bond, charged with battery and obstruction of identification, released on a fourth recognizance bond, and pleaded guilty to battery in exchange for a sentence of six months court supervision. And that was all before the Fourth of July.

He was finally held when he robbed a 12-year-old (he stole the kid’s bike) and burglarized a home. He was on MULTIPLE recognizance bonds when he committed these crimes. After all of that, he was ordered held without bail August 7th.

Then there is an actual lack of sentencing. Court update: Prolific bike thief pleads guilty to 12 burglaries; Another man gets 3 years for slashing teen’s throat.

Let’s concentrate on the throat-slashing, though the other examples (more than the two listed in the headline) are also good examples.

A convicted felon who was accused of slashing a 17-year-old boy’s throat because the teen and his girlfriend were “taking up too much sidewalk” has been sentenced to three years in prison.

Chevazz Campbell, the victim, and a 16-year-old girl were walking on the 400 block of West Roosevelt last October when Campbell allegedly became enraged that the teens were walking side-by-side. After insisting that the couple was taking up too much space on the sidewalk, Campbell pulled out a box cutter and cut the boy’s throat, prosecutors said.

Three aggravated battery charges were condensed into one by the judge. He was sentenced to three years, and given credit for time served (230+ days) They don’t say when he will be available for parole, but in less than a year I’m guessing.

If you make something less expensive, you will see more of it, even if that something is crime.

Self-defense Is Legal in Montana

JusticeAnd prosecutors HATE that. Lake County Man Acquitted of Murder.

A guy is meeting his ex-wife to hand off money for their kids. Her current boyfriend, who is larger than he is, and has threatened him in the past…

then stormed out of the car and began running toward the defendant. When Darnell was just a few feet away, Blixt drew a handgun and shot him several times.

He called 911, but the DA decided you can’t defend yourself. Or something. He was found not guilty.

[Defense attorney Amanda] Marvin, who was co-counsel with Tim Wenz, said the state’s investigation was “negligent” and had a more thorough review of the scene occurred she believes Blixt would have never been charged.

But DAs look for reasons TO charge someone. Justice? Who cares about Justice?

Self-defense is a human-right, and in Montana, it might be your legal right, though you apparently can’t count on that.

Lying Witnesses, Concealing Evidence, Innocent Men Condemned to Death

JusticeProsecutors love to win at all costs, even if that means putting innocent men on death row. ‘Jailhouse snitch’ helped send four men to prison, but her false testimony might help get two of them out.

Holland was known for her ability to overhear incriminating statements, and, Payne wrote, had “strategically” been placed by the Pontotoc County Sheriff’s Office in a cell across from Fontenot for nine days.

According to testimony given by Holland, she said she struck up a conversation with Fontentot, who told her that he, Ward, and a man named Odell Titsworth, took part in Haraway’s killing. She said Fontenot confessed to raping Haraway after Titsworth had stabbed her to death. The trio then poured gasoline on the body and burned it, Holland testified Fontenot told her.

But that never happened. When Haraway’s body was found in 1986, evidence showed she had been shot in the head, not stabbed.

Not that the prosecutor cared. He was rewarding that testimony by getting a reduced charge and sentence for her husband. (That was 7 years vs 40 years.) That was not disclosed to defense, and when asked on the stand about any benefits, she said there were none.

In another case there was DNA evidence that eventually cleared 2 people.

You think The Criminal Justice System cares about Justice? Think again. It cares about winning, and is willing to embrace the “criminal” part of that description if that means more winning.

How Much Do California Prosecutors Hate Guns?

JusticeThis case should never have been brought to trial. East Bay security guard was charged for shooting tire of truck she believed would run her over. A jury acquitted her in 40 minutes.

But as people keep pointing out, the process is the punishment, even if (especially if) you’re innocent.

She was working as a security guard when she caught a couple of shoplifters. They ran and got into a truck with large tires.

The driver allegedly gave her one final taunt before climbing in, yelling out, “I’ve got something for you, b—-,” Page says.

She interpreted his comment as an imminent threat, and when the truck’s wheels began to turn forward, Page drew her pistol and fired three times into one of the tires. The bullets flattened the tire, and the truck pulled out, heading away from Page.

… The decision to shoot drastically changed the next year of her life, resulting in criminal charges — not against the men in the truck, but Page.

She was arrested on a felony charge, but that dropped to a misdemeanor by the time the trial came around. And the DA had the most insane excuse for pursuing this.

Following the verdict, the Contra Costa County District Attorney put out a brief statement saying the shooting was “over disputed lemons and crab meat.”

No. It wasn’t. The shooting was over a threat, and the fact that the truck was moving forward. At that point in time, the lemons and the crab meat were completely and utterly beside the point.

But being a good prosecutor in The People’s Republic of California, she had to punish the law-abiding citizen and let the criminals off the hook.

The person charged, Schitara Page (a 32-year-old sergeant in the US Army) said her life has been “devastated” over the past year.

5 Years or Life? In the UK It’s Hard to Tell the Difference

JusticeSo what happens to a person in the UK found guilty of a heinous attack and attempted murder, and then sentenced to life in prison? ‘Our justice system’s a joke’ – Fury as Richard Austin could be free in five years after stabbing ex-wife.

Because the UK is too “civilized” to actually send people to jail for a long time.

He repeatedly stabbed his ex-wife, then called the cops and waited for them.

Austin was ordered to serve a minimum of just five years at Birmingham Crown Court for what police branded a ‘dangerous and callous attack’, but he could be released after that period.

So he’ll be free in 5 years. She’ll still be dealing with the results of the “life changing” attack, and won’t be able to defend herself from him. Allow the serfs of the UK government to defend themselves? Don’t be ridiculous. You must depend on the state for everything, even those things it cannot supply.

Lack of Consequences in Cook County, IL – “From six felonies to one misdemeanor”

The theme of the morning is, “How prosecutors for Cook County, Illinois undermine the rule of law.” Cops say he had all of these guns and explosive ammo — a judge lets him go for $500.

I’m more interested in the 2nd story at that link.

A man who was charged with six felony gun counts in connection with an incident outside a River North nightclub last autumn has reached a sweet plea deal.
[SNIP]
A grand jury returned a true bill charging Jimenez with six felony counts of aggravated unlawful use of a weapon.

But prosecutors this month reached a plea agreement with the 22-year-old in which he pleaded guilty to one misdemeanor count of reckless conduct.

Think on this while you wait the next 2 stories I’m posting about this morning. Both of those stories are about the recent self-defense shooting that took place north of Cook County, where prosecutors still take their jobs seriously. And by that I mean they see their mission is uphold the rule of law, not let criminals go free with no consequences. (I wonder if you compared the crime rate in Cook County, with the Crime rate in Lake County, if you would find any differences, and if you could tie those differences to the idea that actions have consequences?)

Because Shooting a Homeowner Thru the Window of His Home is SOP

Because that is just how the cops work. Deputy who shot SC homeowner through front window cleared by internal affairs.

The Sheriff’s Office’s Officer of Professional Standards conducted an internal investigation to see if Deputy Kevin Azzara violated any written policies during the incident. The investigation concluded and found that no agency policies were violated, spokesman Lt. Ryan Flood said Wednesday.

Because shooting a homeowner, in his own home, without announcing you’re police, because at midnight, that homeowner is armed when he comes to the door is just good police work. Or something.

I said that the cop would face no repercussions.

People Just Blow-off Jury Duty?

JusticeI didn’t know jury duty was optional. Georgia sheriff steps in after 140 people skipped jury duty.

60 people out 200 show up. Because the other 140 were “busy.” But the thing that makes me angry…

The sheriff says none of the people who failed to answer a jury summons were arrested.

So. No penalty for bad behavior. Any bets on how many people will show up next month? Should probably be a fine involved, but of course that isn’t written into the law, because who thinks jury duty is optional?

Usually my “Justice Not Served” category is about The System screwing up in some way. And while that applies here, it also has a more literal meaning in this case.

So How’s That “No-jail-time” Program Working in Philadelphia?

They don’t like guns, but they seem to love the criminals who use them in crimes. Under DA Krasner, more gun-possession cases get court diversionary program.

The Philadelphia District Attorney’s Office recommended the Frankford man [Maalik Jackson-Wallace] for a court diversionary program called Accelerated Rehabilitative Disposition (ARD) that put him on two years’ probation. His record could have been expunged if he had successfully completed the program.

But Jackson-Wallace, 24, was arrested again on gun-possession charges in March in Bridesburg. He was released from jail after a judge granted a defense motion for unsecured bail. And on June 13, he was arrested a third time — charged with murder in a shooting two days earlier in Frankford that killed a 26-year-old man.

The DA blames everyone from prior DAs to the NRA. Because it can’t possibly be his fault.

Judge Appoints Special Prosecutor to Investigate Cook County State’s Attorney

The dismissal of charges was a bit strange. Jussie Smollett incident isn’t over: Chicago judge appoints special prosecutor to investigate.

Judge Michael Toomin suggested that State’s Attorney Kim Foxx had mishandled the case by appointing a top aide to handle it after she had purportedly recused herself.

In his ruling,Toomin said that Foxx, having recused herself, did not have legal authority to turn the case to over to another prosecutor in her office.

Self-defense May or May Not Be Legal in New York

JusticeBecause NY hates self-defense, and anything that lets the Little People think they can do for themselves. You should rely on The State, even if they can’t provide in a crisis. Recent Utica-area homicides put self-defense laws in focus.

They say “It’s complicated.”

When making decisions about whether a homicide is justified, McNamara said prosecutors scrutinize the fine points. Details such as the ages of those involved, health conditions and available weapons, for example, can change the narrative.

Because if they think they have a ghost of a chance of convicting someone, then they will go for it. It is all about win/loss. Justice? Don’t make me laugh; they don’t care about Justice.

Consider the following:

In 2017, there were just two cases across the state that were ultimately deemed justifiable homicide — instances where a person, while committing a felony, was killed by a private citizen, according to FBI data.

What about the cases where the law-abiding citizen defended themselves, but the bad guy wasn’t killed? I guess that isn’t an interesting statistic to the gun-hating Left.

Now compare that to Chicago, the largest city in Illinois that was the last state to allow concealed carry. Not in Illinois, but in Chicago there were 21 self-defense shootings in 2017, 13 of which were fatalities. (Stats via HeyJackass!) So far this year Chicago has seen 4 self-defense fatalities, and 7 additional shootings that have been deemed justified, but where the bad guy didn’t die. (Those are the stats as I’m writing this. The 2019 stats will change.) Chicago is not the heart of conservative country, by any means. But New York doesn’t want anyone to do anything on their own. Except to die, be robbed or raped, of course.