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favicon.ico: rantsofapublicdefender.blogspot.com - Preaching to the choir.

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Text of the page (random words):
we pay them for we can tell them this isn t acceptable we have that power it s way too many forgotten names past time for us to use that power i don t have any words of wisdom or ideas for how to make this stop i m too tired to fight right now i m just sick to death of trying to remember these names there need to be no more names for me to try to remember posted by s at 9 05 pm 10 comments email this blogthis share to x share to facebook share to pinterest tuesday august 29 2017 in which i defend an alleged wife killer named peterson i m just going to throw this out there and it s not going to be popular i don t think scott peterson killed laci honestly i never have here s the thing the state s theory was he killed her sometime overnight on the night of december 23 never mind that multiple witnesses are sure they saw her walking her dog the morning of the 24th never mind that the house showed no signs of struggle or clean up never mind that there is computer evidence from the morning of the 24th that shows she was web browsing never mind the burglary that happened right across the street the very morning she went missing and why exactly was their dog found out wandering around alone leash still on if it hadn t been out with laci that morning when laci was taken so he killed her overnight but then waits until 1 pm on the 24th broad daylight to take her body into a standard aluminum boat no hidden compartments or anything everything just out in the open to be seen by any passers by to a busy marina that makes no sense this isn t a boat with a cabin or hidden compartment this boat doesn t have hidden smuggling bays a la the millenium falcon this is the kind of boat that holds no secrets anything that is in the boat is visible to anyone who walks past this is not the kind of boat you use at 1 pm to dispose of a body if you have accidentally or otherwise killed your pregnant wife the night before you do not go to the berkeley marina in broad daylight the next afternoon in this particular boat to dispose of her body you either do that body disposal in the cover of darkness and preferably not at a location where you have to get a receipt to show you were there yeah he had a receipt or you go to the middle of nowhere you don t casually drive the body to this populated marina in the middle of the day knowing that anyone who happens by will be able to see what s in your boat you don t just hope that no one will notice the body shaped tarp covered bundle in your boat you know who would put laci s body in that body of water the actual killer who quickly realized that the entire world had its eyes on scott peterson and knew that he d gone fishing the day his wife had disappeared her body wasn t discovered for months after all it doesn t take a genius to realize if you actually knew where laci peterson s body was it would be in your best interests to move it so that if were found it would fit perfectly with the set public theory that her husband had killed her why let it be found somewhere else when you can use confirmation bias to your benefit the world thanks to folks like nancy grace had decided scott peterson was a bad dude long long before laci s body was found people just felt in their bones that he d killed her so he could play with his new girlfriend so he could be free etc etc this feeling was so strong so overwhelming that it made people forget to care that there was never any actual physical evidence against him or that there were eyewitness accounts that absolutely destroyed the prosecution s theory about the time of death which also basically made it impossible that scott was responsible he was believed to be guilty from the very beginning for being a cheating bastard who didn t cry but the problem is his cheating bastardness isn t actually evidence the evidence the actual evidence related solely to laci s disappearance and death doesn t quite point the way the public s gut believed it would so people just ignored the evidence or found convoluted reasons for dismissing it facts are stubborn though and not that easily avoided i know i ve been quiet for a long time and it may seem strange that this is the thing that gets me to post again but a e is running a limited series about this case and i feel like finally people might be receptive to hearing the doubts i have always had a man was sentenced to death because the public hated him even though the prosecution s theory of the case makes no sense and requires us to ignore an awful lot of evidence and logic i m really not convinced scott peterson killed laci and i don t think you should be either posted by s at 11 01 pm 9 comments email this blogthis share to x share to facebook share to pinterest thursday august 20 2015 in which i am feeling utterly and totally defeated because of a man i will never meet it is because of cases like this that so many criminal defense attorneys burn out run for the hills or the beaches or the forest it is so hard to be part of a system that allows this to happen that considers this an acceptable result jerry hartfield has been in prison for over 35 years even though since 1980 he has not had a conviction he hasn t been sitting in a county jail waiting for trial with the attorneys working on things that lead to the trial being delayed he s been in the state prison system being treated like he was convicted of rape and murder for decades his own lawyer didn t seem to understand that having his conviction overturned meant the state didn t get to continue to hold hartfield it was that very lawyer who worked to get the governor to commute hartfield s non existent death sentence to life and then that was it hartfield sat in prison he sat and sat and sat with no conviction no sentence no authority to hold him at all all until finally some other inmate looked through his paperwork and discovered the blatantly obvious error so hartfield began raising the very logical and thoroughly undebatable argument that his right to a speedy trial had been denied that s a constitutional right you know it s one that matters we don t allow states to hold on to defendants imprison them indefinitely without requiring those states to present evidence in court to prove their cases why we don t allow defendants to be held indefinitely without a conviction shouldn t require explanation evidence disappears memories fade witnesses die it becomes more and more difficult for defendants to counter claims against them the longer the gap between the alleged crime and the trial as i wrote before that jerry hartfield s constitutional right to a speedy trial has been violated is not something any rational person can deny but sadly as i also wrote before the person charged with deciding that issue was woefully irrational and refused to release hartfield even in part blamed him for his plight for the prosecution s utter and total failure to do anything after his original convictions were reversed for the state s prison system s utter and total failure to release him and now a jury has reconvicted him of that 1976 crime 125 people on the state s witness list are now dead the murder weapon is missing other pieces of physical evidence are long gone but gee his ability to defend against the state s accusations couldn t have been too prejudiced because a jury found him guilty beyond a reasonable doubt so i guess we re all good now those 30 years of the state of texas ignoring jerry hartfield is just wiped off the slate i am so disheartened by this result i have no more words in all honesty with no hyperbole i have to say i do not know how to continue working in a system that considers this outcome justice posted by s at 9 41 pm 11 comments email this blogthis share to x share to facebook share to pinterest monday july 27 2015 in which donald trump s lawyer doesn t know the law we already knew that donald trump is not in any way shape or form qualified to be president of the united states reality tv show host he can handle but leader of the free world is way way above his skill level while many of us might think that putin is a loser and kim jong un is a dummy diplomacy requires not saying those things out loud the donald doesn t know how to do anything in any other way than as loudly as possible but today we further learned that donald trump s lawyer is well i guess i m gonna do it in terms the donald himself would approve donald trump s lawyer is a loser and a dummy many decades ago the donald s first wife ivana made an accusation about a sexual encounter with her then husband to all english speakers the description she gave sure sounded like a rape a she said no he did it anyway there was force involved rape this allegation has been known for decades was in fact covered in a book published in 1993 but the donald is running for president now so it came back to light today the donald s attorney responded to the questions with an epically incorrect legal answer according to the donald s attorney and of course understand that by the very definition you can t rape your spouse you cannot rape your spouse and there s very clear case law i ll give you a minute to facepalm let me know when you re ready to resume reading you re ready now no yeah he really said that need a little more facepalm time i get it ok let s just be clear about one thing in every state in this country having sex with a person who has said no who has not consented is rape period end of story ring vows certificates none of it matters no means no regardless of marital status and no state in this country has said otherwise since 1993 it s true that shamefully there used to be laws in these united states that said that it was a defense to a rape charge that the defendant is married to the victim these laws stemmed from the gross patriarchal despicable idea that sex was a marital right due to men that women couldn t deny them fortunately our society eventually said that was a big load of hooey and all of those laws have been changed all of them in all 50 states there are still some states that distinguish situations of intoxication or other incapacitation but let s not make ourselves angry dwelling on that stuff right now instead let s focus on the fact that any time a conscious person says no or otherwise does not consent to sex but is made to engage in sex against her or his will it is rape under the law and no state will claim the defendant has a defense by virtue of being married to the victim the last such law was repealed in 1993 phew the donald s lawyer doesn t know this he doesn t seem to understand any of the law as it relates to rape and consent and marriage now the lawyer might now claim he was referring to the law at the time of this alleged incident which i understand to be around 1989 but sadly for the lawyer the law in new york which i believe would have been the relevant jurisdiction stopped recognizing marriage as a defense to rape in 1984 so that doesn t even save this guy this lawyer s answer today was that you can t rape your wife that hasn t been the law anywhere for over 20 years and in new york for over 30 years so yeah this lawyer is a dummy who gives horrible legal advice which kinda makes him a loser it certainly makes him someone none of us should feel comfortable being so close to a top of the polls presidential candidate so we actually did learn some good stuff today we learned that the donald s lawyer badly needs to attend some continuing legal education courses we learned that the donald doesn t surround himself with the best and the brightest as his chief lawyer is at least 30 years out of date on some key points of law we didn t really learn that the donald is a megalomaniac who thinks he can do what he wants with people he controls like his wives because this allegation has been public for over 20 years as for the lawyer i hope the one thing he learns is this you re fired posted by s at 10 41 pm 4 comments email this blogthis share to x share to facebook share to pinterest thursday july 16 2015 we re terrible at treating mental illness in this country we ignore it we discourage people from talking about it we don t pay for treating it people bemoan the lack of mental health treatment in this country the fact that our standard way of dealing with mental health issues is to imprison folks in the abstract when talking about the big picture a lot of people seem to get it they get that we don t treat mental illness we criminalize it and that this is tragic this is a common refrain i hear from people in all walks of life but most of you who say this who bemoan the lack of mental health care in this country are full of crap because when push comes to shove most people faced with a particular individual refuse to accept mental illness as an excuse which is how we get to james homes the aurora theater shooter being convicted of murder instead of properly being found not guilty by reason of mental disease or defect the guy is nuts he dyed his hair orange he booby trapped his apartment his parents tried and tried to get him help people at his school were alarmed by his increasingly erratic behavior the guy s brain just isn t right don t tell me he premeditated he planned so that proves he wasn t mentally ill you re just proving you don t understand mental illness at all if you think planning and total psychosis are mutually exclusive they most definitely are not in colorado once a defendant meets the threshold for a defense on the basis of insanity or mental disease or defect the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant is not suffering from mental illness in theory that s quite a burden from everything i have anecdotally seen about james holmes it s almost impossible to think the state could do this knowing what i know about death qualified juries they re predisposed to convict and the way americans refuse to accept mental illness as an excuse for behavior even though that s exactly what it is i don t trust this jury s verdict not for one second instead i think this verdict is proof that the reason mental illness doesn t get the treatment it deserves in this country is because deep down most americans don t really believe mental illness is a real thing most americans think james holmes andrea yates john hinckley jr or other psychotic people knew exactly what they were doing knew it was wrong and could have stopped themselves if they d wanted to never mind that the illness is in the brain itself so expecting ordered thought to overcome the disorder is kinda like expecting a color blind person to know the thing she s seeing is red even though her brain sees it as green i m losing hope that we as a nation will ever take mental illness seriously posted by s at 10 07 pm 1 comment email this blogthis share to x share to facebook share to pinterest tuesday june 16 2015 so i ve been really quiet lately i know that i feel like a little bit i ve lost my voice...
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