Andy9o8 2 #26 December 21, 2010 QuoteLooks like shenanigans to me - I'm sure you think differently, however. In post #6, over a month ago, I said: Quoteit does seem that this judge over-reached the exclusion of defenses to such an extent that there just may be a fair chance of reversal on appeal. Quote Share this post Link to post Share on other sites
rushmc 23 #27 December 21, 2010 Quote Quote Quote Quote Quote Update: NJ Gov. Christie commutes sentence in Brian Aitken gun case Gov. Chris Christie has commuted the sentence of a man who was sentenced to seven years in prison after being found with guns he'd purchased legally in Colorado... Source: http://www.mycentraljersey.com/article/20101220/STATE/101220046/NJ+Gov.+Christie+commutes+sentence+in+Brian+Aitken+gun+case and now the DA that went after him needs to be thrown out of office Not likely, as it's not a case of gross prosecutorial misconduct. What the prosecutor did was use the discretion granted his office to strictly follow the letter of NJ law - a law that I realize you disagree with, but which was created by the NJ Legislature, and signed into law by the Governor. And while you may feel that the NJ law violates the US Constitution's 2nd Amendment, the court allowed the prosecution to proceed to trial, the defendant was convicted by a jury, and that conviction has not been reversed on appeal. FWIW, it seems that county chief prosecutors in New Jersey are appointed by the governor (not elected) to a term of office. Come the end of the term, the governor may either re-appoint the prosecutor to another term, or decline to re-appoint him, and appoint someone else in his place. I'm sure politics and ideology play a large part in such appointments. I know it is not likley However it is clear (at least to me) his decision making skills are quesionable at best He should be removed Much like the 4 IA SC justices will soon be removed You're missing the point, and thinking with your heart and not your head. #1- He can't be removed, before his term of office expires, for using his lawful discretion, even if people think it was a dick move, unless he abused his office by gross misconduct or corruption. That didn't happen here. #2 - You're directing all your anger against the prosecutor. But the legislature, governor and courts all played an active part in this, too. Had the new governor not commuted the sentence, the defendant's sentence would still be in effect. The Gov commuted his sentence so he is clear of this because he did do the right thing As for gross misconduct? Well, that would need to be investigated to determine correct? I have no anger but there is a clear disgust for anyone who would learn the facts of this and then decided to continue. The courts playes a part as you state. And therein comes my disgust for many judges They (all judges) need to understant that they are not all powerful. If they decide to rule with their opinion and agendas vs the rule of law then they need to know they can and will be dismissed and their pensions will go bye bye"America will never be destroyed from the outside, if we falter and lose our freedoms, it will be because we destroyed ourselves." Abraham Lincoln Quote Share this post Link to post Share on other sites
rushmc 23 #28 December 21, 2010 Quote Quote Quote Quote Update: NJ Gov. Christie commutes sentence in Brian Aitken gun case Gov. Chris Christie has commuted the sentence of a man who was sentenced to seven years in prison after being found with guns he'd purchased legally in Colorado... Source: http://www.mycentraljersey.com/article/20101220/STATE/101220046/NJ+Gov.+Christie+commutes+sentence+in+Brian+Aitken+gun+case and now the DA that went after him needs to be thrown out of office Not likely, as it's not a case of gross prosecutorial misconduct. What the prosecutor did was use the discretion granted his office to strictly follow the letter of NJ law - a law that I realize you disagree with, but which was created by the NJ Legislature, and signed into law by the Governor. And while you may feel that the NJ law violates the US Constitution's 2nd Amendment, the court allowed the prosecution to proceed to trial, the defendant was convicted by a jury, and that conviction has not been reversed on appeal. Quote According to testimony Torries later gave at Aitken's trial, before leaving Colorado Aitken researched and printed out New Jersey and federal gun laws to be sure he moved his firearms legally. Richard Gilbert, Aitken's trial attorney, says Aitken also called the New Jersey State Police to get advice on how to legally transport his guns, although Burlington County Superior Court Judge James Morley didn't allow testimony about that phone call at Aitken's trial. ***Brian Aitken claimed he was moving between residences, and there is pretty strong evidence that he was. Sue Aitken testified that her son was moving his belongings from her house to his. So did Aitken's roommate. One of the police officers at the scene testified that Aitken's car was filled with personal belongings. Yet Judge Morley wouldn't allow Aitken to claim the exemption for transporting guns between residences. He wouldn't even let the jury know about it. During deliberations, the jurors asked three times about exceptions to the law, which suggests they weren't comfortable convicting Aitken. Morley refused to answer them all three times. Gilbert and Nappen, Aitken's lawyers, say he also should have been protected by a federal law that forbids states from prosecuting gun owners who are transporting guns between residences. Morley would not let Aitken cite that provision either. Looks like shenanigans to me - I'm sure you think differently, however. I think the misconduct investigation of both the judge and the DA should begin"America will never be destroyed from the outside, if we falter and lose our freedoms, it will be because we destroyed ourselves." Abraham Lincoln Quote Share this post Link to post Share on other sites
mnealtx 0 #29 December 21, 2010 True, you did. However, does this bias by the judge not constitute prosecutorial misconduct, as well?Mike I love you, Shannon and Jim. POPS 9708 , SCR 14706 Quote Share this post Link to post Share on other sites
Andy9o8 2 #30 December 21, 2010 QuoteTrue, you did. However, does this bias by the judge not constitute prosecutorial misconduct, as well? No, prosecutorial conduct and judicial conduct are separate things. Now there is such a thing as judicial misconduct, but the standard for that is far, far greater than a judge simply ruling incorrectly because he's full of shit. That happens all the time, and that's what appellate courts are for. Re: "bias", as I posted way up-thread a few weeks ago, probably about 90% of judges are biased in favor of the prosecution in criminal cases, rather than simply being neutral. And except for unusual cases like this, most people really don't give a shit that that's the case since, obviously, criminal defendants aren't exactly the most popular segment of society. Quote Share this post Link to post Share on other sites
Andy9o8 2 #31 December 21, 2010 QuoteI think the misconduct investigation of both the judge and the DA should begin My last thwack of this dead horse: There was no "misconduct" by either the prosecutor or the judge. The prosecutor simply acted within the scope of his lawful discretion, and the judge simply made a ruling of law on the admissibility of certain evidence and arguments at trial, with which appellate judges may or may not agree. Quote Share this post Link to post Share on other sites
rushmc 23 #32 December 21, 2010 QuoteQuoteI think the misconduct investigation of both the judge and the DA should begin My last thwack of this dead horse: There was no "misconduct" by either the prosecutor or the judge. The prosecutor simply acted within the scope of his lawful discretion, and the judge simply made a ruling of law on the admissibility of certain evidence and arguments at trial, with which appellate judges may or may not agree. That is your opinion but I think you are looking at it from your emotional attachment to judges and other lawyers You know Instead of thinking you are feeling"America will never be destroyed from the outside, if we falter and lose our freedoms, it will be because we destroyed ourselves." Abraham Lincoln Quote Share this post Link to post Share on other sites
Andy9o8 2 #33 December 21, 2010 QuoteQuoteQuoteI think the misconduct investigation of both the judge and the DA should begin My last thwack of this dead horse: There was no "misconduct" by either the prosecutor or the judge. The prosecutor simply acted within the scope of his lawful discretion, and the judge simply made a ruling of law on the admissibility of certain evidence and arguments at trial, with which appellate judges may or may not agree. That is your opinion but I think you are looking at it from your emotional attachment to judges and other lawyers You know Instead of thinking you are feeling Uh, those who know me personally know that my "emotional attachment to judges" goes no farther than enjoying the fantasy of sticking my foot up their ass. I'm no big fan of dickhead DAs, either. Quote Share this post Link to post Share on other sites
rushmc 23 #34 December 21, 2010 QuoteQuoteQuoteQuoteI think the misconduct investigation of both the judge and the DA should begin My last thwack of this dead horse: There was no "misconduct" by either the prosecutor or the judge. The prosecutor simply acted within the scope of his lawful discretion, and the judge simply made a ruling of law on the admissibility of certain evidence and arguments at trial, with which appellate judges may or may not agree. That is your opinion but I think you are looking at it from your emotional attachment to judges and other lawyers You know Instead of thinking you are feeling Uh, those who know me personally know that my "emotional attachment to judges" goes no farther than enjoying the fantasy of sticking my foot up their ass. An emotional responce none the less Think man think"America will never be destroyed from the outside, if we falter and lose our freedoms, it will be because we destroyed ourselves." Abraham Lincoln Quote Share this post Link to post Share on other sites
Andy9o8 2 #35 December 21, 2010 you got me figgered out i surrender Quote Share this post Link to post Share on other sites
rushmc 23 #36 December 21, 2010 Quote you got me figgered out i surrender Whats the matter dude You can tell someone that you disagree with, that they are not thinking, but feeling But you cant handle that back?? Yep You bin fingered out alright"America will never be destroyed from the outside, if we falter and lose our freedoms, it will be because we destroyed ourselves." Abraham Lincoln Quote Share this post Link to post Share on other sites
