Material witness in custody

[JerryBaumchen 1,470]

Hi folks,

I was wondering if our resident attorneys would have a thought or two on this one.

This guy has been held for nearly 900 days:

http://www.oregonlive.com/portland/index.ssf/2015/03/oregon_man_commits_no_crime_bu.html

Jerry Baumchen

PS) This may get moved over to SC; so be it.

[FlyingRhenquest 1]

I'm not a lawyer, but I'd drop a heabeas corpus writ on them, quickly followed by a federal civil rights lawsuit. Sounds like the guy's also currently incompetent to provide testimony, if he ever was.

I'm trying to teach myself how to set things on fire with my mind. Hey... is it hot in here?

[JohnMitchell 16]

I can't believe that's legal. . .

[akarunway 1]

JohnMitchell

I can't believe that's legal. . .

Land of the free and home of the brave my ass. This country is the new Germany circa 1939. You are nothing but a taxpaying slave to the state. Unless you have megabucks. Glad I'll be dead before the final outcome.

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[turtlespeed 226]

JerryBaumchen

Hi folks,

I was wondering if our resident attorneys would have a thought or two on this one.

This guy has been held for nearly 900 days:

http://www.oregonlive.com/portland/index.ssf/2015/03/oregon_man_commits_no_crime_bu.html

Jerry Baumchen

PS) This may get moved over to SC; so be it.

That's Oregon for you.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[chutem 0]

Yikes, the police can threaten to hold your family in jail (and do it) as witnesses if you don't admit your crime and tell them where the body is.

[JerryBaumchen 1,470]

Hi John,

Quote

I can't believe that's legal. . .

From an additional article in today's paper: "In Oregon, a judge can keep material witnesses in custody until they testify or release them pending trial."

Jerry Baumchen

[JohnMitchell 16]

I can't believe that law is constitutional.

[wolfriverjoe 1,523]

JohnMitchell

I can't believe that law is constitutional.

Well, it's probably right on the edge.

I think the reason that they can get away with it is the "released on bail" part. According to the story, they offered to allow him to go free on $50k bail, but he doesn't even have $5 to put up.

So, in theory, he could be freed. But in reality, he's sitting for a long, long time.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[grue 1]

wolfriverjoe

***I can't believe that law is constitutional.

Well, it's probably right on the edge.

I think the reason that they can get away with it is the "released on bail" part. According to the story, they offered to allow him to go free on $50k bail, but he doesn't even have $5 to put up.

So, in theory, he could be freed. But in reality, he's sitting for a long, long time.

So much for the 8th amendment.

cavete terrae.

[GeorgiaDon 381]

I think the reason that they can get away with it is the "released on bail" part. According to the story, they offered to allow him to go free on $50k bail, but he doesn't even have $5 to put up.

So, in theory, he could be freed. But in reality, he's sitting for a long, long time

This is a common problem for the poor. Many of the recipients of Sheriff Joe Arpaio's style of "justice" are in this boat: awaiting trial, not convicted (and so "presumed innocent" ) but unable to afford bail.

Don

_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)