Michael Dunn trial date continued

April 23, 2014

Wednesday, April 23, 2014

Good afternoon:

News4Jax is reporting that Michael Dunn’s trial date has been continued at the request of his public defender, Waffa Hanania. The court will set a new trial date at a hearing on June 9th.

Ms. Hanania has to watch the trial and review thousands of pages of police reports, forensic reports, autopsy reports, witness statements to police, witness depositions, trial transcripts, and defense investigation reports to review before she can realistically determine what else she must do to prepare for trial and how long it will take her to do it. In addition, she has other cases to handle and some of them will have scheduled trial dates.

I think Judge Healey will set a new trial date in the late fall or early next year. There is no reason to hurry because Dunn isn’t going anywhere. He will remain in the county jail until his case is resolved.

The judge has already ruled that the sentencing for the three attempted murder convictions will have to wait until the murder charge is resolved.

Whether he is found guilty or not guilty, a sentencing will follow, probably about 30 days after verdict.

If the new jury cannot agree on a verdict and a mistrial is declared, Angela Corey will have to again decide whether to retry him.

There is no limit to the number of times she can retry him on the murder charge, if each jury cannot reach a unanimous verdict. The Double Jeopardy Clause does not prevent a retrial because no verdict has been reached.

I doubt she will try the case a third time, if the second jury hangs.

As I’ve said many times beginning with the Zimmerman case, jury selection is the most important part of these ridiculous white-man-shoots-unarmed-black-kid self-defense trial.

If Corey and her team do not weed out the racists, they ain’t going to win.

They also need to take another run at persuading Judge Healey to allow them to introduce Dunn’s racist letters, phone calls, and graffiti on his cell wall to show why he he shot at the kids. Authentication of the graffiti might pose a problem, but it should not be difficult to find someone to identify it as his.

I believe the evidence is admissible to prove motive under Rule 404(b). Motive is relevant and admissible because he is charged with premeditated murder and he claims self-defense. Indeed, his state of mind is the primary issue in the case.

And, if he dares to open the door again by placing his character in issue, Corey better be prepared to back the garbage truck up to the courthouse door and dump all of the stinky stuff the former neighbor knows about him on the courtroom floor.

If you appreciate what we do and have not already made a donation, please do so today.

Fred


Yet Another Heartbreaking Inmate Death

April 23, 2014

posted by Crane-Station. cross-posted at MyFDL, Firedoglake (Over Easy)

In a report titled Kentucky Inmate Starves to Death, the Associated Press (AP) reported on Monday that James Kenneth Embry, age 57, died of starvation at the state penitentiary in Eddyville, Kentucky, on January 16, 2014. There is an additional report with a timeline of events. The story is both shocking and heartbreaking and begs the question: How many more may there have been that we do not know about?

Kentucky State Penitentiary

Kentucky State Penitentiary complex in Eddyville, Kentucky, United States

Had the AP not acted on a tip and filed a Freedom of Information Act (FOIA) request for the autopsy report and other documents, the public would not have known what happened. Egregious and horrific events like this are not supposed to happen in this country and without documentation no one would believe it. Indeed, this is the sort of story that a researcher might come across in a history book, or in PubMed, describing famine in a country experiencing conflict in combination with limited resources.

There is a common misconception about incarceration, that inmates have access to all of the best medical care in America, the best free food, warm, cozy comfortable beds to sleep in, really awesome dental care, totally amazing, free university education as well as a collection of graduate degrees, and a whole host of other cool amenities. All are false.

Dental care is nonexistent in the jails, where the vast majority of Kentucky nonviolent drug offenders serve their sentences. In prison, dental care consists of a counting of the teeth, or a pulling of all of the teeth. All educational materials are specifically banned in the many of the jails, and the only reading material allowed is certain types of religious material. In prison, there is vocational school; any education expenses beyond that come directly off the inmate’s books. Medications are all automatically stopped at arrest. One must move mountains to get any sort of mental health medications whatsoever. This often involves a gatekeeper process that many of the mentally ill simply cannot navigate.

It does not make sense that a mentally ill individual stressed by the harsh environment of jail or prison must act as one’s own medical advocate, leaping through hoop after hoop after hoop, begging for help, begging for medications, just begging…but that is how it is. Things spiral out of control, and often, the more the mentally ill inmate cries, yells, bangs his head, or spreads feces on the wall, the harsher he is punished. Inevitably comes “suicide watch.” Suicide watch is a euphemism for the hole, as is “medical watch.” These are punishment cells.

In other words, the caged mentally ill in America are not receiving any sort of adequate medical care. They are in many cases not receiving any medical care at all. Rather, they are being punished for a condition that they did not choose to have, and then, they are being blamed for it later on. For example, the Kentucky Medical Examiner listed “suicide” as the cause of death in James Kenneth Embry’s case, according to the AP report (please. see link). Mr. Embry was 6 feet tall, and he weighed 136 pounds.

For today’s post, you must refer to the references:

Kentucky Inmate Starves to Death LOUISVILLE, Ky. April 21, 2014 (AP) By BRETT BARROUQUERE Associated Press
(note- Many papers carried the AP story, including the Louisville Courier-Journal.)

NATIONAL NEWS Timeline of events in fatal prison hunger strike April 21 The Associated Press

Kentucky prison doctor fired after inmate starves to death Published time: April 22, 2014

Off-topic and unrelated:

BREAKING: The Georgia Legislature has passed a bill that the governor will sign into law, effective July, making this the official state bottle opener.

Georgia Governor To Sign ‘Unprecedented’ Gun Bill

And, as always, our Beloved Decorah Eagles!

Read the rest of this entry »


Ebola deaths exceed 140 and may have spread to Italy

April 22, 2014

Tuesday, April 22, 2014

Good afternoon:

Inquitr is reporting today that the death toll from ebola has topped 140 and the disease has spread out of west Africa and reached Italy.

Almost as bad, the Italian authorities are attempting to disappear the story to prevent widespread panic.

Not a good idea with ebola.


Rape and sodomy charges added against Craig Wood

April 22, 2014

Tuesday, April 22, 2014

Good afternoon:

The Kansas City Star is reporting today that the prosecution has amended the complaint against Craig Wood adding rape and sodomy charges. Because of this new development, the defense will be asking for a continuance of the preliminary hearing that is set for Thursday.

The prosecution claims that it will not be introducing any of his statements at the preliminary hearing, so the motion to suppress his statements is moot and should be denied.

Horrific case just got much worse.


SCOTUS upholds voter-passed law prohibiting affirmative action in university admissions

April 22, 2014

Tuesday, April 22, 2014

Good morning:

The United States Supreme Court issued an opinion today by a vote of 6-2 upholding a voter-passed constitutional provision in Michigan that prohibits colleges and universities from using affirmative action policies in deciding whether to admit applicants to enroll in their academic degree programs.

The decision reverses an en banc decision by the Sixth Circuit Court of Appeals. An en banc decision is a decision by the entire circuit court, as opposed to a three-judge panel.

Justice Anthony Kennedy wrote the majority opinion. He held that the sixth circuit did not have the authority to overrule Michigan voters. He said,

This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it.

Justices Roberts and Alito joined his opinion.

Justice Scalia, joined by Justice Thomas, concurred in the result, but added that parties who claim that a law denies equal protection must show that the law has a discriminatory purpose in order to prevail. He concluded that the constitutional provision was legitimate since it did not have discriminatory purpose.

I rarely agree with Justice Scalia and this is yet another decision with which I disagree. Affirmative action laws were enacted to create opportunities for minorities to acquire the necessary education, skills and experience to overcome discrimination and compete for employment on equal footing with others.

I do not see how he can say with a straight face that the constitutional provision passed by voters prohibiting affirmative action in admissions to state colleges and universities has no discriminatory purpose.

Affirmative action programs were enacted to give meaning to the Equal Protection Clause of the 14th Amendment. Racism is real and only a racist or racist enabler would deny it. Racist voters, who would deny minorities the opportunities for improvement accorded by affirmative action laws because of the color of their skin, establish the discriminatory purpose.

Justice Sonia Sotomayor dissented, joined by Justice Ruth Bader Ginsburg. She read her decision aloud in court this morning noting that the majority decision is a blow to “historically marginalized groups, which rely on the federal courts to protect their constitutional rights.” She warned that, “Without checks, democratically approved legislation can oppress minority groups.”

Justice Stephen Breyer, who usually votes with justices Sotomayor, Ginsberg, and Kagan, deserted them this time. He did not see a problem with allowing voters to decide whether to adopt race-based admissions policies.

Justice Kagan recused herself from participating in this case.

The name of the case is Schuette v. Coalition to Defend Affirmative Action, U.S. Supreme Court, 12-682.

Read the 6th circuit’s en banc decision that struck down the voter passed constitutional provision that the SCOTUS shamelessly upheld today.

If you appreciate what we do and you have not already made a donation this month, please take this opportunity to do so.

Fred


Kansas City Highway Shootings Probable Cause Statement Analysis

April 21, 2014

Monday, April 21, 2014

Good morning:

I write today regarding the affidavit for probable cause in the Kansas City highway-shootings case. I conclude the affidavit contains sufficient information to establish probable cause to believe that Mohammed Pedro Whittaker shot at 12 victims in their vehicles on highways in the Kansas City area between March 18th and April 6th of 2014.

The affidavit by Detective Dawn McCamish of the Kansas City, Missouri Police Department identifies 12 victims in 11 vehicles who were shot at while exiting highways in the Kansas City area.

Three of the victims were wounded (victims 1, 9 and 11 in the affidavit). Victims 1 and 9 were shot in their right arms with the shots passing through the front seat passenger side windows. Victim 11 was shot in the lower left leg with the shot passing through the door on the driver’s side. All three are males.

Five of the 12 victims are females. Victims 3 and 4 are a mother and daughter who were in the same vehicle with the mother driving and the daughter sitting in the back seat behind her.

Bullets were recovered from each of the 11 vehicles. According to ballistic analysis, all of the bullets were fired from the same weapon, a .380 caliber handgun.

Only two of the victims saw the shooter. Victim 3, the mother driving with her daughter in the back seat, saw a black male wearing a hoodie pull beside her on the left before the shots were fired. She was unable to provide a description of the vehicle that he was driving.

Another victim, who is not identified by number, told the police that he saw a dark metallic green sedan pull alongside him driven by a male wearing a black hoodie, ski mask and dark sunglasses. The window on the passenger side of green sedan was down and front door on the driver’s side of the victim’s vehicle took the shot.

The affidavit also references tips received from three callers an April 8th and 9th.

The first tip on April 8th reported a dark green sedan, possibly a Dodge Neon with Illinois plates followed the caller.

The second tip on April 9th reported seeing a mixed race male in his early 20s wearing a black hoodie and ski mask while driving a green Dodge Neon with Illinois plates.

A third tip received on April 9th reported an encounter that she had with a person driving a light green or turquoise vehicle with damage to the rear bumper. She stopped behind the vehicle at a stop sign. The driver stared at her. He was wearing a gray hoodie and a cloth mask that covered his face.

She followed him after he pulled away from the stop sign and stayed behind him even though he hit the brakes and slowed down as if to allow her to pass him. She remained behind him until she reached the I-71 on ramp. Then she took the on ramp to get away from him.

She reported the vehicle license as Illinois plate G86 5203.

This encounter occurred on March 20th at 1900 hours when the temperature was 70 degrees. She said all of the windows in his vehicle were down.

Police ran the plate. It came back to a white Buick registered to the suspect’s father, who resides at 9624 Beacon.

Police ran an incident search on the white Buick and obtained three hits.

On August 31st, 2013 it was reported parked in front of 9624 Beacon.

On August 30th, it was parked in front of 9622 Beacon.

On August 22nd, it was parked in front of 9622 Beacon with a dark green vehicle parked behind it.

Police ran an incident search on 9622 Beacon and obtained a hit dated October 11th, 2013. On that date, the residents of the house directly behind 9622 Beacon reported that someone fired a shot into their house. The bullet was a .380 caliber.

On April 9th a witness contacted police and reported finding a plastic Walmart bag containing spent .380 caliber casings and empty boxes of .380 caliber ammunition. He found the bag beside a highway while he was searching for his cell phone that he lost.

Police identified the suspect’s fingerprint on the bag.

Police located the suspect’s green Dodge Neon on April 10th and began following him.

On April 11th they saw him contact a male and attempt to purchase a .380 caliber handgun with a laser sight. The male refused to sell the gun because the suspect said he did not have ID. The male provided police with the suspect’s cell phone number. He was able to provide the number because the suspect had texted him to express interest in purchasing the gun, which the male had advertised for sale.

Police were able to determine where the suspect was living from the cellular service provider’s GPS locator.

On April 12th, the police followed him to a parking lot where he parked and left the vehicle. While he was gone, they walked around the vehicle and noted the damaged rear fender reported by the caller who had followed him and obtained his license plate number. From outside the vehicle, they saw a hoodie and a mask in the pocket of the passenger seat.

While following him on April 13th, they saw him remove plastic covering his windows and subsequently engage in erratic driving speeding up and slowing down in his vehicle. At one point, he swerved suddenly and almost struck a Honda that he appeared to be following.

Police obtained search warrants for his residence where they found masks and a .380 caliber handgun that fired the bullets that were recovered from the 11 vehicles.

The suspect’s father told police that he gave the license plate to the suspect.

When the police interrogated the suspect, he waived Miranda and agreed to answer their questions. When they accused him of the shootings, he denied being the shooter at the Jewish Community Center. They told him that they were not talking about those shootings. They said they were talking about the highway shootings.

He denied responsibility for those shootings and then claimed to be one of the victims.

I note parenthetically that the first victim was driving a green Dodge Neon. Probably only the victim and the shooter knew that, so it seems like he was claiming to be the first victim which reminds me of the stealing-the-victim’s-scream strategy used by Zimmerman and Pistorius.

The test for probable cause is whether reasonable grounds exist to believe that the suspect shot at the 11 vehicles.

Based on the information contained in Detective McCamish’s affidavit, I believe there is probable cause to conclude that Mohammed Pablo Whittaker is the person who shot at the 12 victims in the 11 vehicles.

Probable cause is not proof beyond a reasonable doubt. Only two of the victims saw the shooter and his car. All of the cases are tied together by the ballistics evidence and the shooter’s modus operandi to draw next to a potential victim who is committed to an exit lane or on ramp and shooting at the victim who cannot then follow the shooter, if the victim survives the shooting.

Modus operandi evidence is admissible regarding uncharged misconduct pursuant to Rule 404(b) and here there are several instances of his erratic driving in an apparent attempt to line up a potential victim. One incident involved the woman who reported his license plate to police. Another, with police watching, involved the Honda that he nearly ran into.

Appears to be little doubt that he intended to shoot people, not just cars, since he wounded three victims and subsequently attempted to improve his aim by purchasing a .380 caliber handgun with a laser.

Not an airtight case, but close.

Safe to say,

Bring lawyers, guns and money cuz I’m in a helluva jam.

If you appreciate what we do and have not already made a donation this month, please do so today.

Fred


A Walk in the Woods

April 20, 2014

by Crane-Station

Letty Owings, age 89, describes Easter in a farming community during the early 1930s:

At 4AM on Easter Sunday, my dad went outside, fed the animals and milked the cows. Then he made cornbread and opened a jar of apple butter for the cornbread. This was the only work allowed on Easter, because it was considered a sin to work on Easter.

After we ate, we dressed for church. Mom wore her only dress. Women were required to cover their heads in church, so Mom wore her only hat that she called a “pot hat” which was uglier than sin and looked like an upside-down stove pot. Her hat had eye hooks in the back. My dad wore his only suit, and he wore a men’s hat, but since he did not have to wear the hat in church, he hung it on the hat hook in the back of the church. The preacher wore black.

Men sat on the right of the church and women sat on the left, although that changed, sometime later in the 1930s. The church had a pump organ. One person pumped it, while another person was at the keys. The organist maintained his appointment as such until ‘the sheep croaked,’ we used to say as a joke.

Easter was a communion day. The drink was wine and never grape juice, and the bread was broken from a loaf rather than of a wafer variety, but one had to be confirmed to receive communion, so our church did have Sunday School. Baptism was neither by sprinkling nor immersion but by the preacher dipping his entire hand three times to perform the blessing.

After church, there was no communal get-together or meal. Rather, I went for walks with my father in the woods, the pastures, the fields. The flowers and trees were beginning to bloom. Morel mushrooms would come up with the first warm dirt, if the dirt was warm enough. We walked and walked.

During our walks, my dad told me how much we should appreciate the gifts that we have. He would point to the “boy britches,”pink flowers with hearts that resemble boys’ britches, and blooming trees, and “spring beauties” flowers in the meadows.

Easter is a time of rejuvenation and beauty, but something my father said remains with me to this day. He said, “We have done nothing to deserve this.”

I cherished that.


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