Open Thread, Monday Night

posted by Crane-Station
2-17-14

Here are some updates on other stories and legal cases that have been in the news:

Jodi Arias:

The sentencing phase for Jodi Arias, which was set for March, has been postponed. Judge Sherry Stephens has not set a new date, for sentencing. The court received two motions from the defense team. First, the defense wants to keep from the jury, that Arias wanted to fire her lawyer, Kirk Nurmi. In a 15-page letter to the court earlier, Arias claimed that Kirk Nurmi didn’t like her, and that she didn’t trust him and also, he has “”utter poverty of people skills.” The defense argues that if the sentencing jury sees this, they will be prejudiced.

The second motion has to do with a problematic interview that an ex-cellmate of Arias gave to HLN, in November. Phoenix New Times reports:

In an interview with Fox-10 News (KSAZ-TV) on November 26, then on Headline News Network on January 8, Collins said that while she was Arias’ cellmate before the trial, Arias told her she was considering asking a hit-man to give Martinez “a ‘mafia bowtie,’ meaning having someone slit his throat.” Collins also said Arias had no remorse for her murder of Alexander.

Arias’s defense team does not want the jury to hear of this interview because it may unfairly prejudice the jury. The defense team claims that the statements that Collins made to the press in the interview are false.

Darrin Manning:

Darrin Manning was injured in a pat-down search in Philadelphia on January 7. He is a 16-year-old high school student, who was apparently with his sports team, but for some reason was seized for running from police because he was frightened. During the pat down, the female police officer grabbed his left testicle and pulled. Manning underwent surgery the next day. A small blood clot was removed. Initial reports were that the testicle was ruptured, and although that is thankfully not the case, Philly.com reports:

The District Attorney’s Office has launched a grand-jury probe into the incident, in which the cop is alleged to have violently grabbed the boy, Police Commissioner Charles Ramsey said yesterday.

Marissa Alexander:

Marissa Alexander remains on home detention and on bond, awaiting retrial in her case, where she was initially convicted and sentenced to 20 years, for firing a warning shot.

Her new trial is scheduled for March 31.

The activist site Free Marissa issued the following statement, regarding the verdicts in Dunn:

Yet again, we believe that Angela Corey has failed the constituents of Florida and a pattern of institutional racism in Florida’s justice system continues to devastate. Corey has once again proven incapable of obtaining a murder conviction against a white man who took the life of a black teenager. Yet, Corey somehow continues the unjust prosecution of Marissa Alexander, an African American woman from Jacksonville, FL who defended her life from a violent act of rage and power from her estranged husband, and who caused no injuries.

We are outraged that once again a white man’s fear is judged more worthy than a black youth’s life, while a black woman’s fear was rendered invisible or impossible, as was the case in Marissa Alexander’s Stand Your Ground hearing. We continue to advocate for justice for Jordan and his family, and call for immediate and transformative responses to the racism woven throughout the US criminal justice system.

Theodore Wafer:

The Final Call reports that Theodore Wafer will go to trial in June, to face a murder charge for the killing of Renisha McBride:

DETROIT – A June trial is scheduled for a Detroit-area man charged with second-degree murder after shooting a young woman on his porch.

Unrelated to court cases, here is a couple breaking up, using 154 movie titles:

This is an open thread. What upcoming legal situations or court cases would you like to follow, or hear more about? Or not!

40 Responses to Open Thread, Monday Night

  1. Malisha says:

    OMG that recent picture of Fogen is so physically unattractive I can’t even stand to look at it. He looks like a Halloween mask of Humpty Dumpty. Makes me want to smash his head on the concrete over and over until he wears diapers, and THEN kick his ass.

  2. Boyd says:

    Any truth to this headline found today on mailonline

    George Zimmerman flees Miami after being accosted on beach and $10,000 bounty put on his head

    Read more: http://www.dailymail.co.uk/news/article-2561781/Zimmerman-accuses-Obama-making-scapegoat-says-wants-lawyer-stop-suffering-miscarriage-justice-claims-did.html#ixzz2thRzGPWx
    Follow us: @MailOnline on Twitter | DailyMail on Facebook

  3. looneydoone says:

    I’m keeping an eye on the “accidental overdose” death of Albert Wright in Jasper Texas (Sabine county)…the man was found with his throat slit, tongue missing, ear sliced off, puncture wounds on his legs, stripped of his clothing, a cell phone tucked neatly in his sock. Locals are posting that it’s well known the Sheriff’s daughter had been meeting Mr Wright in local motels for trysts.

    This may be another case of interest to readers, and following along on the death of Kendrick Johnson too

    • Malisha says:

      It appears that if an African American is dead by violence, he either did the violence to himself (by suicide or stupidity and clumsiness) or he was TRYING to kill some innocent white man who had to stand his ground while shitting bricks.

    • Will check.

      Reminds me of Jesus Huerta supposedly shooting himself in the head while handcuffed with his hands behind his back.

  4. MDH says:

    A black person presumed to be criminal and not truthful vs. a white person presumed lawful and honest is at the heart of both the Zimmerman and Dunn trials.

    In each case, some of all of the jurors assumed an unsubstantiated criminal act on the part of the black victim based on believing a white defendant who, in each case, was proven to be a liar.

    Also, any testimony by a black person was blithely ignored.

    • MDH says:

      The integrity of whiteness given the defendants extended to ignoring that they had a vested interest in misleading the jury in that they were facing life in prison.

      I review statement by experts as part of IP.

      One rule about testimony by an expert is that it has little or no probative value, unless backed by solid evidence, when the party giving the testimony has a vested interest in the result.

      That’s why I gave gym owners testimony no value.

      He has a vested interest in his client – George Zimmerman.

      And showed no tests or scientific principle to prove he was weak with respect to Trayvon Martin.

      He heard that George was not a good puncher is total crap to support his allegation in that he never even saw the physical capabilities of Trayvon Martin to reach any relative conclusion.

    • Malisha says:

      Except the Black RTL resident in the bathrobe who said Fogen was “nice.”

  5. JJ says:

    Very interesting article about human perception. Whites are presumed innocent, blacks are perceived with crime and thuggery. Police have the same problem. Particularly alarming is when one of Jeffrey Dahmer’s victims escaped screaming, nude and bleeding. Because Dahmer was white and blond, they believed him and returned the Asian American boy as a consenting adult and returned him to Dahmer. This distorted race perception results in no justice for non-whites and a “get away with murder” for whites.
    http://www.cnn.com/2014/02/12/opinion/anderson-dunn-trial/

  6. bgesq says:

    soulcatcher- i have same idea- they might be shut off though- maybe we can call electric co and just pay without account number? by name ? i found paducah power and kentucky utilities co- not sure which it is though. anyone know who the power co servicing Mr. Leatherman and CS is?

  7. Soulcatcher says:

    Fred or CS,

    See my response re you electric bill on the prior thread.

  8. crazy1946 says:

    Professor, A question, if Strolla does not continue to serve as defense attorney for Done Dunn, do you think that the court will agree to a public defender for him? Because Done Dunn is an adult, I could not see that his parents should/would have to continue to pay for his defense… It does not appear that he has the personal assets necessary to do it either…

    • Malisha says:

      Thing is, if he gets a public defender, he will necessarily feel and act as if he is superior to the public defender, and as if the public defender is not good enough for him…Bwaaahahahaha!

      I have been thinking about the fear of young Black males.

      Here’s the thing: middle-aged or even young white males who are insecure in their sexuality or who think they should be entitled to more worship-behavior from females than they get, and who are perhaps inadequate sexually, naturally “fear” young Black males for their presumed extraordinary sexuality. It’s that “lower beasts are oversexed” idea that obsesses many a — a — ahem — limp white male. He really DOES fear the symbolic dominant sexuality of the young “buck” — a word that is no longer said, but for which “thug” has been doing switch-off service. The young Black male is considered threatening in that he is more attractive sexually to females and therefore threatens the security of the male in “his” domain.

      One look at Fogen with his chubby little baby-walk (low testosterone much?) and one look at FoDung with his jowly pasty puffy face (not very promising about other areas, is it?) and you get the definite impression that they hated the symbol of virile young “animalistic” African Americans with their frank rhythmic music and their violent hoodies.

      • Thing is, if he gets a public defender, he will necessarily feel and act as if he is superior to the public defender, and as if the public defender is not good enough for him…Bwaaahahahaha!

        True, a lot of people dis the public defender (mine was a snake, for example) but the real truth is, at that level…getting up into appeals in murder cases, the public defender has a whole bunch of resources that private counsel may not have, plain and simple. At that level Dunn will need to figure out a way to be thankful.

      • MDH says:

        Another possible dark side is latent homosexual thoughts. IMO, sexuality is not a stark binary thing. So a lot of males or females in the middle, though heterosexual, probably have thoughts about those of the same sex. In an insecure racist, that can be a source of violent rage. It is my opinion that the NYC police officer who raped his black victim with the handle of a plunger was a closet homosexual with rage issues. Whether or not that applies to Zimmerman or Dunn, I don’t know. I tend to side with the insecurity theory. Look at how Taffe, another man with similar traits to Zimmerman and Dunn, rails about white women who date or marry black men.

        • Malisha says:

          Oh I haven’t followed Taaffemania so I didn’t know that was another problem he had. HA HA HA! Reminds me of a guy from Mississippi I met who started beating his wife after she commented that a certain Black TV actor was handsome; he plainly admitted that he couldn’t get it out of his head that she found that celebrity (not someone she or he ever met, mind you) attractive and eventually she divorced him (way too late in my opinion) and remarried — a man who was not much handsomer than the abuser-husband she dumped, and who was also white, but who apparently didn’t have “issues” with the idea that there’s competition in the world.

          • MDH says:

            I don’t give a shit about the color of the men my wife thinks are hot. She digs 50 cent and Brad Pitt. Me, I find Jennifer Aniston and Serena Willams hot to trot.

            To me, it comes down to appreciating people for their unique attributes.

            What is more beautiful?

            I field of perfect uniform corn or a meadow of wild flowers?

      • Patdeadder says:

        Malisha So that’s why my xhusband made horrible comments when he saw a white woman with a black man.
        My comment was always who cares.
        The list of the kind of people he hated was endless.
        Guess it was ok to be a weekend drunk and wife beater.

    • The answer is (typing Fred’s answer)…yes. If he qualifies as indigent, he 1) has a right to direct appeal and 2) If he is out of money and indigent, he is entitled to a lawyer to represent him, at public expense. On the retrial of the first count, same thing. If he is indigent, he can have a public defender. This is an interesting case, because there is not a final judgment on the first count. They have to resolve the hung jury count. Right now, Corey says she is going to retry that, but …not sure what will happen.

      Now. Let’s say (hypothetical now) he loses on the direct appeal, and he wants to appeal again, in federal court, with a habeas petition. That would be the next level of appeal. At that point, he is no longer entitled to a public defender. In death penalty cases, the defendant does have a lawyer at public expense, all the way through the appeals process, but Dunn is not a death penalty case.

      If he is pro se (on his own) as he exhausts appeals after his direct appeal, and he is incarcerated, he will likely have access to a jailhouse lawyer- that is, (don’t laugh, they are really good) inmates in the inmate legal department to help him write his legal arguments.

      Having said all of that, Fred is not seeing any viable appeal issues at this point. Still, he is entitled to an appeal.

      • Malisha says:

        And after all, if Fogen gets a license to practice law he can go help FoDung pro bono! YAY HA HA HAHAHAHAHA!! They deserve each other!

        • crazy1946 says:

          Malisha, First he will have to find a mail order law school that will accept him. No brick and mortar school would accept him, he would be too much distraction and drama for the rest of the students… Besides before he could pass the bar exam, Done Dunn will be totally Done with life, few people live to 150 years old…

        • MDH says:

          Fogen would be the LSAT equivalent of Jim Otto 🙂

          I could see him doing a logic question.

          James is a track athlete at a fine prep school which requires their athletes to wear tan slacks, white sneakers and a grey hoodie with the school logo when going or coming from practice. After a hard day of practice, James likes to stroll to a 7-11 for Skittles and ice tea in order to make up for the massive carb loss that running ten full sprints of the 100 causes.

          Which is more likely to be the case, if you see a teen walking down the street at 7PM dressed in tan pants, white sneakers and a hoodie?

          A) A student athlete going about his or her business.

          B) A burglar, trying to use the white shoes to blind anyone who might see that he is up to no good

          C) none of the above

          D) All of the above, but you should shoot to kill

        • racerrodig says:

          That “I want to be a lawyer so I can prevent the injustices that happened to me” crap.

          So he’s decided to be come a lawyer so he can open a “Don’t shoot the black male teens” academy.

          Or does he want to be a lawyer who specializes in copying others artwork.

          I’m sure Fogen will specialize in defending insecure, stupid, un / underemployed Afro – Peruvian, gun nuts, in troubled marriages, with lots of debt who shoot unarmed male teens in the dark after being told by at least one police agency to back off.

          Because, that’s his specialty.

          Everything he says is bs and we all know that. He has as much chance of being a lawyer as I have of getting younger.

          One word “Ambition” He spent 7 + years on a 2 year Criminal Justice course, which he failed, so how does he complete 4 years of college and get through law school……and who would hire him?? He can’t get a job sweeping floors as it is now.

          • Trained Observer says:

            How is a guy yet to get even a B.A. from Puddville College expect to get into law school, much less pass a bar exam?.

          • Malisha says:

            But he COULD get a job sweeping floors. He is just lazy and refuses to! HE IS what racist assholes complain African Americans are: shiftless, lazy, dishonest, violent, chip on his shoulder, thinking the world owes him, and always looking for a handout.

      • MDH says:

        The guy is such an obvious mealy mouthed liar. He claims to have mentored some black teens during his weekly, whoops he meant monthly, engagements, right?

        And yet he could not find a way to start a conversation with Trayvon Martin?

        • Trained Observer says:

          Lord help anyone subjected to being mentored by this dufus. Those kids or their parents never came forward because, as I suspect, they don’t exist.

          • dee truth says:

            I read the Unavision transcript and he never could or would answer the question about what topics he discussed with and “mentored” the kids on. He did say he played ball with them. George needs to sit down somewhere and stfu. He keeps making people hate him more and says he doesn’t understand why. He just blames POTUS Obama and AG Holder. Clueless. Couldn’t bring myself to watch the CNN interview.

          • Malisha says:

            Mentoring underprivileged kids? Teaching them what: to be submissive enough to avoid being murdered?

  9. Hello everyone! I am seeing reports on Jodi Arias, and I do not see a new trial date yet. The reasons seem pretty variable though.

    For example, Epoch Times reports:

    Jodi Arias will have her sentencing trial date pushed back from March 17 because of a prosecutor’s scheduling conflict–amid a report saying that she might have to get new lawyers after motions were filed this week.

    http://www.theepochtimes.com/n3/510921-jodi-arias-trial-sentencing-pushed-back-arias-may-have-to-get-new-lawyers/

    So, a scheduling conflict.

    • If she gets a new defense team, that will necessitate a lengthy continuance for them to get up to speed, possibly a year or more.

      She’s not in a hurry because she’s already looking at life without parole.

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