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Attorney wants Phoebe Prince’s medical records (Mass. bullying case)
Boston Herald ^
| 04/10/10
| Marie Szaniszlo
Posted on 04/11/2010 8:52:46 PM PDT by jerry557
click here to read article
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Looks like they are going to try the good old "trash the victim" defense.
1
posted on
04/11/2010 8:52:47 PM PDT
by
jerry557
To: Niuhuru; Morgana
2
posted on
04/11/2010 8:54:10 PM PDT
by
jerry557
To: jerry557
Seems like a very normal request.
3
posted on
04/11/2010 8:59:17 PM PDT
by
antceecee
(Bless us Father.. have mercy on us and protect us from evil.)
To: jerry557
Looks like the presumption of innocence and the right to competent counsel still apply .
4
posted on
04/11/2010 8:59:40 PM PDT
by
kbennkc
(For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
To: jerry557
I don’t know the exact legal term, but I am aware there is a law that states it doesn’t matter what is in the victims medical history, if your actions lead to their death. Meaning if you hold up a gas station and a person with a heart conditon drops dead from shock, you are responsible for their death, their medical state is not a factor.
5
posted on
04/11/2010 9:06:36 PM PDT
by
LukeL
(Yasser Arafat: "I'd kill for a Nobel Peace Prize")
To: kbennkc
Looks like the presumption of innocence and the right to competent counsel still apply . B-b-b-but, what about those bullies? Shouldn't we suspend all constitutional protections for bullies? /s
6
posted on
04/11/2010 9:08:12 PM PDT
by
TankerKC
(I think P. T. Barnum had his time off by about 59 seconds.)
To: jerry557
typical scumbag attorney move. may the guilty all burn for their actions.
7
posted on
04/11/2010 9:09:51 PM PDT
by
Hexenhammer
(sic semper tyrannis)
To: LukeL
I dont know the exact legal term, but I am aware there is a law that states it doesnt matter what is in the victims medical history, if your actions lead to their death. Meaning if you hold up a gas station and a person with a heart conditon drops dead from shock, you are responsible for their death, their medical state is not a factor. Felony Murder rule ? That might apply if the accused kids were robbing a station and caused the poor girl to drop dead . Are those the facts here ?
8
posted on
04/11/2010 9:13:08 PM PDT
by
kbennkc
(For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
To: kbennkc
If a man rapes a woman, does the defense have a right to throw the victim’s entire medical and psychological history out into the open?
No wonder most rapes are never reported.
9
posted on
04/11/2010 9:17:08 PM PDT
by
jerry557
To: jerry557
I haven’t been following this closely, but it doesn’t sound unreasonable to me.
10
posted on
04/11/2010 9:17:20 PM PDT
by
smokingfrog
(Free Men will always be armed with the Truth.)
To: jerry557
Hmm--interesting way to game abortion privacy laws. I don't think someone dead has the same rights of someone alive.
Remember--this is a suicide. Not a murder. What you have here are people being accused of being mean teens. Any of you have any teens who were mean?
11
posted on
04/11/2010 9:20:25 PM PDT
by
Mamzelle
(Cameras, cameras--never forget to bring your cameras)
To: jerry557
If a man rapes a woman, does the defense have a right to throw the victims entire medical and psychological history out into the open? No wonder most rapes are never reported. Did it happen at a gas station ?
12
posted on
04/11/2010 9:21:21 PM PDT
by
kbennkc
(For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
To: kbennkc
I didnt make that analogy... i asked a different question...
Does the defense in a rape case have the right to smear the victim with her medical and psychological history that may have absolutely nothing to do with the crime?
13
posted on
04/11/2010 9:25:20 PM PDT
by
jerry557
To: jerry557
Does the defense in a rape case have the right to smear the victim with her medical and psychological history that may have absolutely nothing to do with the crime? Do you understand what a double barreled question is ? Are you still a part time democrat ? Yes or no please .
14
posted on
04/11/2010 9:31:16 PM PDT
by
kbennkc
(For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
To: kbennkc
Part-time Democrat? What the hell are you talking about? And what the hell does political affiliation have to do with this anyway?
I asked a simple question of whether the defense has a right to smear a rape victim? And you obviously don’t have the answer.
15
posted on
04/11/2010 9:38:55 PM PDT
by
jerry557
To: kbennkc
No the point is, if your actions result in the death of anyone you are resonsible, regardless if that person had a weakened mental or physical state to begin with.
16
posted on
04/11/2010 9:41:33 PM PDT
by
LukeL
(Yasser Arafat: "I'd kill for a Nobel Peace Prize")
To: LukeL
Maybe it was a Prozac moment.
Surely the defense has the right to know that?
17
posted on
04/11/2010 9:43:54 PM PDT
by
donna
(Sarah Palin: "I support his [McCain] position on immigration.")
To: donna
Doesnt make a difference...
If a suicidal person has a loaded gun to their head. And you yell at them to pull the trigger...and he pulls that trigger. I believe that under the law you can be held at least partially responsible for his death.
Im not a lawyer...But I think this is true.
18
posted on
04/11/2010 9:46:39 PM PDT
by
jerry557
To: LukeL
No the point is, if your actions result in the death of anyone you are resonsible, regardless if that person had a weakened mental or physical state to begin with. If that is so you can expect to hear from the lawyer for my estate as I have just expired as a result of this nattering .
19
posted on
04/11/2010 9:52:34 PM PDT
by
kbennkc
(For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
To: jerry557
Seems to me that if they are charging that this bulling caused her to commit suicide, the defense should be able to probe other possible reason’s for her taking her own life.
All kids get bullied at school from time to time, and it may have had nothing to do with her suicide.
20
posted on
04/11/2010 9:59:08 PM PDT
by
babygene
(Figures don't lie, but liars can figure...)
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